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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Good evening, I am trying to find the "ruling" or stated case

Customer Question

Good evening, I am trying to find the "ruling" or stated case were it was determined that an arrest made by a constable is considered lawful and that only a judge could deem the arrest unlawful.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.
I am a police officer and after an arrest a colleague deemed it as unlawful. My understanding was that in general principle arrests and the descretion to arrest could not be overturned other than in a court. I have read a case where this has been clarified and I am trying to find this case again
Expert:  Jo C. replied 3 years ago.
Sorry but I'm not sure I understand?

Are you asking if you can never be criticised by the IPCC or a higher officer?
Customer: replied 3 years ago.
No. There was ruling that said that in principle a constables arrest would be considered lawful and this was to protect the arrest from interference from senior officers and allow constables to make decisions without fear or favour. It assumed that arrests would be lawful and that only a judge could overturn this right of a constable. I think it was to protect the power of arrest bestowed on officers as a general ideal. Hope this helps?
Expert:  Jo C. replied 3 years ago.

I have had a quick search on BAILII without finding that specific case but I think thats because its a fairly obvious point.

As with most law in the uk, actions are presumed lawful unless a judge or other competent tribunal says they are not. Colleagues cannot adjudicate in this way,

That is not to say that a more senior officer cannot review detentions etc to consider whether there is justification and in fact pace demands that they do.

But, of course, the IPCC can make make determinations over the lawful or unlawful nature of actions because that is a tribunal whatever views we all take about its merits.

If you can give me a but more to go on than this I might be able to track down this case?

Customer: replied 3 years ago.
Thank you for your help, unfortunately I cannot provide any further information regarding the case I read that would help you. Kind regards Nick
Expert:  Jo C. replied 3 years ago.
No problem. I will keep looking into the point but its pretty wide
Customer: replied 3 years ago.
Thank you
Expert:  Jo C. replied 3 years ago.
No problem

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