The appellant had been convicted of assaulting a female police officer in the course of her duty when attempting to search her at a police station under section 23(2). She said that the police officers had not been acting in the execution of their duty because a search imposed a restraint on a person’s freedom and also an interference with the right to privacy under Article 8(1) of the ECHR.
Held: A police constable was not normally entitled to carry out such a search without first telling the victim of the search why it was necessary in the particular case. The reason for a police officer exercising a search is to allow the person to be searched to object that the reason is inadequate: Counsel: ‘If persons do not know why they are being searched, they have no basis on which to form a view whether or not that search is justified in the circumstances.’ Robert Goff LJ: ‘I can see no difficulty in general terms in the officer explaining to the person no doubt in the simplest and most ordinary language, why the search is proposed. In my judgment, generally speaking, that ought to be done. Consistent with the speech of Viscount Simon in Christie v Leachinsky [1947] AC 573, there may well be circumstances where the giving of such reasons would not be necessary. To give an example, the circumstances may be such that it is perfectly obvious why a search is necessary. If so, it would be otiose for the officer concerned to give an explanation.’ and ‘In general terms, the citizens of this country should not have their freedom interfered with unless it would be lawful to do so, and, in my judgment, an explanation should generally be given to persons why a personal search is to be carried out.’
Judges:
Robert Goff LJ, McNeill J
Citations:
[1983] 3 All E R 537, [1983] 1 WLR 1155
Statutes:
Misuse of Drugs Act 1971 23(2)
Citing:
Cited – Christie v Leachinsky HL 25-Mar-1947
Arrested Person must be told basis of the Arrest
Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .
Lists of cited by and citing cases may be incomplete.
Police, Crime, Human Rights, Torts – Other
Updated: 13 May 2022; Ref: scu.211414
