Action Against Public Authorities Solicitors

The power of arrest is a significant authority granted to police officers, but it must be exercised lawfully and fairly. Under Section 24 of the Police and Criminal Evidence Act 1984 (PACE), a constable can arrest an individual without a warrant in specific circumstances. However, this power is not without limits, and the police must have reasonable grounds to justify both the arrest and its necessity

Police and Criminal Evidence Act 1984

Under Section 21 of the Act, a constable may arrest without a warrant –

(1)

1. Anyone who is about to commit an offence
2. Anyone who is in the act of committing an offence
3. Anyone whom he has reasonable grounds for suspecting to be about to commit an offence
4. Anyone whom he has reasonable grounds for suspecting to be committing an offence

(2) A constable may arrest anyone he has reasonable grounds for suspecting is guilty of committing an offence

The power of arrest conferred by s.24 is exercisable only if the police had reasonable grounds to believe any of the reasons mentioned above or it is necessary to arrest the person in question.

The reasons for an arrest being necessary include:

1. to enable the name of the person to be ascertained
2. to ascertain the persons address
3. to prevent the person in question –

1. causing injury to himself or another
2. suffering physical injury
3. causing loss of or damage to property
4. committing an offence against public decency
5. causing unlawful obstruction of highway

4. to protect child or vulnerable person from the person in question
5. to allow prompt and effective investigation of the offence or of the conduct of the person in question
6. to prevent disappearance of person in question

Reasonable grounds

The requirement for objectively reasonable grounds is based solely on what information is known to the arresting officer, at the time of arrest. It relates to what is in the mind of the arresting officer when the power is exercised.

The threshold is low and an allegation made with no supporting evidence, for example, can still amount to reasonable suspicion someone committed an offence, even with no   corroborating evidence available at that time.

An arrest made from an allegation can also be seen to satisfy that the arrest was necessary for a number of reasons outlined above, including to allow for a prompt and effective investigation into the conduct of the person in question.  

The complexities of whether it can be argued a constable had reasonable grounds to suspect you of committing a crime, or whether the arrest was necessary, leads to questions of whether things could have been dealt with in another way such as by way of a voluntary interview.

False Imprisonment/Wrongful arrest

False imprisonment occurs when someone is arrested but there is not lawful justification for the arrest. You may also know this as wrongful arrest and unlawful arrest.

If you have been arrested and you are able to show the constable did not have reasonable grounds to suspect you committed an offence, or that your arrest was not necessary, then the constable may not have had lawful justification for your arrest and their conduct may amount to false imprisonment.

If it is found there is no lawful justification for your arrest then all conduct following the arrest will be considered unlawful, such as any use of force. An unlawful use of force could then be considered an assault.

How to challenge

Police complaint: You can challenge the reasons for your arrest by submitting a complaint to the professional standards department of the relevant police force in question. It is recommended you consult solicitors to specialist advice and seek assistance with submitting your complaint.

A police complaint should be submitted within 12 months or it may not be considered without good reason for the delay.

Civil claim: If it is established there was no lawful justification for your arrest this may mean that you can pursue aa civil claim for damages.

A key factor to bear in mind are the time limits in which to make a complaint and/or make a claim. The time limit to commence a Court action in the most common cases is:

• For wrongful arrest and false imprisonment, SIX YEARS from the date of the incident.
• If you have suffered a personal injury or assault the time limit is THREE YEARS from the date of injury or assault.
• For a perceived breach of your human rights under Human Rights the time limit is 12 MONTHS LESS ONE DAY from the date of the breach.
• If you have been discriminated against the time limit to bring a claim under the Equality Act is SIX MONTHS.

At Duncan Lewis, we have an Actions Against Public Authorities department committed to assisting those who have been wronged by public bodies, such as the police. If you have been arrested and you do not think the constable had reasonable grounds for suspecting you were about to commit an offence, were in the process of committing an offence or had committed an offence, or that your arrest was not necessary, then get in touch by telephone at 033 3772 0409 as we can consider whether you may have grounds for a complaint or civil claim.

About the Author:

Grace Richardson is a caseworker in the Actions Against Public Authorities Department at the Newcastle office. She supports her supervisor, Courtney Smith, in managing a portfolio of cases involving complaints and civil claims against various public entities, including police forces, the Home Office, the Ministry of Justice, local authorities, and other public bodies.

Grace assists a diverse range of clients, many of whom are vulnerable, providing her with valuable experience in managing both publicly funded and private legal matters.

Contact her via email at gracer@duncanlewis.com at or by telephone on 020 7275 2869.

Duncan Lewis Solicitors

Duncan Lewis is renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and Partners and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times.