Roberts v Chief Constable of Cheshire Constabulary [1999]

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  • Created by: channyx
  • Created on: 20-03-20 20:55

R was arrested on suspicion of conspiracy to burgle at 10.50 pm on July 30, 1992 and taken to a police station where his detention was authorised at 11.25 pm. At 1 am on July 31 he was transferred to another police station where at 1.45 am his continued detention was authorised. At 7.45 am a police inspector reviewed R's detention and authorised his further detention.

R's case was again reviewed at 5.20 pm and at 6.55 pm he was released without charge. R subsequently brought an action against the Chief Constable, claiming damages for false imprisonment. The judge found in R's favour on the basis that the police had failed to comply with the Police and Criminal Evidence Act 1984 s.34(1) and s.40, which required that they carry out a review of the detention…

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