Reay & Sherlock v Chief Constable of Northumbria Police [2020] EWHC 3246 (Admin) (27 November 2020)

The police had reasonable grounds for believing that arresting the appellants was necessary for preventive reasons under section 24(5) PACE 1984, given the high risk of disorder, the RCG's lack of engagement, and the impracticality of alternatives. The objective necessity test was satisfied.

Citation: [2020] EWHC 3246 (Admin)
Parties: Claimant and Appellant: Mr Patrick Reay; Claimant and Appellant: Mr Calum Sherlock; Respondent and Defendant: Chief Constable of Northumbria Police
Jurisdiction: England and Wales
Judgment Date: 27 November 2020
Procedural Posture: Civil Appeal / High Court Appeal From County Court Judgment
Outcome: Appeal dismissed
Legal Topics: Lawfulness of Arrest, Police Powers, Necessity Test, Public Order Policing, Summary Arrest, Section 24 Police and Criminal Evidence Act 1984, Section 14 Public Order Act 1986

Public Law Police Law Civil Liberties Lawfulness of Arrest Police Powers Necessity Test Public Order Policing Summary Arrest +2 more

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Parties

Mr Patrick Reay

Claimant and Appellant

Mr Calum Sherlock

Claimant and Appellant

Chief Constable of Northumbria Police

Respondent and Defendant

Procedural Posture

Civil Appeal / High Court Appeal From County Court Judgment

Legal Issues

1 Whether the police had reasonable grounds for believing that arresting the appellants was necessary for one of the preventive reasons under section 24(5) of PACE 1984
2 Whether alternatives to arrest were properly considered and rejected
3 Whether the objective necessity test was satisfied in the circumstances

Ratio Decidendi

Court Disposition

Appeal dismissed