Planes, Trains, and Wrongful Arrests (Part 2)

This blog post tells the story of “Sam White” (a pseudonym), a businessman who was wrongfully arrested at St Pancras International after police relied on a Police National Computer alert matching only his name to that of a wanted suspect. Despite carrying a passport that clearly confirmed a different date of birth and identity, Sam was publicly arrested, detained for around 18 hours, and subjected to fingerprinting, DNA sampling and an overnight stay in custody before officers finally accepted they had the wrong person. The case highlights the dangers of over-reliance on incomplete data matching and argues that police must exercise greater scrutiny and common sense, particularly at international travel hubs where biometric passports provide reliable identity verification. Following legal action, Sam received an apology, deletion of his biometric data, substantial damages and recovery of his legal costs.

Content Authenticity Statement

100% of this week’s blog post was generated by me, the human.

Wrongful Arrests Caused by Police Data Errors 

This is the second of two posts intended, as we enter the ‘holiday season’ to shed light on the recurrent problem of people innocently engaging in international travel being mistaken for wanted criminals – in a data rich but often common-sense poor environment. 

Wrongfully Arrested at St Pancras Before Boarding the Eurostar – Sam’s Story

 In this case, my client was Sam White, a middle-aged businessman of good character.

 In May 2024, PC Bright of the Metropolitan Police submitted a “Wanted Suspect Circulation Form” onto the Police National Computer system (PNC).  It was recorded that the suspect had “Made threats to kill his brother whilst holding a knife”, contrary to Section 16 of the Offences Against The Person Act 1861. Although the suspect was also called Sam White, my client had a different date of birth and address, and was in no way connected with this other individual.

 A week later, my client arrived at St Pancreas International Station, intending to catch the Eurostar train to Paris for a business meeting; he went through the inspection gate, bag security check and passport check-in desk without incident, and made his way onto the busy departure concourse. However, there he was approached by PC Fletcher of the British Transport Police and asked to confirm his name, date of birth and address, which he duly did.

Public Arrest, Overnight Detention and the Human Cost of Police Error

 PC Fletcher then informed Sam that he was under arrest for “threats to kill”.  This came as such a shock to Sam that initially he thought it was some kind of prank.  However, reality tragically dawned, as Sam was escorted to the side of the concourse and PC Fletcher and his colleagues began to search his person and belongings in full view of Eurostar staff, Passport Control officers and members of the public.

Sam was told that his passport had triggered an “arrest flag”.  He was told he was going to be taken to a Police Custody unit, and after a short delay was transported to Islington Police Station, where he was handed over to the Metropolitan Police. 

Brought before the Custody Sergeant, Sam again provided his name, address and date of birth. 

 Sam explained that there had been some kind of gross mistake, but his representations were ignored.  In a very difficult situation, Sam chose not to contact his wife for fear of causing her unnecessary distress, hoping that things would surely be cleared up quickly. 

 Regrettably, they were not. Sam was forced to jump through all of the ‘criminal suspect’ hoops – having his fingerprints and ‘mug shot’ taken, as well as a DNA swab – the medical procedure which marks you out as a Police prisoner and is much more psychologically invasive than it is physically.

 Sam was then taken to a cell where he spent a sleepless night, hearing distressing noises from other cells and wondering how he could possibly be in this predicament. Sam felt that he now had no choice but to ask to speak to the duty solicitor and to call his wife to let her know where he was; however the custody staff expressed concern about Sam being allowed to call his wife given that – according to their records  – the suspect’s wife appeared to be the person who had reported the crime to the Police.  When Sam was finally allowed to speak to his wife, she was naturally devastated to learn what had happened to him.

An 18-Hour Detention Despite Clear Evidence of Mistaken Identity

At approximately 11am, some 18 hours after his arrest at the train station, Sam was finally taken for formal interview – during which time it quickly became apparent that he was not, of course, the suspect having a different date of birth and different home address (and, indeed, different middle name), and no knowledge of or connection with the alleged offence.

