False Imprisonment

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Jordan, 2001 - Law - 353 pages
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False Imprisonment is an up-to-date and comprehensive analysis of all therelevant law. It provides an exhaustive summary of the statute, reportedand unreported case-law and the remedies available. Also examined are thepracticalities of bringing a civil action against the police, officers ofHM Customs and Excise or other authorities.In recent years the police (urged on by Home Office circulars) and otherauthorities have become ever more ready to exercise their powers to detainsuspected offenders. These powers are subject to strict rules andrestrictions and failure to comply with the correct procedure will usuallyentitle the detainee to make a civil claim for damages. The Human RightsAct 1998 allows victims of arrest or detention in contravention of Article5 (Right to Liberty) an enforceable right to compensation and may lead toa sharp increase in those seeking redress for alleged abuse of powers.Against this background False Imprisonment seeks to provide answers tosuch questions as:What constitutes an arrest?What are arrestable offences?When can the power of arrest without a warrant be exercised?When does custody by the police cease to be lawful and become tortiousbecause of its unreasonable duration?When can a citizen lawfully make an arrest?What damages can be claimed and what amounts can be recovered under thevarious categories of harm?False Imprisonment includes a full account of the powers of police andothers to make summary arrests, a full list of arrestable offences andspecial chapters devoted to the effects of the European Convention onHuman Rights on domestic law. Guidance is also offered on the assessmentof compensation payable to victims of imprisonment.

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