Taylor v Metropolitan Police Commissioner

JUDGMENT

Mr Justice Nicklin

1. The claimant, Ms Taylor, brings this claim for wrongful arrest, false imprisonment, and assault against the defendant, the Commissioner of Police of the Metropolis.

2. On 15 September 2023, Ms Taylor participated in a peaceful protest outside Parliament regarding climate change. She was arrested by PC Jones for the offence of obstructing the highway contrary to section 137 of the Highways Act 1980.

The Arrest

3. The evidence shows that Ms Taylor was standing on the pavement holding a placard. She was not blocking the highway or impeding pedestrian traffic. The CCTV footage, which I have viewed, confirms this.

4. PC Jones stated in evidence that he arrested Ms Taylor because she was part of a group of protesters and he believed the group as a whole was causing an obstruction. However, he accepted in cross-examination that Ms Taylor individually was not causing any obstruction.

Legal Analysis

5. For an arrest without warrant to be lawful under section 24 of the Police and Criminal Evidence Act 1984, the constable must have reasonable grounds to suspect that the person has committed, is committing, or is about to commit an offence.

6. The suspicion must relate to the individual arrested, not to a group of which the individual is a member. The arresting officer must be able to identify specific grounds for suspecting that the particular individual has committed an offence.

7. In this case, PC Jones did not have reasonable grounds to suspect that Ms Taylor was obstructing the highway. The arrest was therefore unlawful.

Conclusion

8. The claimant succeeds. She was wrongfully arrested and falsely imprisoned for approximately 6 hours. I award damages of £15,000 for false imprisonment, £5,000 for the assault involved in the arrest, and £10,000 in aggravated damages.