C1 False Imprisonment

Question 1

Definition

Answer 1

D intentionally or recklessly and unlawfully restricts C’s freedom of movement totally

Question 2

Intentional or reckless

Answer 2

• Trespass to the person
• Intention to imprison not to necessarily to falsely imprison (good faith doesn’t matter)

R v Governor of Brockhill Prison, ex p Evans (No 2) (2001)

• Prison governor calculated release date relying on guidance in case law
• CoA corrected guidance so calculation was wrong and prisoner should have been released earlier
• Claim for false imprisonment successful ‘strict liability’
• Mistake in good faith irrelevant

Question 3

Imprisonment

Answer 3

• Tagging and curfew can be false imprisonment (R (Gedi) v Secretary of State for the Home Department (2015) and R (Jollah) v Secretary of State for the Home Department (2018))
• Restriction must be total
• Doesn’t mean C can’t move at all – means C is restricted to an area delimited by D
• The larger the area the less likely C to be deemed imprisoned

Bird v Jones (1845)

• D had cordoned off public footpath by Hammersmith Bridge to erect an enclosure for paying guests to watch boat races
• C wished to pass footpath
• Not false imprisonment – had freedom of movement to go anywhere else
• Escape must not involve unreasonable risks though
• Wright v Wilson (1699) reasonable means of escape even if it involves trespass to land
• Positioning yourself in front of doorway is false imprisonment (Walker v Commissioner of Police of the Metropolis (2014))
• Threaten violence if C leaves – false imprisonment and assault (Collins v Wilcock (1984))
• D might ensure that someone stays in room by asserting authority (Harnett v Bond (1925))
• Where C accedes to a show of authority that does not necessarily mean that they consent to being detained (Warner v Riddiford (1858))
• Still false imprisonment if C doesn’t know at the time (Murray v Ministry of Defense (1988))

Question 4

Unlawful imprisonment

Answer 4

Herd v Weardale Steel, Coal and Coke Co Ltd (1915) Coal miner wanted to be taken to surface earlier than contract provided for, not false imprisonment for refusing him

Question 5

Lawful arrest

Answer 5

• Police may arrest under warrant issued by magistrate or without warrant pursuant to Police and Criminal Evidence Act 1984 anyone who is about to commit, is committing or has committed an offense or is so suspected on reasonable grounds
• Citizen’s arrest for indictable offenses only
• Unsanitary conditions do not constitute false imprisonment (R v Deputy Governor of Parkhurst Prison, ex p. Hague (1992))
• Master of a ship (Hook v Cunard Steamship Co Ltd (1953)) or pilot of a plane (Civil Aviation Act 1982, s 94) can detain people on reasonable grounds