Lissy Verrall-Withers successfully defends Northamptonshire Police in false imprisonment claim

Lissy Verrall-Withers (instructed by East Midlands Police Legal Services) represented the Chief Constable of Northamptonshire Police in a three-day civil jury trial. The Claimant brought claims for false imprisonment and assault/battery arising from an arrest on 31^st March 2021.

The Claimant was arrested following a report of an assault. The complainant had told police that his attackers were a named individual and “his brother”. The Claimant was the named individual’s brother. Items related to the offence (including the victim’s bank card, an incapacitant spray, and cash) were located in the Claimant’s property. The Claimant was arrested and released under investigation following the verification of his alibi. No further action was taken against him.

The Claimant challenged the lawfulness of his arrest and detention. The jury heard evidence from the Claimant, the arresting officer, and the custody sergeant who authorised detention. The evidence explored the initial investigation and the appropriateness of alternatives to arrest (such as a voluntary interview). At the conclusion of evidence, the jury returned a unanimous verdict in the Chief Constable’s favour – the arresting officer had honestly suspected the Claimant had committed the offences and honestly believed it was necessary to arrest him. 

Following the jury’s decision, HHJ Hedley heard legal submissions on whether such beliefs were reasonable.  HHJ Hedley held that the facts, as known to the arresting officer, quite plainly amounted to reasonable suspicion and that it was necessary to arrest the Claimant. HHJ Hedley was satisfied that the arresting officer exercised independent judgement and, looking at the reality of situation as it was, reached the reasonable view that the arrest was necessary. The claims were dismissed in their entirety.

The Chief Constable was awarded 90% of his costs, and the Court made an order for an interim payment on account of costs. 

Lissy accepts instructions in all of Chambers’ core practice areas, including in police law, inquests and inquiries, and public and administrative law.