At around 2am on 18 April 2020, my client Desmond Acquah had just arrived home after a 12 hour shift at work and wanted nothing more than to simply put his head down and sleep. Having parked his car outside the block of flats where he lives, Desmond was intercepted by two Police officers of Hampshire Constabulary who challenged him to identify himself.
Desmond immediately confirmed that he was a key worker and had just come from work on the railways.
The officer boldly – and incorrectly – went on to assert that if Desmond refused to give his details he was liable for arrest in contravention of “the Coronavirus Rules.”
Desmond knew that this was incorrect and had a suspicion that the officer was targeting him because of the colour of his skin (Desmond is black). All Desmond wanted to do was get to bed, but he nevertheless pulled out from his car his work uniform including his flask, hard hat, high visibility jacket and boots for the avoidance of any doubt.
Desmond validly protested that this whole episode was not only pointless, but was in fact putting them all at risk of contracting or transmitting the virus, as neither he nor any of the officers confronting him were wearing masks.
One of the officers then threatened to arrest Desmond for the non-existent offence of ‘failing to give his details’. In frustration Desmond said that he would phone his manager, who would vouch for him, but perversely, as Desmond attempted to do so, the officers took hold of him, instructed him to put down his phone and told him he was under arrest “for failing to provide your details.”
The officers then proceeded to aggressively manhandle Desmond by pushing him against a wall and handcuffing him to the rear. Desmond was horrified and could not believe what was happening.
Under duress, Desmond now provided the officer with his full name, but unfortunately the officer now threatened to arrest Desmond for a ‘Public Order’ offence, as the assault which the officers had perpetrated on Desmond had caused him to start swearing at them.
The officer then continued to demand further personal details from Desmond, including his address and when Desmond questioned his authority and motivation in so doing, the officer announced that Desmond was now “nicked” “for not giving me your details under the Coronavirus rules.”
Desmond understandably protested that this was nothing short of police harassment.
As Desmond continued his legitimate protest, with around seven officers now in attendance, one of the officers started to call Desmond “a fucking idiot” and a “stupid man.”
Desmond was now arrested and taken to his local Police Station for an alleged breach of Section 4 of the Public Order Act. He was kept in custody for just over 4 hours and was then released.
I brought a claim on behalf of Desmond against Hampshire Constabulary and after the institution of Court proceedings, a settlement of £30,000 plus legal costs was agreed.
Also read: Locked up for Lockdown: Police abuse of Coronavirus powers
