Element 2: Was Imprisonmento Lawful?

Question 1

What is the burden

Answer 1

The burden of showing that the imprisonment was lawful is on the defendant

Question 2

Reasonable condition for release

Answer 2

It is controversial whether it is a defence at all… due to the consent argument. If a reasonable condition is imposed then it may be considered lawful.

Question 3

What makes a successful defence of reasonable condition for release?

Answer 3

1. The condition must be in place before imprisonment

2. The condition must be capable of objective verification

Question 4

Robinson v Balmain New Ferry

Answer 4

Privy Council said: there was a reasonable condition for release of C to pay the 1p. He knew he had to pay it before getting onto the pier, and the condition was capable of being verified objectively.

Question 5

What powers are there to restrain movement of freedom?

Answer 5

To imprison after conviction.

To imprison pre-trial.

PACE s 24/ s 24A

Common law power to arrest for the breach of the peace

Mental Health Act 1983

Power of Captain of Ship

Consent to being restrained