R (Hicks) v Comr of Police of the Metropolis

Subject Matter

HUMAN RIGHTS — Liberty — Deprivation of — Police arresting and detaining claimants prior to and during Royal Wedding in order to prevent breaches of peace — Claimants subsequently released without being brought before magistrates’ court — Whether arrest in breach of right to liberty if not made with intention of bringing person before competent legal authority — Whether necessary that person be brought before competent legal authority — Whether breach of claimants’ right to liberty — Human Rights Act 1998, Sch 1, Pt I, art 5.1(c)

[2014] EWCA Civ 3; [2014] 1 WLR 2152; [2014] 2 Cr App R 45; [2014] WLR (D) 30, CA

HUMAN RIGHTS — Liberty — Deprivation of — Claimants detained by police for duration of Royal Wedding in order to prevent breaches of peace— Claimants released without having been brought before magistrates’ court— Police contending each claimant’s detention lawful as “necessary to prevent his committing an offence”— Whether person’s detention also required to have been “effected for the purpose of bringing him before the competent legal authority” where not reasonably practicable to bring him before court before release— Whether breach of claimants’ right to liberty— Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5.1(b)(c)

[2017] UKSC 9; [2017] AC 256; [2017] 2 WLR 824; [2018] 1 All ER 374; [2017] WLR (D) 101; Case details, SC(E)

Appellate History

Commentary

Blackstones Criminal Practice 2025
Interpretation of Legislation - Relevance of Strasbourg Jurisprudence A7.14

Arrest and Pre-trial Detention - Arrest A7.33

Arrest without Warrant - Arrest for Breach of the Peace D1.33

Blackstones Civil Practice 2023
Main Provisions of the Human Rights Act 1998 - Sources of European human rights law 91.2