Crime Case Study: Unlawful Arrest

Our Crime and Business Defence team have successfully defended a client against the recent charges of breach of the peace, assaulting a police officer and resisting arrest.

The trial ended with the District Judge agreeing with our defence and determining the police officers involved were not acting in pursuit of their lawful function at the time of our client’s arrest – and therefore dismissing the subsequent charges of assaulting a police officer and resisting arrest.

Fosters’ Solicitor-Advocate Damien Moore, who represented the client in this case, commented: “This was an interesting case to defend and the stakes were incredibly high.

“As law abiding citizens, we all subscribe to the concept of policing by consent and we entrust the police will exercise their powers fairly and correctly. But when the police make mistakes, the repercussions can be far reaching. Fortunately, in this case our dedicated team at Fosters worked hard to ensure that we put right a situation the police got wrong.”

Summary of Case: Unlawful Arrest – The Story of Mr A

 The police were called to Mr A’s home address following reports from a neighbour that a ‘domestic incident’ was taking place. Upon police arrival, Mr A was found outside the property. He was engaged by Pc X whilst Pc Y spoke to Mr A’s partner. Mr A was under the influence of alcohol, but cooperative with the officer. The officer engaged Mr A in conversation and laughter.

A short while later, Pc Y spoke with Pc X and relayed her conversation with Mr A’s partner. There was no complaint alleging that Mr A had committed a criminal offence; but the officers determined Mr A needed to leave the property to avoid a breach of the peace arising.

Pc X engaged Mr A again. Mr A was sat on the floor. He was advised that he needed to leave the property and was asked to provide the officers with an alternative address where he could stay for the night. Mr A replied that he could not provide the officers with another address. He said he was unable to stay with his elderly parents as they were shielding owing to COVID-19.

The officers warned Mr A that if he could not provide an alternative address, he would be arrested to prevent a breach of the peace. Mr A offered to leave the address and said he would sleep in the woods, but the officers refused his request. Mr A offered to sleep in the back of his car for the night, but the officers refused his request. Mr A offered to walk up the road away from the premises, but the officers refused his request. Mr A said he could not stay anywhere else. He was arrested to prevent a breach of the peace.

As Pc X placed handcuffs on Mr A he objected. A scuffle followed and the officer was pushed into a hedge and onto the floor. Mr A was brought under control; but Pc X further arrested Mr A for assaulting a police officer and resisting his arrest. He was transported to a custody centre and detained for several hours; before being charged with the offences of assaulting a police officer and resisting arrest.

The Trial

Mr A was a professional man with no previous convictions, and any conviction would have ended his career.

Mr A engaged the services of Fosters. During a contested trial, Fosters’ Damien Moore persuaded the District Judge that the police had exceeded their authority when arresting Mr A for a breach of the peace, thereby rendering that arrest unlawful. By reference to case law, we successfully argued the police acted wrongly when trying to impose conditions upon Mr A’s departure from the property; such conditions offending his right to freedom of movement. We said there was no imminent risk of a breach of the peace arising and an arrest could have been avoided.

The District Judge agreed and determined the officers were not acting in pursuit of their lawful function at the time of arrest. The subsequent charges of assaulting a police officer and resisting arrest were therefore dismissed.