The Law Reports (Queen's Bench Division)
[2022] QB 401
Court of Appeal
Archer
v
Commissioner of Police of the Metropolis
[2021] EWCA Civ 1662
2021 May 11, 12; Nov 12
Dame Victoria Sharp P, Holroyde, Carr LJJ
Police— Powers— Persons in custody— Minor arrested and charged with offences in connection with gang fight— Minor refused police bail and detained overnight on ground detention necessary to protect him from gang— Whether statutory power to detain minor “for his own protection” or “in his own interests” compatible with Convention right to liberty— Whether detention of minor in breach of such right—
Police and Criminal Evidence Act 1984 (c 60), s 38(1)
—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5