Regina v Chief Constable of Devon and Cornwall ex parte CEGB: CA 1982

An unwanted kiss may be a battery. Lawton LJ discussed the individual responsibility of a police officer: ‘[chief constables] cannot give an officer under command an order to do acts which can only lawfully be done if the officer himself with reasonable cause suspects that a breach of the peace has occurred or is imminently likely to occur or an arrestable offence has been committed.’

Judges:

Lawton LJ

Citations:

[1982] QB 458

Jurisdiction:

England and Wales

Cited by:

CitedKD v Chief Constable of Hampshire QBD 23-Nov-2005
The claimant’s daughter had made a complaint of rape. She alleged that she was sexually harassed by the investigating police officer, and sought damages also from the defendant, his employer. The officer denied that anything improper or . .
CitedCommissioner of Police of the Metropolis v Raissi CA 12-Nov-2008
The Commissioner appealed against an award of damages for false imprisonment. The claimant had been arrested shortly after a terrorist attack. The judge had held that they had no reasonable belief of his involvement. The Commissioner did not now . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police

Updated: 01 May 2022; Ref: scu.241666