The Chief Constable appealed a finding of false imprisonment of the claimant. He had once been properly arrested, but before he was freed, it was decided that he should be held for court and an information laid alleging breach of the peace. They purported to exercise the common law power to detain a person where it is believed that, having committed a breach of the peace, it was reasonably believed that a renewal was threatened. His detention was reviewed, but having been arrested early in the weekend, by Sunday, he might have been released.
Held: A breach of the peace is not a criminal offence and the 1984 Act did not apply to detentions for a breach of the peace. Police constables have no special power of arrest for breach of the peace
Judges:
Lord Justice Mantell, And, Mr Justice Wall
Citations:
Gazette 21-Mar-2002, [2002] EWCA Civ 86
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v County Quarter Sessions Appeals Committee ex parte Metropolitan Police Commissioner 1948
A breach of the peace does not constitute a criminal offence. . .
Cited – Regina v Howell (Errol) CACD 1981
The court considered the meaning of the legal concept of a breach of the peace.
Held: The essence is to be found in violence or threatened violence. ‘We entertain no doubt that a constable has a power of arrest where there is reasonable . .
Cited – Albert v Lavin HL 3-Dec-1981
An off duty and out of uniform police officer attempted to restrain the defendant jumping ahead of a bus queue. The defendant struggled, and continued to do so even after being told that of the officer’s status. He said he had not believed that he . .
Cited – Foulkes v Chief Constable of Merseyside Police CA 9-Jun-1998
A man was locked out of the matrimonial home which he owned jointly with his wife, following a family dispute. The police told him, as was the fact, that his wife and children did not want him to re-enter the house and the police suggested that he . .
Lists of cited by and citing cases may be incomplete.
Police, Torts – Other
Updated: 03 July 2022; Ref: scu.167615