Successful Appeal in Unlawful Arrest Claim Against Police

Introduction

In March 2019, a married couple — both Metropolitan Police officers — were arrested and detained for more than seven hours by Surrey Police after the mother administered a light smack to their teenage son for misbehaviour. Despite offering voluntary cooperation with the investigation, both were detained and initially faced no further action.

Claim of Unlawful Arrest

At trial in Guildford County Court, the couple’s claim that their arrest was unlawful was dismissed, and they were ordered to pay 70 per cent of the defendant’s legal costs. They appealed, contending that the trial judge had erred in finding the arrests necessary and reasonable, especially given their offer to be interviewed willingly.

Appeal in the High Court

On appeal to the High Court, Mr Justice Bourne overturned the original decision, ruling that the arrests were unlawful. The court held that there was no objective basis for concluding that voluntary interviews were not a viable alternative to detention, and that the police had failed to rationally justify the coercive measures taken.

This decision reinforces the legal principles governing lawful arrest and the necessity test under criminal procedure, particularly where voluntary cooperation is offered. It highlights the importance of police authorities strictly adhering to reasonable and proportionate responses in domestic or non-violent family contexts.

You can read about the case here: Appeal Won After Unlawful Arrests

Seeking the Right Help

If you feel you have been subject to unlawful arrest by the police in England and Wales, then seekeng the right help quickly is vital. Satchell Moran are the Number 1 ranked firm for Actions Against the Police. Get in touch today to see how we can help you in your fight for justice and compensation.