McKee v Chief Constable for Northern Ireland
| Jurisdiction | England & Wales |
| Judge | Lord Scarman,Lord Elwyn-Jones,Lord Diplock,Lord Roskill,Lord Brightman |
| Judgment Date | 22 November 1984 |
| Judgment citation (vLex) | [1984] UKHL J1122-1 |
| Court | House of Lords |
| Date | 22 November 1984 |
[1984] UKHL J1122-1
House of Lords
Lord Scarman
Lord Elwyn-Jones
Lord Diplock
Lord Roskill
Lord Brightman
My Lords,
I have had the advantage of reading in draft the speech to be delivered by my noble and learned friend, Lord Roskill. I agree with it, and for the reasons he gives I would allow the appeal and restore the order of MacDermott J.
My Lords,
I have had the advantage of reading in draft the speech of my noble and learned friend, Lord Roskill. For the reasons he has given I would allow this appeal and restore the order of MacDermott J. dismissing this action.
My Lords,
I have had the advantage of reading in draft the speech of my noble and learned friend, Lord Roskill. For the reasons he has given I too would allow this appeal and restore the order of MacDermott J. dismissing this action.
My Lords,
Early in the morning of the 8 September 1981 Constable Graham of the Royal Ulster Constabulary was sent with another police officer and a soldier to the respondent's home in TheodoreStreet in Belfast. Graham's instructions, given earlier that night by his superior officer, Sergeant Jackson, were to arrest the respondent as a "suspected terrorist." Graham's evidence, which the learned trial judge, MacDermott J., accepted in preference to that of the respondent was that Jackson had told him that the respondent "was a suspect terrorist and from what he told me about that person I was firmly convinced that this was correct." Graham also said that when he arrested the respondent he told him "I am arresting you under section 11 of the Emergency Powers Act 1978 and am taking you to Castlereagh. Just then he said —'What for?' I told him it was as a suspect terrorist." The respondent having been so arrested was detained and questioned. At about 10.00 p.m. on the same day he was released, having been in custody for some 18 hours. The respondent then sued the appellant as the police authority responsible for the actions of Graham and others for damages for trespass, arrest and unlawful arrest and imprisonment. The appellant by way of defence relied on section 11 of the Northern Ireland (Emergency Provisions) Act 1978. Section 11(1) of that statute reads: "Any constable may arrest without warrant any person whom he suspects of being a terrorist."
Section 31(1) defines "terrorism" and "terrorist" in the following terms. "'Terrorism' means the use of violence for political ends and includes any use of violence for the purpose of putting the public or any section of the public in fear. 'Terrorist' means a person who is or has been concerned in the commission or attempted commission of any act of terrorism or in directing, organising or training persons for the purpose of terrorism."
MacDermott J. dismissed the respondent's action. Two findings of the learned judge's judgment are crucial. First:
"I am satisfied … that the constable when he went to Theodore Street was convinced in his own mind that the [respondent] was suspected of being a terrorist and that he himself suspected him of being a terrorist."
Second:
"… I accept that Constable Graham genuinely suspected that the [respondent] was a terrorist. As can be seen from the definition, 'terrorist' and 'terrorism' are defined in wide terms. In my judgment the arresting constable does not have to know or even suspect the nature of the involvement in terrorism which his superior attributes to the person who is being arrested."
It was for this reason that the learned trial judge held that the respondent's arrest was lawful and dismissed the action.
The respondent appealed to the Court of Appeal, Jones L.J. O'Donnell L.J. and Kelly J. as he then was. The Court of Appeal on 5 December 1983 by a majority, Jones L.J. dissenting, allowed the appeal, held the arrest unlawful and awarded the respondent £500 damages against the appellant. By the same majority leave to appeal to this House was refused but subsequently your Lordships granted leave to appeal. The reasoning of Jones L.J. was in substance that of the learned trial judge. But the majorityin the judgment given by Kelly J. thought otherwise. After stating that the statute "required a suspicion of being a terrorist in narrower terms than popular usage of the word terrorist might connote to a...
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