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Unlawful Arrests

Question

  1. In the last five financial years, how many persons have reported being unlawfully arrested by your force? (i.e they have made an allegation against your force relating to unlawful arrest).   
  2. In the last five financial years, how many people have been found to have been unlawfully arrested? (i.e their case was proven). Please provide the reason why the arrest was unlawful. For example: Mistaken identity, etc. 

For both (1) and (2) – please provide the figures relating to the year in which the unlawful arrests were reported.

Answer

1. The following numbers of individuals have made allegations of

“unlawful/unnecessary arrest” as defined by IPCC Complaint Allegation recording

type E. The numbers stated by Financial Year are:

 

2011/2012     69

2012/2013     70

2013/2014     90

2014/2015     77

2015/2016     66


 

2. For the last five financial years for the following numbers of allegations of

“unlawful/unnecessary arrest” the officers involved were found to “have a case to

answer”. They were:

 

2011/2012     5

2012/2013     7

2013/2014     3

2014/2015     6

2015/2016     5

 

The table below gives the reasons identified for “unlawful/unnecessary arrest” being found to “have a case to answer”.

 

Financial Year

Reason

2011/12

Officer failed to demonstrate satisfaction of the Necessity Test for arrest

2011/12

Suspect not informed of reason for arrest at time of arrest

2011/12

Arrest not in accordance with the appropriate legislation.

2011/12

Mistaken identity

2011/12

Officer failed to demonstrate satisfaction of the Necessity Test for arrest

 

 

2012/13

Officer failed to demonstrate satisfaction of the Necessity Test for arrest

2012/13

Arrest made after an unlawful search for drugs

2012/13

Officer failed to demonstrate satisfaction of the Necessity Test for arrest

2012/13

Lack of clarity for reason for arrest in Police Officers statement

2012/13

Officer failed to demonstrate satisfaction of the Necessity Test for arrest

2012/13

Officer failed to demonstrate satisfaction of the Necessity Test for arrest

2012/13

Officer failed to demonstrate satisfaction of the Necessity Test for arrest

 

 

2013/14

Exceeding the powers available to a PCSO

2013/14

Officer failed to demonstrate satisfaction of the Necessity Test for arrest

2013/14

Police Officer did not comply with Code G Pace Act 1984 by failing to explain and record the necessity of the arrest

 

 

2014/15

Officer failed to demonstrate satisfaction of the Necessity Test for arrest

2014/15

Officer used the wrong powers to detain a person under Mental Health legislation

2014/15

Officer failed to demonstrate satisfaction of the Necessity Test for arrest

2014/15

Mistaken identity

2014/15

Technical breach of use of Section 136 of the Mental Health Act

2014/15

Failure to cancel a warrant for arrest that had already been exercised

 

 

2015/16

Insufficient evidence of an offence being committed

2015/16

Detention under the provisions of the Mental Health Act 1983 unlawful because subject was not in a public place.

2015/16

Officers had ceased to be legally on the premises therefore the subsequent arrests for non-indictable offences were unlawful

2015/16

Detention without reasonable grounds for arrest

2015/16

There was not a ‘real and present threat’ to justify arrest.

 FOI Ref: 656/16

Date of Request: 27.04.16