False Imprisonment Flowchart

FALSE IMPRISONMENT

Must be total

Knowledge

Failure to Release

Legally Justified Detention

Bird v Jones [1845]

Being prevented from crossing a bridge was not "Total"

Knowledge is not required but damages may be nominal

Where there is no contractual/legal duty to release the claimant, failure to release is not false imprisonment

Arrest

"Infliction of bodily restraint which is not expressly or impliedly authorised by law"

Governor of Brockhill Prison ex Parte Evans [2000]

Custody

Meering v Graham White Aviation [1919]

Murray v Ministry of Defence [1988]

Herd v Weardale Steel Co [1915] (Miners)

If C enters premises subject

to a condition D is entitled to refuse to release him until condition is complied with.

Robinson v Balmain Ferry Co [1910]

ss24 & 24A Police and Criminal Evidence Act 1984

Must be told the true grounds for his arrest

Must be taken to a police officer within a reasonable time

Lewis v Timms [1952]

20-60 minutes was reasonable

Governor of Brockhill Prison ex Parte Evans [2000]

C served longer in custody than she should have.

Succeed in claim for false imprisonment

Will not be total if C has reasonable means of escape