In late 2015, a well known criminal defence solicitor, Paul Cantrill referred a case to me. His clients, the Wilson family had been subjected to a police raid in January 2015. He had advanced a claim on their behalf and Wiltshire Constabulary had denied liability in response.
At around 07.20h Mr Wilson heard footsteps outside and then a loud bang as the front door was forced open by a number of police officers.
Mr and Mrs Wilson got out of bed. As they did so, police officers came upstairs. Mr Wilson, dressed only in underpants, and Mrs Wilson came to the landing.
Mr and Mrs Wilson’s son, Ryan had been awoken by the officers, who entered his bedroom. One officer was filming. Another officer seized hold of Ryan’s wrists. He was made aware that the officers had a warrant to search the premises (and its occupants) under the Misuse of Drugs Act and that he was to be detained while a search of the premises took place. He was then handcuffed to the front. He asked several times whether he was under arrest but his question was ignored.
Ryan was then taken downstairs and outside to a small marked police van parked in a community car park, approximately 5 metres from the local bus stop. The handcuffs were released and he was then placed in the van and the door was shut. He was then detained in the van for approximately two hours until the completion of the search of the premises.
Back at the premises, the officers also advised Mr and Mrs Wilson that they had a search warrant. Mr Wilson was told that he was to be detained whilst a search of the premises took place.
Mrs Wilson asked to see the warrant. A senior officer told her that since she was the tenant of the property the warrant would be shown to her. Notwithstanding this, Mrs Wilson was not shown or given any warrant.
Mr Wilson likewise asked to see a copy of the search warrant. His request was denied. He was advised that a copy of the search warrant would be given to his wife as she was the tenant.
Mr Wilson was then also taken outside to a second marked police van which was parked up alongside the van holding his son. The accompanying police officers opened the van door and told Mr Wilson to get in. Mr Wilson, a tall man of large build, noted that space in the back of the van was restricted and said, ‘I have to get in there, do I?’ An officer replied, ‘yes’. Mr Wilson stepped up into the van and sat down. Mr Wilson was then detained in the van for approximately 1 ½ hours.
Meanwhile, officers conducted a full and extensive search of the Wilson’s home.
As time passed, Mr Wilson asked the female officer who was guarding him to release him. This officer refused, maintaining that the search of the premises was ongoing.
Further time passed. Mr Wilson said that if his detention was to continue then he should be allowed to telephone a solicitor. Again, the female officer refused. Mr Wilson persisted, maintaining that access to legal advice was mandatory and his fundamental right. Again, the officer refused.
Further time passed. Eventually, Mr Wilson was allowed to exit the van and was told that he was permitted to re-enter the premises in order to telephone and speak to a solicitor.
Mr Wilson entered the premises and telephoned a solicitor. Following that conversation, he was told by the Police that if he was compliant he would be allowed to stay.
PS Frampton then entered the room and advised that the search was complete (nothing untoward had been found). Only at this point did PS Frampton pass to Mrs Wilson a copy of the search warrant, notification of power to search premises, search record and individual search record.
Prior to Mrs Wilson receiving the search warrant at this time, no officer had provided any of the Wilson family with a copy.
All officers then left the premises. No further action was taken against any of the family.
Given Wiltshire Constabulary’s denial of liability, it was necessary to issue court proceedings. Notwithstanding that there was a clear objective record of police failings (the whole incident was recorded on Police body camera) the Force maintained its denial of liability until several weeks before the scheduled trial at which time offers of settlement were made and following negotiation, agreement to pay my clients damages and costs was reached.
All names changed
Read more about this topic here: Can the Police detain you without arresting you?
