Reay & Sherlock v Chief Constable of Northumbria Police

Reay & Sherlock v Chief Constable of Northumbria Police

The police had reasonable grounds for believing that arrest was necessary for preventive reasons, given the context, the RCG's lack of engagement, and the operational risk. Alternatives were considered but reasonably rejected as impractical. The objective necessity test was satisfied.

Parties
Claimant/appellant: Mr Patrick Reay; Claimant/appellant: Mr Calum Sherlock; Respondent/defendant: Chief Constable of Northumbria Police
Jurisdiction
England and Wales
Judgment Date
27 November 2020
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Summary Arrest, Public Order, Individual Liberty, Necessity Test, Conspiracy to Commit Violent Disorder
Criminal Law Public Law Police Powers Summary Arrest Public Order Individual Liberty Necessity Test Conspiracy to Commit Violent Disorder

Case Brief

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Parties

Mr Patrick Reay

Claimant/appellant

Mr Calum Sherlock

Claimant/appellant

Chief Constable of Northumbria Police

Respondent/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the police had reasonable grounds for believing arrest was necessary for preventive reasons under section 24 of PACE
  2. 2 Whether alternatives to arrest were properly considered and rejected
  3. 3 Whether the objective necessity test was satisfied

Ratio Decidendi

The police had reasonable grounds for believing that arrest was necessary for preventive reasons, given the context, the RCG's lack of engagement, and the operational risk. Alternatives were considered but reasonably rejected as impractical. The objective necessity test was satisfied.

Court Disposition

appeal dismissed