Olden, R. v

Olden, R. v

The arrest was unlawful because the arresting officer did not personally form the necessary suspicion, acting solely on instructions, contrary to the requirements of section 24 of the Police and Criminal Evidence Act 1984 and the principles in O'Hara. Consequently, evidence obtained as a result of the arrest was inadmissible, and the convictions could not stand.

Parties
Prosecutor: Regina; Appellant: Ronald Olden
Jurisdiction
England and Wales
Judgment Date
09 March 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
convictions quashed
Legal Topics
Unlawful Arrest, Admissibility of Evidence, Deception Offences, Bankruptcy, Mortgage Fraud
Criminal Law Evidence Police Powers Unlawful Arrest Admissibility of Evidence Deception Offences Bankruptcy Mortgage Fraud

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Parties

Regina

Prosecutor

Ronald Olden

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the arrest of the appellant was lawful under section 24 of the Police and Criminal Evidence Act 1984
  2. 2 Whether the evidence obtained following the arrest should have been excluded
  3. 3 Whether there was a case to answer on the deception and fraud counts

Ratio Decidendi

The arrest was unlawful because the arresting officer did not personally form the necessary suspicion, acting solely on instructions, contrary to the requirements of section 24 of the Police and Criminal Evidence Act 1984 and the principles in O'Hara. Consequently, evidence obtained as a result of the arrest was inadmissible, and the convictions could not stand.

Court Disposition

convictions quashed

Orders

  • Convictions quashed.