Recent Judicial Decisions
| Date | 01 September 2011 |
| Author | Damian Carney,David Wicks |
| Published date | 01 September 2011 |
| DOI | 10.1350/pojo.2011.84.3.563 |
| Subject Matter | Recent Judicial Decisions |
DAVID WICKS
Legal Correspondent
Email: dcw@3pumpcourt.com
DAMIAN CARNEY
Legal Correspondent
Email: Damian.Carney@port.ac.uk
RECENT JUDICIAL DECISIONS
Statutory Power of Arrest
Hayes v Chief Constable of Merseyside Police [2011] EWCA
Civ 911
Court of Appeal
29 July 2011
The Court of Appeal (Ward, Richards and Hughes LJJ) heard
an appeal by the claimant against the dismissal by HH Judge
Gore QC sitting at Liverpool County Court of his claim for
damages for wrongful arrest and false imprisonment.
Keywords: arrest without warrant; false imprisonment;
lawful detention; Police and Criminal Evidence Act 1984,
ss 24 and 34; police powers
The facts
On 17 June 2008, M made a complaint to the police that he had
been assaulted some days earlier by the claimant, H. M alleged
that the reason for the assault was that he had previously bought
cocaine from H, and H was claiming that M owed him money. M
said that H had previously made threats by text message and
telephone. A probationary police officer was requested to assist
in the location and arrest of H. The officer was eventually able to
speak to H on the telephone, and H agreed to meet the officer at
a local railway station. The officer attended with a number of
other officers, and H was arrested and informed of the allegation
against him. He was taken to the police station where the custody
sergeant recorded his reception at 10.33 pm. The probationary
officer then telephoned M to tell him that H had been arrested. M
said that he wished to withdraw his complaint. The officer
decided to visit M, and informed the custody sergeant. The visit
to M took place at about 11.30 pm. M confirmed in writing that
he wanted to withdraw the complaint. The officer returned to the
station shortly before midnight and showed the custody sergeant
The Police Journal, Volume 84 (2011) 285
DOI: 10.1358/pojo.2011.84.3.563
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