False Imprisonment

False Imprisonment is an up-to-date and comprehensive analysis of all the relevant law. It provides an exhaustive summary of the statute, reported and unreported case-law and the remedies available. Also examined are the practicalities of bringing a civil action against the police, officers of HM Customs and Excise or other authorities. In recent years the police (urged on by Home Office circulars) and other authorities have become ever more ready to exercise their powers to detain...
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False Imprisonment is an up-to-date and comprehensive analysis of all the relevant law. It provides an exhaustive summary of the statute, reported and unreported case-law and the remedies available. Also examined are the practicalities of bringing a civil action against the police, officers of HM Customs and Excise or other authorities. In recent years the police (urged on by Home Office circulars) and other authorities have become ever more ready to exercise their powers to detain suspected offenders. These powers are subject to strict rules and restrictions and failure to comply with the correct procedure will usually entitle the detainee to make a civil claim for damages. The Human Rights Act 1998 allows victims of arrest or detention in contravention of Article 5 (Right to Liberty) an enforceable right to compensation and may lead to a sharp increase in those seeking redress for alleged abuse of powers. Against this background False Imprisonment seeks to provide answers to such questions as: What constitutes an arrest? What are arrestable offences? When can the power of arrest without a warrant be exercised? When does custody by the police cease to be lawful and become tortious because of its unreasonable duration? When can a citizen lawfully make an arrest? What damages can be claimed and what amounts can be recovered under the various categories of harm? False Imprisonment includes a full account of the powers of police and others to make summary arrests, a full list of arrestable offences and special chapters devoted to the effects of the European Convention on Human Rights on domestic law. Guidance is also offered on the assessment of compensation payable to victims of imprisonment.