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Appeal upheld limiting police powers of arrest

Tim Bowden appeared for the applicant Fraser Wood in a case stated appeal to the Divisional Court following a dismissal of his appeal by HHJ Bevan QC at Luton Crown Court.

Mr Wood had been detained by police, and whilst being detained was found to have assaulted two police officers in the execution of their duty and committed a public order offence.

In cross-examination at the Crown Court the most senior police officer at the scene was compelled to accept that at the time he initially detained Mr Wood he was not intending to arrest him as he did not believe he had the grounds to do so. In the circumstances he did in fact have grounds to arrest.

HHJ Bevan QC ruled that the officer was lawfully arresting Mr Wood.

The Divisional Court ruled that detention by a police officer short of arresting a person is unlawful, and that an officer must intend to exercise powers of arrest in order for a detention to be lawful.

The DPP argued that the intention of the officer was irrelevant and that a court could retrospectively consider whether the officer had the grounds to arrest a person. If the power to arrest existed then the arrest would be lawful, regardless of whether the police officer intended to arrest or knew that he had a power to arrest.

This case marks the firm rejection of that argument.

For further information

• Restraint without arrest was assault - Times Online

23 May 2008

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