Hough v Chief Constable of Staffordshire Police

[Pete Chown]

Clive D. W. Feather wrote:

> If policeman A got his belief because policeman B lied (either in person 
> or via a computer database), then there is a cause of action against 
> policeman B, but not for false arrest, and not against A for anything. 
> Such causes of action might be negligence, conspiracy to pervert to 
> course of justice, or breach of the Data Protection Act.

Negligence would probably be the one, I would think.

I was wondering if there was an argument that the police force
collectively was guilty of false arrest even though no individual
officer was.  Vicarious liability would work that way for a company,
but I think with the police the situation is different.  The arresting
officer has always had liability, and by statute the force is now
jointly liable.  But I think the force's liability only arises when an
individual officer is liable as well.

Arrest without reasonable suspicion is a breach of the ECHR.  It is an
interesting situation because the ECHR doesn't specify what happens if
the arresting officer has reasonable suspicions but they were created
by the negligence or malice of a third party.  If you get past that
hurdle, you have a breach of Article 13, the right to an effective
remedy.  But that was one of the bits which was never incorporated
into UK law.  Very messy...

-- 
Pete