| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 305 (Dec) |
| Neutral Citation: | [2003] EWCA Civ 1844 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Dame Elizabeth Butler-Sloss P, Brooke and Latham LLJ |
| Representation | David Wilby QC and David Callan (instructed by Thompsons) for the claimants. |
| Simon Freeland QC and Toby Wynn (instructed by The Chief Constable of Northumbria) for the defendant. | |
| Judgment Dates: | 17 December 2003 |
Catchwords
Tort - Wrongful imprisonment - Unlawful arrest - Arrest without warrant - General powers of arrest - Police and Criminal Evidence Act 1984, s 24(6) - European Convention on Human Rights, art 5.
The Case
In determining whether or not an arrest had been legal a judge should ask the following questions: (a) whether the arresting officer suspected that the person arrested was guilty of the offence; (b) whether there were reasonable grounds for that suspicion; and (c) whether the officer had exercised his discretion to make the arrest in accordance with Wednesbury principles.
Practice Areas
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