A decision by a police station custody sergeant whether or not to grant bail to a suspect after charge, and on what terms, has immunity from action so long as it forms part of the process of prosecution. No abuse of process or malicious prosecution action or misfeasance in public office could be maintained against him for such a decision.
Citations:
Times 29-Apr-1998, [1998] EWCA Civ 543
Jurisdiction:
England and Wales
Cited by:
Cited – Keegan and Others v Chief Constable of Merseyside CA 3-Jul-2003
The police had information suggesting (wrongly) that a fugitive resided at an address. An armed raid followed, and the claimant occupant sought damages.
Held: The tort of malicious procurement of a search warrant required it to be established . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Police
Updated: 14 November 2022; Ref: scu.80850
