The claimant was arrested on suspicion of murder and rape. The investigating officer was delayed by traffic so the arrest was carried out by a surveillance officer who was present at the scene but did not personally have reasonable grounds for suspecting the claimant was guilty of an offence, as required by section 24(2) of the Police and Criminal Evidence Act 1984.
Held: The judge had been entitled to conclude that there were reasonable grounds to suspect the claimant of an offence and a reasonable belief in the necessity of arrest, and therefore the claimant was entitled only nominal and not substantial damages.
Judges:
Sir Brian Leveson P, Hallett, Ryder LJJ
Citations:
[2018] WLR(D) 755, [2018] EWCA Civ 2788, [2019] 3 All ER 399, [2019] 1 WLR 2238
Links:
Statutes:
Police and Criminal Evidence Act 1984 24(2)
Jurisdiction:
England and Wales
Cited by:
Cited – Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 27-Nov-2019
The Home Secretary appealed from a finding that illegally entered asylum seekers had been unlawfully detained pending removal. The five claimants had travelled through other EU member states before entering the UK. The court considered inter alia . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Police, Damages
Updated: 15 September 2022; Ref: scu.631417
