Mistaken Identity Arrest

This week’s blog post – at the height of what is traditionally known as the ‘silly season’ of high Summer – contains a very silly, but sadly also very true story of a mistaken identity arrest.

My client Alan works in a pub in Cheshire.  In December of last year, he was approached at work by two officers from Cheshire Constabulary.

The officers asked my client if his name was “Alan” and if he knew “Nicola”, to which Alan innocently answered affirmatively.  He did indeed know a former work colleague by the name of Nicola. 

To Alan’s shock, the officers then arrested him on suspicion of harassment, criminal damage, and threats of violence.

Alan was led from his place of work under arrest and searched before being placed into a police car and taken to a nearby custody suite.

It was only on Alan’s arrival at the station that the officers finally asked what his surname was (which he confirmed as Simpson).  The officers then queried whether he had been in a relationship with ‘Nicola’.  Alan explained that he had not; he was married and the Nicola he had referred to was just his former colleague.

It then emerged that the correct suspect was an Alan Brown, who also worked at the same pub as my client but who had not been present at the time of the police visit.

In view of these circumstances, the Custody Sergeant correctly refused to authorise Alan’s detention and he was allowed to return home.

Although Alan’s detention had lasted for less than an hour, the emotional and psychological consequences upon him were much longer lasting. The arrest had taken place in front of Alan’s work colleagues and Alan, who had no previous experience of arrest or detention, was significantly embarrassed, humiliated, and distressed.

To add insult to injury, following Alan’s arrest, one of his colleagues at the pub had called his wife – who at the time was pregnant – to inform her of his arrest and learning of Alan’s arrest in such circumstances naturally caused his wife extreme distress.

I am pleased to confirm that Cheshire Constabulary have promptly admitted liability for Alan’s wrongful arrest, and I am now in the process of seeking on Alan’s behalf:

• substantial damages
• a formal apology
• the destruction of the records created about his arrest.

Whilst it may beggar belief that officers would arrest a person – especially in a non-emergency situation – on the basis of first name identification only (and that name being one of the most common British male names), that is what happened.  Remember also, that this was not a residential address the officers were visiting but a place of business where naturally numerous people, potentially several sharing the same name, could expect to be found.

It was, frankly, blindingly obvious that the officers should have checked the surname of the man they were arresting, but they failed to do so and consequently wasted a significant amount of public money and police time.

The Chief Constable of Cheshire himself also has a very common first name, and we can only trust that he will not be accidentally arrested the next time his zealous Officers are looking for a “Mark” …

My client’s name has been changed (but only from one very common male first name to another).