Can the Police Detain Without Arrest?
Issue
The issue concerns whether a police officer may lawfully detain a person without formally arresting them.
Rule
Under the law, a police officer enjoys no greater power than an ordinary citizen to restrain another, save where acting under a lawful authority such as arrest. Unlawful detention, whether effected through physical restraint, obstruction, or the implied threat of coercion, constitutes false imprisonment, a civil wrong for which a person may bring a claim in damages.
The statutory framework governing police powers, including arrest, is set out in the Police and Criminal Evidence Act 1984 (PACE). Section 28 PACE provides that an arrest is only lawful if the person is informed of the reason for their detention at the time or as soon as practicable thereafter. Without an arrest or a recognised exception, any act that deprives a person of their liberty is unlawful.
The common law has consistently reinforced these principles. In Collins v Wilcock [1984] 1 WLR 1172, a police officer took hold of a woman’s arm to question her without intending to arrest her. She resisted and was subsequently convicted of assaulting an officer in the execution of his duty. The Court of Appeal overturned the conviction, holding that, unless exercising a power of arrest, a police officer has no greater right than any ordinary citizen to detain another person. Any physical restraint beyond what is generally accepted in social interactions constitutes assault and battery.
A similar conclusion was reached in Walker v Commissioner of Police of the Metropolis [2014] EWCA Civ 897, where a police officer prevented Mr Walker from leaving a doorway to question him. Although there was no physical contact, the Court of Appeal held that this restriction amounted to false imprisonment, thereby confirming that mere obstructing an individual’s movement can constitute unlawful detention. Likewise, in Wood v DPP [2008] EWHC 1056 (Admin), an officer took hold of a person’s arm to assess whether he should be arrested. The court ruled that such an act was unlawful, reinforcing the principle that a police officer cannot “hold” a person while deciding whether to exercise the power of arrest.
While the law is generally clear that police officers cannot detain individuals without arrest, three recognised exceptions exist. The first arises when a police officer exercises the statutory power of stop and search, permitting a temporary deprivation of liberty to search for items such as weapons, drugs, or stolen property. The second exception applies where it is necessary to prevent an imminent breach of the peace. In Albert Lavin v Chief Constable of Derbyshire [1982] AC 546, the House of Lords confirmed that any citizen, including a police officer, may take reasonable steps to prevent a breach of the peace, which, in appropriate cases, may include temporary restraint. The third exception arises when officers are conducting a lawful search of premises. In such circumstances, police may, to a limited extent, detain the occupants to prevent interference with the investigation.
Application
Applying these principles, a police officer cannot lawfully detain a person merely to conduct inquiries or to determine whether an arrest is necessary. In Walker, blocking an individual’s exit was held to constitute false imprisonment despite the absence of physical contact. Collins confirms that any restraint, however minor, amounts to assault and battery where no lawful authority to detain exists. Wood establishes that an officer may not detain a person while deliberating on whether to arrest. These authorities, taken together, make it clear that a police officer cannot lawfully prevent an individual from leaving, hold them in place, or imply that they are not free to go unless a lawful power to detain is being exercised.
The legal position is, therefore, beyond doubt. Unless an officer is arresting an individual, exercising stop-and-search powers, preventing an imminent breach of the peace, or lawfully detaining an occupant during the search of premises, any form of detention is unlawful. If a person is physically restrained without arrest, they may bring a claim for assault and battery. They may claim false imprisonment if their movement is restricted by obstruction or threat.
The law does not permit an officer to place an individual in a state of legal limbo while deciding whether to arrest. A police officer may not, in effect, “pause” a person’s liberty as though they were a character in a video game, awaiting the officer’s next move.
Conclusion
The law is unambiguous. Outside of lawful arrest or a recognised exception, a police officer has no power to detain an individual. Whether by physical restraint, blocking movement, or issuing an order that implies detention, such conduct constitutes false imprisonment and is actionable in law.
Legal Disclaimer: This article provides general information and does not constitute formal legal advice. The author is not liable for how this information is used. Always seek professional legal advice for specific situations.
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