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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.
On appeal from a county court jury trial, the High Court held that arresting a 16-year-old at school was not unavoidable and was unlawful.
The arresting officer did not have objectively reasonable grounds to believe that arrest was necessary under section 24(5) of PACE. The officer failed to properly consider voluntary alternatives, and the reasons given for arrest were not substantiated by the facts. The trial judge erred by relying on reasons not actually considered by the officer. Therefore, the arrest and subsequent detention constituted false imprisonment.
Source excerpt
Alger v Commissioner of Police of the Metropolis [2023] EWHC 1582 (KB) (28 June 2023)
The High Court allowed an appeal in a false imprisonment claim, holding that the claimant’s arrest was not objectively necessary under section 24 of PACE.
The High Court allowed a false imprisonment appeal by a 14-year-old, holding that the arrest and detention were unlawful because officers failed to properly assess necessity and the child’s welfare.
Fittschen v Chief Constable of Dorset Police [2022] EWHC 399 (QB) (25 February 2022)
The High Court held that Klaus Peter Wilhelm Fittschen’s arrest for prostitution-related offences was unlawful because the police lacked objectively reasonable suspicion.
The High Court held that police had reasonable suspicion to arrest MR for harassment, but the arrest was not objectively necessary because he had attended voluntarily.
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