Melia v Att. Gen. [1989] JLR_Note 9c (18 May 1989)

Melia v Att. Gen. [1989] JLR_Note 9c (18 May 1989)

Police officers lack the legal authority to detain a person against their will for questioning unless the person is formally arrested.

Parties
Applicant: Melia; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
18 May 1989
Procedural Posture
Criminal / Judgment
Outcome
application allowed
Legal Topics
Assault on Police, Detention Without Arrest, Police Powers

Case Brief

Summary, issues, holding and outcome

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Parties

Melia

Applicant

Attorney General

Respondent

Procedural Posture

Criminal / Judgment

  1. 1 Whether police have power to detain a suspect against their will without arrest merely for questioning

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