See Marston, “Remedies for Wrongful Process”, Law So. Gaz. 17/11/82. For procedural guidance on habeas corpus, see Gifford and O'Connor, “Habeas Corpus”, LAG Bul. Aug. 1982, p. 182.
2.
Section 29.
3.
See Khan, “Helping Police with Inquiries” (1978) Sol. J.
4.
For the recommendations of the Royal Commission on Criminal Procedure, see their Report (Cmnd. 8092/1981), paras. 3.97 et seq.
5.
After 24 hours' detention, at least a Superintendent has to authorize continued detention up to 36 hours. After that a warrant of continued detention (up to another 36 hours) has to be obtained from a magistrates' court (consisting of two or more justices of the peace sitting otherwise than in open court). This can be extended by a magistrates' court, but the total period of detention cannot be more than 96 hours (see part IV of the Act).
6.
See, e.g., Mee v. Cruickshank (1902) 86 L.T. 708. But arresting a suspect on the belief that confession is more likely at the police station is within a police constable's discretion, according to the House of Lords in Holgate-Mohammed v. Duke [1984] I All E.R. 1054.
7.
To which the U.K. government is a signatory (Cmnd. 8969).
8.
Art. 5, para. 5.
9.
Ibid.
10.
Exemplary damages can also be awarded in appropriate circumstances, e.g. the motive and conduct of the police officer (Rookes v. Barnard [1964] A.C. 1129), or for oppressive, arbitrary or unconstitutional action by a constable (Cassell & Co. Ltd. v. Broome [1972] A.C. 1027).
11.
See McLoughlin v. O'Brien [1982] 2 W.L.R. 982; Brice v. Brown [1984] 1 All E.R. 997; Khan, “Liability for Nervous Shock by Negligence” (1983), Anglo-American Law Review, Vol. 12, No. 4, p. 263.
12.
For definition see s. 24 of the Police and Criminal Evidence Act 1984. Previously, see s. 2 of the Criminal Law Act 1967. According to Professor Williams, the term “arrestable offence” is “inelegantly termed”.
13.
Section 24(6).
14.
Section 24(7).
15.
Section 25.
16.
(1981), C.L.Y. 691.
17.
See [1982] Crim. L.R. 600; see also, Wershof v. Metropolitan Police Commissioner [1978] 3 All E.R. 540: A young solicitor awarded £1,000 for one hour's false imprisonment.
18.
The Times (1982) April 24.
19.
[1980] Crim. L. R. 441.
20.
The Times (1984) March 24.
21.
(1983) C.L.Y. 973.
22.
It was said in R. v. Prince [1981] Crim. L.R. 638, that reasonable suspicion in this context does not include a “hunch” on the part of a police officer.
23.
(1982) C.L. 899; see Gifford, L.A.G. Bul. July 1983.
24.
[1984] 1 C.L. 92.
25.
Under s. 67(11) of the 1984 Act, a code of practice issued by the Home Secretary is admissible in evidence. Thus, breach of the code, e.g. on arrest, detention, treatment, questioning, would result in (increased) damages. See Zander, Cases and Materials on the English Legal System, 1984.
26.
See Khan, “Vicarious Liability for Police Wrongs” (1977), Police Journal, Vol. LI, No. 3, July/September, p. 246.
