Recent Judicial Decisions
| Author | David Wicks,Damian Carney |
| Published date | 01 December 2008 |
| Date | 01 December 2008 |
| DOI | http://doi.org/10.1350/pojo.2008.81.4.454 |
| 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
Wrongful Arrest
Commissioner of Police of the Metropolis v Raissi [2008]
EWCA Civ 1237
Court of Appeal
12 November 2008
The Court of Appeal (Clarke MR, Maurice Kay and Stanley
Burnton LJJ) considered an appeal by the Metropolitan Police
Commissioner against an order of McCombe J made on 30
November 2007 giving judgment in favour of the claimant, Mr
Mohammed Raissi, on his claim for damages for wrongful
arrest and false imprisonment.
Keywords: False imprisonment; reasonable grounds for
suspicion; reliance on knowledge of superior officers;
Terrorism Act 2000; wrongful arrest
The facts
On 21 September 2001, Mr Raissi was arrested by a detective
constable of the Metropolitan Police on suspicion of involvement
in the terrorist attacks on the United States on 11 September
2001. He was interviewed and released without charge, having
been detained for 41
⁄2days. He brought a claim for damages for
wrongful arrest and false imprisonment against the Metropolitan
Police Commissioner. The Commissioner contended that the
arrest and detention were lawful, under s. 41 of the Terrorism
Act 2000, because the arresting officer had reasonable grounds
for suspecting that Mr Raissi was involved in acts of terrorism.
Shortly before the arrest, the police had received information
from the Federal Bureau of Investigation that implicated Mr
Raissi’s brother. This brother, to whom Mr Raissi was close, had
ready access to Mr Raissi’s house. The arresting officer attending
two briefings, at which he received instructions from superior
officers to go to Mr Raissi’s house to carry out a search and to
The Police Journal, Volume 81 (2008) 337
DOI: 10.1358/pojo.2008.81.4.454
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