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England and Wales decisions
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Clarke v Chief Constable of Northumbria Police [2026] EWHC 747 (KB) (27 March 2026)
The High Court allowed a child claimant’s appeal, holding that his arrest at school was not unavoidable and was therefore unlawful under PACE.
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.
Source excerpt
Chief Constable of Essex v Carter [2024] EWHC 126 (KB) (02 February 2024)
The High Court held that police lawfully removed a detainee’s clothing under PACE s.54(4), allowing the appeal and reducing damages.
ST v The Chief Constable of Nottinghamshire Police [2022] EWHC 1280 (QB) (26 May 2022)
High Court appeal on a 14-year-old's arrest and detention for robbery. The court held the arrest and custody were lawful under PACE, despite strong criticism of the police conduct.
Reay & Sherlock v Chief Constable of Northumbria Police [2020] EWHC 3246 (Admin) (27 November 2020)
The High Court dismissed an appeal over arrests made during a Newcastle protest operation, holding the police had reasonable grounds to believe arrest was necessary under PACE.
Pal v C.O.P. [2018] EWHC 2837 (QB) (23 August 2018)
The High Court granted permission to appeal in a wrongful arrest case, holding it was arguable that an article and tweet did not amount to harassment by speech.
The Court of Appeal dismissed a false imprisonment appeal, holding that an undercover officer was not an agent provocateur and that arresting police had reasonable grounds.
The High Court refused to lift confidentiality over a Tomlin Order settlement, summarily assessed damages for unlawful detention at £3,750, and ordered the Defendant to pay 60% of costs.
The High Court held that immigration detention was lawful for the first 12 months, but became unlawful thereafter, making 8 months of the 22-month detention unlawful.
Lord Hanningfield of Chelmsford v Chief Constable of Essex Police [2013] EWHC 243 (QB) (15 February 2013)
The High Court held that Lord Hanningfield’s arrest was not objectively necessary under PACE, making the resulting search and detention unlawful.
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