The minimal extent of a person’s detention by a police officer who was not exercising the power of arrest would not prevent his detention from being unlawful and amounting to false imprisonment. It was held to be false imprisonment for a police officer to stand in the front doorway of a house so as to prevent the claimant from leaving, even for a very short time, but it was not a deprivation of liberty within the meaning of article 5.
Judges:
Rimer, Tomlinson LJJ, Sir Bernard Rix
Citations:
[2014] EWCA Civ 897, [2014] WLR(D) 289, [2015] 1 WLR 312, [2015] 1 Cr App R 22
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Jalloh, Regina (on the application of) v Secretary of State for the Home Department SC 12-Feb-2020
Claim for damages for false imprisonment brought in judicial review proceedings challenging the legality of a curfew imposed upon the claimant, purportedly under paragraph 2(5) of Schedule 3 to the Immigration Act 1971.
Held: The Court of . .
Lists of cited by and citing cases may be incomplete.
Police, Torts – Other, Human Rights
Updated: 05 June 2022; Ref: scu.533673