Wrongful Arrest at an Airport

Delays and disruptions to many people’s summer holiday plans have been in the news recently as climate change, post-Brexit borders, and the post-Covid travel industry’s problems combine to create backlogs, queues and cancellations at airports, railway stations and ferry terminals.

A far worse experience than lost luggage or hours of waiting afflicted my client Tom Smith, however, when he was subjected to an unlawful arrest at Manchester Airport earlier this year.

One evening in April 2022, Tom flew into Manchester Airport from Amsterdam after a short break with a group of friends.

Having passed through passport control, Tom was approached by several police officers, who advised he was under arrest and handcuffed his hands behind his back.  Tom complained that the handcuffs were too tight but was ignored.

Humiliatingly, the arrest took place in front of Tom’s friends, and one of the officers took it upon himself to inform Tom’s friends that Tom was being arrested for failing to surrender at court.

Tom was then led through the airport.  Adding to his distress, a number of fellow passengers recorded his arrest and escort through the airport on their phones; he couldn’t believe what was happening to him and was very conscious that everyone witnessing this – both strangers and his friends – must be thinking “There’s no smoke without fire”.  He was worried that his face would be all over social media, having been made subject to such a public ‘parade of shame’. Tom was then transported to Cheadle Hulme Police Station. 

Tom had never previously been arrested and was shocked and frightened by events. He had recently received a fine for speeding and could only think that his arrest must relate to that.

At Cheadle Hulme Police Station, Tom established that he had been arrested in respect of an outstanding warrant for failing to attend Tameside Magistrates’ Court earlier that month.  Tom sought to explain that this must be a mistake, but to no avail.

Tom was processed and searched and then advised he would be detained overnight and produced before the court the next day.

After several hours in custody, Tom was taken for fingerprints whereupon it was established that there had indeed been a mistake; the custody record contains the following entry at 4.18 a.m-

DP [Detained Person] has now been printed and is no trace on the fingerprint system. It appears the wrong male has been arrested. To be released asap. Mancro will be informed to re-circulate the wanted male.

Eventually, in the early hours of the morning, Tom was released from custody having been held against his will for nearly 5 traumatic hours.

Tom found his experience in custody extremely distressing. I am now in the processing of commissioning medical evidence to assess the full extent of the psychiatric impact this incident has had upon him; there is no doubt however that it has caused Tom great anxiety and embarrassment in both his personal and professional lives: his relationship with his girlfriend was strained, and he felt very stressed about having to tell his boss that he had been arrested- albeit quite incorrectly. I will be seeking a significant compensation award from Greater Manchester Police for what appears to have been a gross error on their part, mixing up Tom’s data/ identity with that of the ‘real’ wanted man.

This is far from being the first “mistaken identity” arrest at an airport in which I have been instructed – despite the deeply ironic fact that airports are the one location where people habitually carry their passports and thus where their real identity is very easy to ascertain. If you or anyone you know has suffered in a similar fashion, please contact me for advice and expert representation.

My client’s name has been changed.

Update

I am pleased to confirm that, after the institution of Court proceedings, Greater Manchester Police agreed an out-of-court settlement of £10,000 together with Tom’s legal fees.