Menu:

Consent.

This is available when the claimant gives consent. Examples include going down a mineshaft as in Herd v Weardale (Source Case), or when a lawyer goes in a locked cell for a private consultation with a client.

Lawful arrest.

The Criminal Law Act 1967 s3 provides no trespass to the person is commited when reasonable force is used to arrest a person/prevent a crime/assist in the lawful arrest of an escaped prisoner. If a person is mistakenly arrested by the police, and the police have acted reasonably in the circumstances, this defence of 'mistaken arrest' may be used. The Police and Criminal Evidence Act 1984 (PACE) sets outpolice powers for arrest and detention, if breached the arrest is unlawful. Imprisonment sentences pased by court also provide a complete defence to a claim of false imprisonment, even if the arrest was unlawful.

Treadaway v Cheif Constable of West Midlands - Medical evidence support the claimants story that police placed a bag over his head whilst interviewing him.

Hsu v Commisioner of the MET - A hairdresser refused to let police with a warrant enter his house. Police punched, kicked and verbally assaulted him.

In a citizens arrest, the detainee must be transported to the police in a reasonable amount of time.

Tims v John Lewis - An employee of a store locked up a shoplifter for an unreasonable length of time.

Mental Patients.

The Mental Health Act 1983 allows appropriate authorities to take a patient to a mental hospital, even if they do not consent. This issubject to strict conditons and certification ofthe patients conditions.

Parental restraint.

As mentioned previously parents can chastise and restrain their children. This can involve shutting them in their bedroom.