The Police Were Informed Of A Domestic Issue At The Home Of Candice Lecky

1077 Words Nov 15th, 2015 null Page
The police were informed of a domestic issue at the home of Candice Lecky, the claimant’s girlfriend. Mr. Walker was accused of punching miss Lecky and the police had come over to investigate. The events that followed are recorded differently by Mr. Walker and PC Adams. Nonetheless, Mr. Walker was arrested a few minutes later and taken to the police station were he was detained for another 7 hours before being released . Mr. Walker was charged with “assault of a police officer in the execution of his duty” but was acquitted on the grounds that PC Walker had unlawfully infringed upon his freedom of movement.

Two years after the trial in Camberwell Green Magistrates Court, Mr. Walker issued a claim asking for damages for “false imprisonment, assault and malicious prosecution”. The trial judge ruled in favour of the police and Mr. Walker was only allowed limited appeal on three facts concerning his initial detention and arrest:

Was Mr. Walker’s initial decision in the doorway unlawful, thus amounting to false imprisonment
Was Mr. Walker’s reaction to that detention a reasonable and proportionate exercise in self defence
Was the purported arrest for “public order” a valid arrest within section 28(3) of PACE

The Appeal:

While considering the first issue the judges found that although the detention was brief and amounted to not more than 2 1/2 minutes it was still a false imprisonment. It was held that at the time of the false imprisonment PC Adams had not initiated his power…

Related Documents