Menu My portfolio: 0

Claimant’s arrest unnecessary for specific purpose to interview

R (TL) v Chief Constable of Surrey Police [2017] EWHC 129 (Admin)

Related Member(s):
Mark Summers QC
Related Practice Area(s):
Crime and Regulatory Law, Police Law, Public Law
Court:

The claimant filed judicial review proceedings and claimed that his arrest for rape and sexual assault was unlawful because it was unnecessary and actuated by more than one improper purposes. The issue was whether the arrest was necessary to allow the prompt and effective investigation of this complaint.

The Court concluded that the Claimant’s arrest was unnecessary for the specific purpose of interviewing him, and there were no reasonable grounds necessitating his arrest in order to impose bail conditions. Also, there were no reasonable grounds necessitating his arrest in order to search his premises rather than obtaining a search warrant. Consequently, the lawfulness of the arrest could not be upheld and declaratory relief was granted to the claimant.
Mark Summers QC was involved in this case.

Mark Summers QC was involved in this case.