Hayes v Merseyside Police [2011] EWCA Civ 911 (29 July 2011)

Hayes v Merseyside Police [2011] EWCA Civ 911 (29 July 2011)

The correct test for lawful arrest under section 24 is whether the officer honestly believed arrest was necessary for a statutory reason and whether that belief was objectively reasonable on the facts known to him; active consideration of all alternatives is not required. The arrest and detention of Mr Hayes were lawful under this test.

Citation
[2011] EWCA Civ 911
Parties
Claimant/appellant: Scott Hayes; Defendant/respondent: The Chief Constable of Merseyside Police
Jurisdiction
England and Wales
Judgment Date
29 July 2011
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Lawful Arrest, Necessity for Arrest, Police Discretion, Wrongful Arrest, Unlawful Detention
Criminal Law Police Powers Civil Liability Lawful Arrest Necessity for Arrest Police Discretion Wrongful Arrest Unlawful Detention

Case Brief

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Parties

Scott Hayes

Claimant/appellant

The Chief Constable of Merseyside Police

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the arrest of Mr Hayes was lawful under section 24 of the Police and Criminal Evidence Act 1984
  2. 2 Whether continued detention became unlawful once the complainant indicated he did not wish to pursue the allegation

Ratio Decidendi

The correct test for lawful arrest under section 24 is whether the officer honestly believed arrest was necessary for a statutory reason and whether that belief was objectively reasonable on the facts known to him; active consideration of all alternatives is not required. The arrest and detention of Mr Hayes were lawful under this test.

Court Disposition

Appeal dismissed

Orders

  • No damages awarded
  • No declaration of unlawful arrest or detention