In December 2016, my client Robert Nugent attended at Bromley Magistrates’ Court in support of his son, who faced prosecution. Robert was 55 years old and of good character.
When passing through security, he placed his metal items onto a tray. Attached to his keys as part of a keyring was a fob that Robert had bought about 30 years previously. It was a cylindrical metal bar approximately 5 ½ inches long. He had never used it as anything other than a decorative key fob and had previously carried the item through airport security. He was not aware of its origin as a martial arts weapon until one of the security staff identified it as a ‘Kubotan’ and asked Robert to remain in the reception area where he sought advice.
At approximately 09.40hrs, Robert was approached by PC South of the Metropolitan Police who said that he had been found with an offensive weapon and would need to attend at the Police Station for interview. Robert provided his details when asked and also offered to attend at the Police Station voluntarily. However, he was told that voluntary attendance was not an option and that he must remain in the Court building.
Robert remained in the Court building as instructed and sat waiting outside Court with his son until around 10.10hrs, at which time he was approached by PC Duckinfield, PC Dorset and PC South.
PC Dorset advised Robert that it was necessary for him to be arrested “to prevent harm to yourself or others.” However, shortly thereafter, at around 10.40hrs, he was street bailed to attend at Bromley Police Station a few days later.
Robert duly attended at Bromley Police Station as directed at which time, he was searched and processed. The Custody Record noted the reason for arrest was “to allow a prompt and effective investigation of the offence or of the conduct of the detained person.”
Robert was then interviewed and after a short period of time in a cell, released.
A month later, Robert received an SMS message stating that he was to face no further action on the basis that the CPS had concluded there was insufficient evidence.
Robert had been detained for approximately 55 minutes at Court and further detained for approximately 2 hours 25 minutes at the Police Station.
Robert brought a claim for unlawful arrest and following institution of Court proceedings, an out of court compensation settlement was agreed.
All names changed.
