Where an arresting officer knows at the time of arrest that no charge is possible, the arresting officer acts unlawfully. However, it is for the claimant to establish on Wednesbury principles that the decision to arrest in any particular case was unlawful for want of proper exercise of discretion. Parker LJ said that ‘it will only be in very exceptional cases that the condition precedent [in section 24(6) reasonable grounds to suspect] being satisfied, a Wednesbury challenge can succeed’.
Judges:
Parker LJ
Citations:
Times 23-Mar-1992, [1992] 156 LG Rev 1024, (1992) TLR 137
Cited by:
Cited – Richardson v The Chief Constable of West Midlands Police QBD 29-Mar-2011
The claimant, a teacher, said he had been unlawfully arrested and detained after an allegation of assault from a pupil. Having attended the police station voluntarily, he said that the circumstances did not satisfy the required precondition that an . .
Lists of cited by and citing cases may be incomplete.
Police, Torts – Other
Updated: 18 May 2022; Ref: scu.431558
