The section required a constable to ‘take into custody without warrant, and forthwith convey before a Justice, any person who in his view’ commits a range of offences.
Held: It was to be construed in such a way as not unduly to narrow the police’s powers of arrest. Proper consideration should be had to the maintenance of public order and other aspects of the public interest and powers conferred by Parliament should not lightly be rendered ineffective. Lord Bridge of Harwich: ‘If a power of arrest in flagrante delicto is to be effective at all, the person who exercises it needs protection,….so far as the law can give it’. Section 28 of the 1847 Act protected the police, if they honestly if mistakenly believed on reasonable grounds that they have seen an offence being committed. (Majority decision)
Judges:
Lord Bridge of Harwich
Citations:
[1983] 1 AC 57
Statutes:
Town Police Clauses Act l847 47
Jurisdiction:
England and Wales
Cited by:
Cited – Naidike, Naidike and Naidike v The Attorney General of Trinidad and Tobago PC 12-Oct-2004
(Trinidad and Tobago) The claimant was arrested following expiry of the last of his work permits and after he had failed to provide evidence of his intention to leave. As he was arrested he was also arrested for assaulting a police officer. He was . .
Lists of cited by and citing cases may be incomplete.
Constitutional, Police
Updated: 01 May 2022; Ref: scu.237244