If you’re arrested the police must:
- identify themselves as the police
- tell you that you’re being arrested
- tell you what crime they think you’ve committed
- explain why it’s necessary to arrest you
- explain to you that you’re not free to leave
This question is prompted by the news of people being detained relating to the Queens death:
A churchgoer said he was arrested after shouting ‘who elected him’ at the proclamation of Charles III as the new king.
Mr Hill claimed that three security guards had approached him and tried to ‘move’ him away. He replied that he was ‘standing on the public highway’ and asked under what law they were trying to move him on.
After he was allegedly ‘pushed’ by the guards, he said two police officers approached them. He claimed the officers ‘grabbed’ him and took him to a police van. He was arrested, handcuffed and placed on the back seat of the van, he said.
“I asked on what basis they were arresting me. They seemed a bit unsure,” Mr Hill said.
It is worth noting that a later statement confirmed what the crime was, but it appears this information was not provided at the time
Thames Valley Police spokeswoman said that a 45-year-old man had been arrested on suspicion of committing an offence under section five of the Public Order Act, which prohibits ‘disorderly behaviour’.
We do not know the exact details of what happened, so given the hypothetical that one is grabbed, handcuffed and placed on the back seat of a van by people who appear to be police, but on inquiry no crime is named, what has happened to you legally? Are you free to go? Are you allowed to use force if that is required for you to leave? Have the police committed wrongful arrest and/or wrongful imprisonment?