Hussein v Choung Fook Kam: HL 1970

When making an arrest, the standard of proof required of the officer is suspicion and no more. It falls well short of prima facie proof. Suspicion should not be elided with guilt, or even prima facie proof of guilt. It ‘is a state of conjecture or surmise where proof is lacking: I suspect but I cannot prove.’


Lord Devlin


[1970] AC 942


England and Wales

Cited by:

CitedJarrett v Chief Constable of West Midlands Police CA 14-Feb-2003
The claimant sought damages for false imprisonment and assault after her wrongful arrest. She had waived her handbag at an officer investigating a disturbance and been arrested. The police said the arrest was lawful, she being suspected of common . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 19 May 2022; Ref: scu.182927