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POLICE - FALSE IMPRISONMENT – ARREST WITHOUT WARRANT – REASONABLE SUSPICION THAT OFFENCE WOULD BE COMMITTED IF CLAIMANT RELEASED – TEST TO BE APPLIED TO ASCERTAIN LEGALITY OF CONTINUED DETENTION
Notes
This case establishes that once you have been arrested for breach of the peace, the custody sergeant must release you unless he reasonably believes, given all the circumstances, that you will commit a further breach of the peace shortly following release. There must be a "real apprehension" that the breach of the peace will be renewed upon release. The case also establishes that the PACE codes of practice may be applied by the police to prisoners arrested for breach of the peace.
This case is useful for activists who have been arrested for breach of the peace and subsequently told that they will charged with common law breach of the peace and will be held overnight to be brought before magistrates at the next available court. Once a decision has been made to charge with common law breach of the peace, it is usual for the police to hold the prisoner until the next avaialable court. McGrogan is authority for saying that this is unlawful if the police do not reasonably suspect a renewed breach of the peace shortly after your release.
So for example, at 2pm on a Friday you are arrested for breach of the peace for occupying a bank's premises and refusing to leave. At 6pm the police decide they are going to charge you with common law breach of the peace and hold you until the following Monday. It is unlikely that this would be unlawful unless they can show that you would be likely to cause a further breach of the peace shortly after your release.
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