Alger v Commissioner of Police of the Metropolis [2023] EWHC 1582 (KB) (28 June 2023)

Alger v Commissioner of Police of the Metropolis [2023] EWHC 1582 (KB) (28 June 2023)

The arresting officer did not have objectively reasonable grounds for believing arrest was necessary under section 24(5) of PACE; the trial judge erred by considering reasons not actually relied upon by the officer. The appellant's voluntary attendance and willingness to cooperate rendered arrest unnecessary. The appeal is allowed and damages awarded for false imprisonment.

Citation
[2023] EWHC 1582 (KB)
Parties
Claimant/appellant: Mr Jonathan Alger; Defendant/respondent: The Commissioner of Police of the Metropolis
Jurisdiction
England and Wales
Judgment Date
28 June 2023
Procedural Posture
Appeal / Judgment on Appeal From County Court
Outcome
Appeal allowed
Legal Topics
False Imprisonment, Unlawful Arrest, Necessity of Arrest, Damages for Wrongful Detention
Criminal Law Civil Law Police Law False Imprisonment Unlawful Arrest Necessity of Arrest Damages for Wrongful Detention

Case Brief

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Parties

Mr Jonathan Alger

Claimant/appellant

The Commissioner of Police of the Metropolis

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the arresting officer had objectively reasonable grounds to believe arrest was necessary under section 24(5) of PACE
  2. 2 Whether the trial judge erred by considering reasons not actually relied upon by the arresting officer
  3. 3 Whether the claimant is entitled to damages for false imprisonment

Ratio Decidendi

The arresting officer did not have objectively reasonable grounds for believing arrest was necessary under section 24(5) of PACE; the trial judge erred by considering reasons not actually relied upon by the officer. The appellant's voluntary attendance and willingness to cooperate rendered arrest unnecessary. The appeal is allowed and damages awarded for false imprisonment.

Court Disposition

Appeal allowed

Orders

  • Judgment for the appellant
  • Award of £2,750 in damages for false imprisonment