The Chief Constable appealed against a finding that the claimant had been arrested for rape without reasonable grounds. A description of the rapist had been given which the claimant met in several respects, but from which he clearly differed in others. The appellant suggested that the judge had applied too strict a test.
Held: The appeal succeeded. Though the judge had correctly stated the law, he had not correctly applied it to the facts, and had applied a too severe test for the reasonableness of the officer’s suspicions.
Judges:
Arden, Hallett LJJ, Blackburne J
Citations:
[2008] EWCA Civ 1582
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Dumbell v Roberts CA 1944
The court discussed the nature of reasonable grounds for suspicion for an arrest. The threshold for the existence of reasonable grounds for suspicion is low, and the requirement is limited. Scott LJ said: ‘The protection of the public is safeguarded . .
Cited – Hussien v Chong Fook Kam PC 7-Oct-1969
(Malaysia) The Board considered the propriety of an arrest by the police. Lord Devlin said: ‘An arrest occurs when a police officer states in terms that he is arresting or when he uses force to restrain the individual concerned. It occurs also when . .
Cited – O’Hara v Chief Constable of the Royal Ulster Constabulary HL 21-Nov-1996
Second Hand Knowledge Supports Resaobnable Belief
The plaintiff had been arrested on the basis of the 1984 Act. The officer had no particular knowledge of the plaintiff’s involvement, relying on a briefing which led to the arrest.
Held: A reasonable suspicion upon which an arrest was founded . .
Cited – Hough v Chief Constable of Staffordshire Police CA 14-Feb-2001
Where a constable arrested someone based upon information on the police national computer, he was not to be held accountable for wrongful arrest and false imprisonment, if the information upon which that had in turn been based, did not justify the . .
Cited – Commissioner of Police of the Metropolis v Raissi CA 12-Nov-2008
The Commissioner appealed against an award of damages for false imprisonment. The claimant had been arrested shortly after a terrorist attack. The judge had held that they had no reasonable belief of his involvement. The Commissioner did not now . .
Cited – Secretary of State for Defence v Al-Skeini and others (The Redress Trust Intervening) HL 13-Jun-2007
Complaints were made as to the deaths of six Iraqi civilians which were the result of actions by a member or members of the British armed forces in Basra. One of them, Mr Baha Mousa, had died as a result of severe maltreatment in a prison occupied . .
Cited – Cumming and others v Chief Constable of Northumbria Police CA 17-Dec-2003
The six claimants sought damages for wrongful arrest and false imprisonment. Each had been arrested on an officer’s suspicion. They operated CCTV equipment, and it appeared that tapes showing the commission of an offence had been tampered with. Each . .
Lists of cited by and citing cases may be incomplete.
Police, Torts – Other
Updated: 23 July 2022; Ref: scu.291907