The Chief Constable of Essex v Matthew Carter

The Chief Constable of Essex v Matthew Carter

The Recorder erred in law by requiring a reasonable belief under Section 54(4) of PACE; the statute only requires an honest belief. On the facts, the custody officer had an honest and reasonable belief that removal of clothing was necessary for safety. The use of force was justified and proportionate. The appeal is allowed and judgment entered for the Appellant.

Parties
Defendant/appellant: The Chief Constable of Essex; Claimant/respondent: Matthew Carter
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / High Court Judgment on Appeal
Outcome
Appeal allowed; judgment for the Appellant.
Legal Topics
Use of Force by Police, Strip Search, Damages for Assault/battery, PACE Section 54, Reasonableness Standard
Police Law Civil Liberties Tort Law Use of Force by Police Strip Search Damages for Assault/battery PACE Section 54 Reasonableness Standard

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Parties

The Chief Constable of Essex

Defendant/appellant

Matthew Carter

Claimant/respondent

Procedural Posture

Civil Appeal / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether the Recorder erred in law by importing a reasonableness requirement into Section 54(4) of PACE for removal of clothing from a detainee
  2. 2 Whether the police officers' actions in forcibly removing the Claimant's clothing were lawful under PACE
  3. 3 Whether the use of force was necessary and proportionate in the circumstances

Ratio Decidendi

The Recorder erred in law by requiring a reasonable belief under Section 54(4) of PACE; the statute only requires an honest belief. On the facts, the custody officer had an honest and reasonable belief that removal of clothing was necessary for safety. The use of force was justified and proportionate. The appeal is allowed and judgment entered for the Appellant.

Court Disposition

Appeal allowed; judgment for the Appellant.

Orders

  • Judgment for the Chief Constable of Essex; Claimant's claim dismissed.