Hough v Staffordshire Constabulary [2001] EWCA Civ 39 (16 January 2001)

Hough v Staffordshire Constabulary [2001] EWCA Civ 39 (16 January 2001)

The critical question is what was in the mind of the arresting officer; if the officer's suspicion is reasonably based on a police computer entry, the arrest is lawful, regardless of whether the officer who made the entry had reasonable grounds. The judge below erred in law by requiring proof of the basis for the...

Source-derived case information.

Citation
[2001] EWCA Civ 39
Parties
Claimant/respondent: Gary Lee Hough; Defendant/appellant: The Chief Constable of the Staffordshire Constabulary
Jurisdiction
England and Wales
Judgment Date
16 January 2001
Procedural Posture
Civil Appeal / Appeal From Chester County Court Judgment
Outcome
Appeal allowed
Legal Topics
Wrongful Arrest, Assault, False Imprisonment, Reasonable Suspicion, Police Powers, Damages
Tort Law Police Law Civil Procedure Wrongful Arrest Assault False Imprisonment Reasonable Suspicion Police Powers +1 more

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Parties

Gary Lee Hough

Claimant/respondent

The Chief Constable of the Staffordshire Constabulary

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Chester County Court Judgment

Legal Issues

  1. 1 Whether the lawfulness of an arrest based on a police national computer entry depends on the reasonableness of the arresting officer's suspicion or the officer who made the computer entry
  2. 2 Whether the arresting officer had reasonable grounds for suspicion under s.24(6) of the Police & Criminal Evidence Act 1984

Ratio Decidendi

The critical question is what was in the mind of the arresting officer; if the officer's suspicion is reasonably based on a police computer entry, the arrest is lawful, regardless of whether the officer who made the entry had reasonable grounds. The judge below erred in law by requiring proof of the basis for the computer entry rather than focusing on the arresting officer's reasonable suspicion.

Court Disposition

Appeal allowed

Orders

  • Order of the judge below set aside
  • Costs of appeal awarded to the appellant