Archer v Comr of Police of the Metropolis

Subject Matter

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 “in his own interests” — Whether statutory power to detain juvenile “in his own interests” compatible with Convention rights — Police and Criminal Evidence Act 1984 (c 60), s 38(1)(b)(ii) — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5

[2020] EWHC 1567 (QB); [2020] 1 WLR 3164; [2020] 2 Cr App R 23; [2020] WLR (D) 348, QBD

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

[2021] EWCA Civ 1662; [2022] QB 401; [2022] 2 WLR 528; [2022] 3 All ER 271; [2022] 1 Cr App R 14; [2021] WLR(D) 584, CA

Appellate History

Commentary

UK Human Rights Blog
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