Williamson v Chief Constable of the West Midlands Police [2003] EWCA Civ 337 (21 February 2003)

Williamson v Chief Constable of the West Midlands Police [2003] EWCA Civ 337 (21 February 2003)

PACE does not apply to arrests and detention for breach of the peace because breach of the peace is not a criminal offence under English law; common law governs such detentions, and the ECHR does not require a different interpretation.

Citation
[2003] EWCA Civ 337
Parties
Respondent/claimant: Wyecliffe Williamson; Appellant/defendant: Chief Constable of the West Midlands Police
Jurisdiction
England and Wales
Judgment Date
21 February 2003
Procedural Posture
Civil Appeal / Appeal From Birmingham County Court to Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Breach of the Peace, Police Detention, Interpretation of PACE, Common Law Powers, Human Rights (echr)
Criminal Law Police Powers Civil Liberties Breach of the Peace Police Detention Interpretation of PACE Common Law Powers Human Rights (echr)

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Parties

Wyecliffe Williamson

Respondent/claimant

Chief Constable of the West Midlands Police

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From Birmingham County Court to Court of Appeal (civil Division)

Legal Issues

  1. 1 Does the Police and Criminal Evidence Act 1984 (PACE) apply to arrests and detention for breach of the peace?
  2. 2 Is breach of the peace an 'offence' within the meaning of PACE?
  3. 3 Does the ECHR require PACE to be interpreted to include breach of the peace as an offence?

Ratio Decidendi

PACE does not apply to arrests and detention for breach of the peace because breach of the peace is not a criminal offence under English law; common law governs such detentions, and the ECHR does not require a different interpretation.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs
  • Costs order below to remain undisturbed