Melia v Att. Gen. [1989] JLR_Note 9c (18 May 1989)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Police officers lack the legal authority to detain a person against their will for questioning unless the person is formally arrested.
Court disposition
application allowed
02
Material facts
Parties
Melia
ApplicantAttorney General
Respondent03
Procedural history
Posture
Criminal / Judgment
04
Questions and positions
Legal issues
Whether police have power to detain a suspect against their will without arrest merely for questioning
Party arguments
- Applicant
- The police had no authority to detain the applicant against his will without arrest for the purpose of questioning.
- Respondent
- The police were entitled to detain the applicant for questioning without formal arrest.
05
Court’s reasoning
Legal principles
- 01
Jersey common law
Police have no power to detain a suspect against their will without arrest merely for questioning.
06
Ratio, limits and disposition
Ratio decidendi
Police officers lack the legal authority to detain a person against their will for questioning unless the person is formally arrested.
Court disposition
application allowed
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Melia v Att. Gen. [1989] JLR_Note 9c (18 May 1989) URL: https://www.bailii.org/je/cases/JLR/1989/JLR89N009c.html Cite as: [1989] JLR_Note 9c [ New search ] [ Help ] Melia v Att. Gen. 1989 JLR Note 9c (18 May 1989) ASSAULT ON POLICE-no power to detain suspect against will without arrest merely for questioning The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1989 JLR Note 9c BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1989/JLR89N009c.html
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