Police were not liable for false imprisonment after arresting a person named in a warrant which had been issued by another police force as a result of one person who was arrested falsely giving the other person’s name. The warrant might have been capable of being struck out as being founded on a mistake of mistake, but it remained valid until it was recalled or cancelled. To comply with the section, and to be absolved from liability the words only required to assert that the person in fact arrested had in fact been charged. It was not necessary to establish that the person named had been charged. The warrant would have been valid in the home jurisdiction, and should be valid within other jurisdictions within the British Isles.
Lord Clyde said that as to an arrest warrant: ‘The warrants must be sufficiently clear and precise in their terms so that all those interested in their execution may know precisely what are the limits of the power which has been granted.’
Judges:
Lord Steyn, Lord Browne-Wilkinson, Lord Cooke of Thorndon, Lord Clyde, Lord Hutton
Citations:
Times 13-Jul-2001, [2001] UKHL 39, [2001] 2 AC 731, [2001] 4 All ER 334, [2001] NI 303, [2001] 3 WLR 312
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Faisaltex Ltd and others, Regina (on the Application of) v Crown Court Sitting at Preston and others etc Admn 21-Nov-2008
Nine claimants sought leave to bring judicial review of the issue of search warrants against solicitors’ and business and other premises, complaining of the seizure of excluded material and of special procedure material. There were suspicions of the . .
Cited – Global Cash and Carry Ltd, Regina (on The Application of) v Birmingham Magistrates’ Court and Others Admn 19-Feb-2013
The claimant sought an order quashing a search warrant, and for damages. The officer had said that he had evidence that the claimants were storing an distributing from the premises large quantities of counterfeit goods and drugs.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Police, Torts – Other, Northern Ireland
Updated: 04 June 2022; Ref: scu.162912