Arrest need not involve Physically Taking Hold
An arrest may be constituted when any form of words is used or possibly conduct deployed which is calculated to bring to the suspect’s notice, and does so, that he is under compulsion, and he thereafter submits to that compulsion.
Lord Parker CJ said: ‘There are a number of cases, both ancient and modern, as to what constitutes an arrest, and whereas there was a time when it was held that there could be no lawful arrest unless there was an actual seizing or touching, it is quite clear that that is no longer the law. There may be an arrest by mere words, by saying ‘I arrest you’ without any touching, provided, of course, that the defendant submits and goes with the police officer. Equally it is clear … that an arrest is constituted when any form of words is used which in the circumstances of the case were calculated to bring to the defendant’s notice, and did bring to the defendant’s notice, that he was under compulsion and thereafter he submitted to that compulsion.’
Lord Parker CJ, Blain, Donaldson JJ
[1969] 2 QB 216
England and Wales
Torts – Other, Police
Leading Case
Updated: 01 November 2021; Ref: scu.416725