Imagine going about your regular daily routine. You could be at work with your colleagues, relaxing at home with your loved ones or even tucked up in bed and fast asleep when uniformed police officers suddenly turn up and arrest you. So far as you are aware, you haven’t committed any crime, and you have no idea what is happening.
This type of situation is more common than you might think; when police arrest someone, there is often an element of surprise and quite possibly questionable grounds for doing so. We know only too well, from our work within the UK Criminal Justice System, how an unexpected arrest can cause complete disruption to a person’s life. When the police arrest someone without having reasonable grounds for doing so, this may be unlawful.
An unlawful arrest can have a lasting impact on an individual. Any period spent in police custody is a loss of personal freedom and can be especially harmful if that detention is the result of a misunderstanding or a baseless, even false, accusation. The shock, fear, and confusion that come with an unlawful arrest can lead to long-term emotional and psychological consequences, often not just for the person being arrested but also for family members and dependents who might be present during the arrest. Arrests made in public can result in irrevocable damage to a person’s reputation. The subsequent need to defend a criminal investigation, time lost at work, and the costs associated with rebuilding a reputation can pile up quickly.
Here, we break down the powers of the police to arrest someone and the circumstances in which an arrest may be considered unlawful.
Reasonable Grounds and Necessity
The Police and Criminal Evidence Act 1984 (PACE) sets out the powers of the police to arrest and detain individuals and the use of these powers must be legally justified. This means there must be a reasonable belief that the person has committed, is committing, or is about to commit a crime and that the arrest is necessary. At all times, the police must be able to account for the use of their powers so that the individual understands what is happening to them and in turn, to demonstrate that they have considered the need for their actions.
An arrest may be deemed necessary to ascertain a person’s name or address; to prevent physical harm; to prevent the loss of or damage to property; to prevent an offence against public decency or unlawful obstruction of the highway; to protect a child or vulnerable person; or to allow the prompt and effective investigation of an offence.
Requirements
PACE requires the police when making an arrest, to clearly identify themselves to the person being arrested. This may be obvious if they are uniformed officers; however, not all officers will be wearing a uniform; therefore, they must present identification to confirm they have the necessary power to carry out the arrest.
They must tell the suspect that they are being arrested, that they are not free to leave, they must inform the suspect of the crime that they are being arrested for, and they must deliver the police caution as follows:
“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
Reasonable Force
The police may use reasonable force when making an arrest; however, this must be exercised with caution, and in circumstances where the use of force is considered to have a lawful objective, it is the only option available to achieve that objective, and the application of force is not excessive.
Unlawful Arrest
An arrest may be considered unlawful in the following circumstances:
- Lack of reasonable belief: The police must have more than just a hunch or suspicion. They must have specific facts or evidence to justify reasonable suspicion of criminal conduct.
- Lack of Necessity: The arrest must be necessary to protect the public and allow a prompt and effective investigation.
- Failure to follow due process: The police must follow PACE procedures.
- Unreasonable Force: The use of excessive force is not allowed.
- Unlawful detention: A suspect cannot be detained or questioned without a legitimate reason.
False Imprisonment and Assault
If an arrest is unlawful, any amount of time spent in custody could constitute false imprisonment. The act of being arrested could also constitute a physical assault.
What to do
If you find yourself in a situation where police arrest you without reasonable grounds, it’s essential to understand your rights and how to respond. Here’s what you should do:
- Do not resist: Resisting arrest or becoming combative can escalate the situation and make matters worse. Stay calm and do not engage in hostile behaviour. Politely ask the officers why you are being arrested.
- Ask for legal representation: One of the first things you should do when arrested is request a solicitor. A solicitor will guide you through the process, making sure that the arrest and detention are lawful and that your best interests are protected.
- Document everything: Try to document the arrest. Record the officers’ badge numbers, names and the reason for the arrest (or lack thereof). If there are any witnesses to the event, ask for their contact details. This information could be invaluable if you decide to take action at a later stage.
- Issue a complaint: If you believe your arrest is unlawful, you should make a complaint in writing to the police service involved within 12 months. This may not only help clear your name but also hold the officers accountable for their actions. In some cases, your complaint may be referred to the Independent Office for Police Conduct (IOPC). If you are unhappy with the outcome of your complaint, you can request a review or file an appeal.
- Legal Action: You may be entitled to compensation owing to the harm and suffering experienced as a result of an unlawful arrest, assault and any subsequent false imprisonment. This would involve a claim for damages against the police. Solicitors will be able to establish whether you have grounds for a successful case and guide you through the process.
Disclaimer: This blog post is intended for informational purposes only and is not a substitute for professional legal advice. If you have been arrested or detained without reasonable grounds, call our team to discuss how we can support you.