The claimant sought damages for the circumstances of her having been taken into custody. A magistrate had issued a warrant to require her to be removed to a place of safety. The warrant named a social worker and doctor to accompany the officer. The warrant was executed but the social worker and doctor were not those named.
Held: Magistrates could issue a warrant without naming the social worker or doctor who would be required under the section to accompany the police officer. If so, such workers could be selected as appropriate. The addition of the names to the warrant was to be read as a restriction on the way the warrant was to be executed, and the officer could not assume that the warrant would have been issued without names or with alternative names. The warrant itself was valid, but the mode of execution was not.
Judges:
Lord Justice Schiemann Lord Justice Latham
Citations:
[2003] EWCA Civ 1152, Times 02-Sep-2003, Gazette 02-Oct-2003
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appealed to – Ward v Commissioner of Police for the Metropolis and others HL 5-May-2005
The claimant had been taken under warrant to a mental hospital, but was found not to be suffering any mental illness. She complained that the arrest was unlawful, since the police officer had not been accompanied by the people named on the warrant. . .
Cited by:
Appeal From – Ward v Commissioner of Police for the Metropolis and others HL 5-May-2005
The claimant had been taken under warrant to a mental hospital, but was found not to be suffering any mental illness. She complained that the arrest was unlawful, since the police officer had not been accompanied by the people named on the warrant. . .
Lists of cited by and citing cases may be incomplete.
Health, Magistrates, Police
Updated: 07 June 2022; Ref: scu.185243