The Chief Constable appealed aganst a finding that his officers had wrongfully arrested and imprisoned the claimant. The claimant was 10 years old when arrested, and complained that the officers had not properly advised him of the nature and purpose of the arrest.
Held: ‘The question is thus whether, having regard to all the circumstances of the particular case, the person arrested was told in simple, non-technical language that he could understand, the essential legal and factual grounds for his arrest.’ The cases are fact sensitive. The claimant was told he was being arrested for a violent disorder on an identified previous occasion. To ask the officer to go further would invite even more doubt. As to the period of detention, the judge was entitled to find on the evidence that the delay in interview had been unreasonable.
Judges:
Lord Justice Clarke Lord Justice Sedley Vice-Chancellor, The Vice-Chancellor
Citations:
[2004] EWCA Civ 858, Times 13-Jul-2004, [2004] 3 All ER 503, [2004] 1 WLR 3155
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Christie v Leachinsky HL 25-Mar-1947
Arrested Person must be told basis of the Arrest
Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .
Cited – Murphy v Oxford CA 15-Feb-1985
. .
Cited – Abbassy v Commissioner of Police for the Metropolis CA 28-Jul-1989
The court considered what information had to be given to a suspect on his arrest.
Held: The question whether or not the information given is adequate has to be assessed objectively having regard to the information which is reasonably available . .
Cited – Mercer v Chief Constable of Lancashire CA 1991
When justifying a detention, the Chief Constable must prove it ‘was lawful minute by minute and hour by hour’. . .
Cited – Fox, Campbell and Hartley v The United Kingdom ECHR 30-Aug-1990
The court considered the required basis for a reasonable suspicion to found an arrest without a warrant: ‘The ‘reasonableness’ of the suspicion on which an arrest must be based forms an essential part of the safeguard against arbitrary arrest and . .
Cited – Wilding v Chief Constable of Lancashire CA 22-May-1995
The court considered a claim by a woman for wrongful arrest and unlawful detention by police officers who had reasonably suspected her of burglary of the house of her former partner. In interview by the police, she denied the offence and made . .
Cited – Woods v Commissioner of Police for the Metropolis CA 26-May-1995
The court in considering the period of detention of the claimant, asked itself whether the circumstances were such that the decision of the custody sergeant was unreasonable in the sense that no custody sergeant, applying common sense to the . .
Cited by:
Cited – Sher and Others v Chief Constable of Greater Manchester Police and Others Admn 21-Jul-2010
The claimants, Pakistani students in the UK on student visas, had been arrested and held by the defendants under the 2000 Act before being released 13 days later without charge. They were at first held incognito. They said that their arrest and . .
Lists of cited by and citing cases may be incomplete.
Police, Torts – Other, Children
Updated: 11 June 2022; Ref: scu.198601
