In determining whether the information available to an officer is sufficient to give rise to a reasonable suspicion and charge, the test to be applied by a police officer is ‘Suspicion in its ordinary meaning is a state of conjuncture or surmise where proof is lacking: ‘I suspect but I cannot prove’. Suspicion arises at or near the starting point of an investigation of which the obtaining of prima facie proof is at the end.’ A reasonable suspicion is ‘a state of conjecture or surmise where proof is lacking’.
Judges:
Lord Devlin
Citations:
[1970] AC 942
Jurisdiction:
Commonwealth
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 by:
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Al-Fayed and others v Commissioner of Police of the Metropolis and others CA 25-Nov-2004
The appellants appealed from dismissal of their claims for wrongful imprisonment by the respondent. Each had attended at a police station for interview on allegations of theft. They had been arrested and held pending interview and then released. Mr . .
Lists of cited by and citing cases may be incomplete.
Police
Updated: 06 May 2022; Ref: scu.183667