Even if a Chief Constable is able to show that an arrest was lawful, there are subsequent provisions that have to be complied with to ensure that the continued detention is lawful. Such provisions are set out in part IV of the Police and Criminal Evidence Act 1984 as amended.
After a person has been arrested, it is the custody officer who must determine whether there is sufficient evidence to charge a person for the arrest which he was arrested.
If there is insufficient evidence to charge a person, the custody officer must release him and her on bail, unless the custody officer has reasonable grounds for believing the persons detention without charge is necessary to secure and preserve evidence relation to the offence or to obtain evidence through questioning.
If there is sufficient evidence against the person, he must be charged or released and any breach of part IV will mean that any subsequent detention was unlawful.
If you are interested in discussing a potential claim for false imprisonment please give us a call and one of our experts will be happy to talk you through the process.
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