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Tempest v Snowden: 1952

Decision too charge – whether was warranted

A custody officer is not required to be sure that the accused person is guilty before charging him, but rather he should believe that a charge is warranted

Citations:

[1952] 1 KBD 130

Jurisdiction:

England and Wales

Cited by:

CitedGlinski v McIver HL 1962
The court considered the tort of malicious prosecution when committed by a police officer, saying ‘But these cases must be carefully watched so as to see that there really is some evidence from his conduct that he knew it was a groundless charge.’ . .
CitedSinclair v Chief Constable of West Yorkshire and British Telecommunications Plc CA 12-Dec-2000
The claimant had been prosecuted, but the charge was dismissed as an abuse of process. He now appealed a strike out of his civil claim for damages for malicious prosecution.
Held: The appeal failed. The decision to dismiss the criminal charge . .
CitedHowarth v Gwent Constabulary and Another QBD 1-Nov-2011
The claimant alleged malicious prosecution and misfeasance in public office against the defendant. He had been charged with perverting the course of justice. He had worked for a firm of solicitors specialising in defending road traffic prosecutions. . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 07 December 2022; Ref: scu.183663

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