False Imprisonment Flashcards
What is false imprisonment?
“An intentional total restriction of the claimant’s freedom of movement, without lawful excuse”.
What are some examples of false imprisonment?
- Being locked in room or a car
- Being handcuffed
- Being guarded by people
- Being forced to stay with a police officer without being lawfully detained
- Physically holding a person, such that they cannot leave
- Threatened to stay either with force or the legal process
Bird v Jones 1845 UK 🛣️
Facts: Person was stopped by police for going a certain direction on a public highway way, but was allowed to go any other way.
- The respondent must intend that of total restraint of the claimant
Majority: A claimant must experience total restraint for it to be false imprisonment
(minority) Lord Denman CJ: the man was “prevented from doing what I have right to do” and therefore it is false imprisonment
Whitchair v Attorney General 1996 🤜🏽
Facts: Plaintiff was arrested for assault, he was denied bail – this was based on domestic violence policy
- Failing to release someone when they are no longer lawfully detained is false imprisonment
R v Governor of Brockhill Prison 2001 House of Lords ⛓️
Facts: The respondent was entitled to a reduction in jail-time because of time already spent, but she was detained past her release date because the Governor miscounted the time.
- Intention to detain does NOT require malicious intention or fault
Meering v Grahame-White Aviation Co Ltd 1919 NZCA 🛡️
Facts: A man is accused of stealing from his boss, he was called into his boss’s office. People were stationed outside the door, from stopping him leaving – he did not know this at the time.
- The claimant does not need to be aware that they are subject to restraint
- A person could be asleep, a lunatic…
Murray v Ministry of Defence 1998 House of Lords UK 🇮🇪
Facts: 5 armed soldiers went to Margaret’s house at 7am to arrest her, they formally arrested her at 7:30. In those 30 minutes she didn’t know she was under arrest.
A claimant does NOT need to know of their restraint (BUT knowledge can be relevant to the damages)
R(on the application of Jalloh) v Secretary of State for the Home Department
2020 UK Supreme Court ⏰
Facts: An asylum seeker was given a set curfew at a particular address by the state – he breaches this set curfew – the restraints on him were not physical but an order, he was choosing to stay or go home.
- Barriers need not be only physical they can be an order, threat, or fear of consequences
Robinson v Balmain New Ferry Ltd 1910 Australia ⛴️
Facts: Claimant entered a gate, paying a penny. He changed his mind and wanted to go back, but he would be force to pay a penny again to exit. He said that he hadn’t seen the signs setting out these terms and conditions.
- Claimant entered a contract for a ferry and changer his mind, but compliance with reasonable terms of contract is not imprisonment
Herd v Weardale Steele 1915 House of Lords 🪨
Facts: Coal mine hundreds of feet down, the workers once down said that it was unsafe/dangerous. The only way up was via the elevator, for 20 minutes the boss refused to lift them up via the elevator.
- “To a willing person no injury is done” – they had consented to going into the coal mine but broke the contract by not working