 Police Sergeant Berkley then made the following entry in the custody record –

 “OIC [Office in Case] has interviewed the DP [Detained Person] and its suspected but cannot be ruled out at this stage that the DP is not the SUS[PECT] circulated due to a discrepancy with the DOB. I have instructed the OIC to…get a photo of the SUS and rule this out as the DP ‘s DOB does not correlate with that of the circulated male and any other enquiries to eliminate DP I have asked for this to be done ASAP and a decision made and if so for the DP to be released without further delay”.

 Approximately an hour after his interview Sam was released and told that no further action would be taken against him; he was finally free to return to St Pancreas and catch the next train to Paris – during which journey he had to contemplate how he was going to explain to his business partners/ work colleagues what had happened to him.  

 As PS Berkley noted in a further entry in the custody record later that day –  “OIC on instruction made quick enquiries and P233886 established this was not the SUS.  DP was released at 11.59 based on the clarification from DC…which could have been conducted a lot sooner”.

Why a Biometric Passport Should Have Prevented the Wrongful Arrest

 This was something of an understatement, to say the very least.  At the time when he was first challenged on the platform at St Pancreas my client was, and was known to be, in possession of his passport as he was about to board an international train.  Given the difference in the suspect’s date of birth and Sam’s date of birth, he was, in effect, carrying a “get out of jail free” card on him had the British Transport Police at the station, or the custody staff on Sam’s arrival at Islington taken the merest step of examining that passport and comparing it to the suspect’s details on the PNC. 

 That should have been enough to secure Sam’s immediate release, as it would be unreasonable to assume that the passport was anything other than genuine; yet time and time again, this is the mistake which Police Officers make at such gateways of international travel as airports, seaports and train terminals – focusing on the matching data of a person’s name alone, whilst overlooking the fact that international travel requires full verification of date of birth in the form of a legitimate, biometric passport. This is not, therefore, a ‘variable’ data point which could be faked, in an international travel nexus, in the way that it could be faked (by the giving of an ‘alias’) in ordinary public places in which entry is not contingent on rigorous data analysis and documentary proof.  

Information Technology Without Common Sense: A Recurring Problem

 Once again, therefore, I can only describe the type of Policing that Sam was subjected to in this incident as being based on a use of “Information Technology” which largely bypasses the brain. 

 See It, Sue It, Sorted  

 Understanding my expertise in matters of this nature, Sam instructed me to act on a no win, no fee basis and I am pleased to confirm that after bringing Court proceedings on Sam’s behalf I was able to secure a substantial settlement for him from the Metropolitan Police.

 Nothing can entirely make up for the lost hours which Sam spent in that Police cell, or the memory of his public arrest at a train station (an event which may be routine for the arresting officers, but is a uniquely horrible interference in the lives of law- abiding citizens), but I am pleased to confirm that I won for him – 

  1. A letter of apology
  2. Confirmation that his biometric data from this arrest (fingerprints, photo and DNA) have been deleted
  3. A damages payment of £10,000
  4. His legal costs of pursuing the claim

 The Inspector of the “Professionalism Directorate” of the Met who wrote the letter of apology to my client acknowledged that this incident had “undermined” his “trust and confidence” in the Police.

Improving Police Decision-Making at International Travel Hubs

 In order for all of us to have the trust and confidence in the Police that we deserve, the regularity of wrongful travel arrests like this need to be substantially reduced, by officers properly scrutinising apparent data matches and exercising due caution, rather than rushing to arrest. We would not expect a Eurostar train or an international plane to depart without thorough and rigorous safety checks; the liberty of travellers and passengers deserves equal respect.

Further Reading on Wrongful Arrests at Airports, Ports and Transport Hubs

 Anyone looking for some “poolside reading” this month, might be interested in some of my previous blog posts on this very subject; though if you prefer a fictional thriller series – I don’t blame you! 

My client’s name has been changed. 

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Contact the Expert Police Misconduct Solicitor

Iain Gould is a solicitor specialising in complaints, claims and civil actions against the Police. With over 30 years of experience and a national reputation, he has successfully sued all 43 police forces in England and Wales challenging abuse of power and securing rightful compensation.

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