Shields v. Shearer and Another [1913] ScotLR 794 (04 July 1913)

Shields v. Shearer and Another [1913] ScotLR 794 (04 July 1913)

Police constables arresting without a warrant under statutory authority must have reasonable grounds of suspicion; bona fide belief alone is insufficient. The issue for trial must include whether the arrest was made 'without reasonable grounds of suspicion.'

Citation
[1913] ScotLR 794
Parties
Pursuer: Stephen Shields; Defender: James Shearer; Defender: John Bruce
Jurisdiction
Scotland
Judgment Date
04 July 1913
Procedural Posture
Action for Damages for Wrongful Arrest / Appeal From Sheriff Court to Court of Session Inner House Second Division
Outcome
Interlocutor of the Sheriff-Substitute recalled; issue varied to include 'and without reasonable grounds of suspicion'; issue as so varied approved.
Legal Topics
Wrongful Arrest, Privilege of Police Officers, Reasonable Grounds of Suspicion, Statutory Interpretation
Tort Criminal Procedure Police Law Wrongful Arrest Privilege of Police Officers Reasonable Grounds of Suspicion Statutory Interpretation

Case Brief

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Parties

Stephen Shields

Pursuer

James Shearer

Defender

John Bruce

Defender

Procedural Posture

Action for Damages for Wrongful Arrest / Appeal From Sheriff Court to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether police constables are privileged from liability for wrongful arrest under section 88 of the Glasgow Police Act 1866 absent malice and want of probable cause
  2. 2 Whether it is necessary to put malice and want of probable cause in issue where statutory authority is invoked for arrest without warrant
  3. 3 Whether bona fide belief of police is sufficient or whether reasonable grounds of suspicion are required

Ratio Decidendi

Police constables arresting without a warrant under statutory authority must have reasonable grounds of suspicion; bona fide belief alone is insufficient. The issue for trial must include whether the arrest was made 'without reasonable grounds of suspicion.'

Court Disposition

Interlocutor of the Sheriff-Substitute recalled; issue varied to include 'and without reasonable grounds of suspicion'; issue as so varied approved.

Orders

  • Issue for trial to be: 'Whether on or about 14th October 1912 the defenders wrongfully and illegally, and without reasonable grounds of suspicion, apprehended the pursuer.'