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September 17th 2021

Civil Liberties

Police failure to record earlier home visit catalyst behind 4am wrongful arrest

Adam Biglin

Adam Biglin

Solicitor, Civil Liberties

Police failure to record earlier home visit catalyst behind 4am wrongful arrest

After police failed to log and record a man’s agreement to visit the station for a voluntary interview, they returned and wrongfully arrested and detained him in the early hours of the morning.

After police failed to log and record a man’s agreement to visit the station for a voluntary interview, they returned and wrongfully arrested and detained him in the early hours of the morning.

Attending our client’s home after a late night at work at around 1am, the possibility of visiting the station for a voluntary interview later that day was discussed.

Our client agreed and the officers left soon after.

A blatant failure for officers to record the agreement that was put in place with our client and to update the police system led to our client being disturbed some three hours later at around 4:40am when further police returned to his home address and arrested him there and then.

Our client was immediately taken to the station, however the custody sergeant refused to book him as a voluntary interview had already been arranged, something our client continued to stress.

He was taken back home soon after.

‘Lessons Learned’

Solicitor Adam Biglin believes in the importance of people being held accountable for their actions, and represented our client on this case:

“Matters like these are wholly unnecessary and completely avoidable. Once a voluntary interview has been arranged, this should be logged immediately on the Police system which would mean there would be little chance a situation like this happening.

“Being arrested when there is no reason to be, certainly was not a pleasant experience for our client, especially when the arrest stems from an error from those arresting you.

“Whilst officers were rightfully checking up on a complaint against our client, he was made aware that officers had attended his property 3 times that day whilst he was working, something a friend informed them of.

“Once back home and able to talk, he was happy to agree to the voluntary interview. It was quite the shock when officers returned in the early hours of the morning, arrested him and took him to the station.

“I was pleased that we were able to help our client in this wrongful arrest case and we hope that those involved will learn lessons to avoid members of the public being subjected to such unnecessary and unpleasant experiences in the future.”

The legal proceedings saw police admit liability after the officer who arranged the voluntary interview failed to update the Police system. This led to further officers carrying out the arrest in the early hours of the morning – only a few hours after the voluntary interview had been agreed.

Hudgell Solicitors specialist Civil Liberties team were able to secure damages in recompense.

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