Williamson v Chief Constable of the West Midlands Police

Williamson v Chief Constable of the West Midlands Police

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

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 / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Breach of the Peace, Police Powers, Detention, Interpretation of Statutes, European Convention on Human Rights
Criminal Law Civil Procedure Human Rights Breach of the Peace Police Powers Detention Interpretation of Statutes European Convention on Human Rights

Case Brief

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Parties

Wyecliffe Williamson

Respondent/claimant

Chief Constable of the West Midlands Police

Appellant/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Does the Police and Criminal Evidence Act 1984 (PACE) apply to arrest 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 European Convention on Human Rights require PACE to be interpreted to include breach of the peace?

Ratio Decidendi

PACE does not apply to arrest and detention for breach of the peace because breach of the peace is not a criminal offence under domestic 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