The claimant had first been arrested (unlawfully) for non-payment of fines. He was chronically ill. He had later been re-arrested, again unlawfully for an alleged offence of common assault against one of the original arresting civilian officers, and then again for an alleged assault on a police officer.
Held: A subsequent lawful arrest could not make lawful an earlier detention under an unlawful arrest. It was not relevant that other powers of arrest migt have been available to the officers. The appeal succeeded, and the claimant was entitled to damages for the entire period of his detention.
Judges:
Auld, Hale, Dyson LJJ
Citations:
Times 05-Dec-2003
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Corby Justices ex parte Agnes Mort Admn 9-Mar-1998
Justices clerks are permitted to question fine defaulters as to their ability to pay, but must do so under enquiry without bias, and not as a prosecutor. A warrant for arrest for non-pyment of a fine was neither civil nor criminal in character, but . .
Lists of cited by and citing cases may be incomplete.
Police, Torts – Other
Updated: 29 April 2022; Ref: scu.189914
