My client Robert and his wife went out for a drink one night in May 2016.
They returned home at about 9pm. The couple then had a minor argument about the fact that he wanted to stay for a further drink and she did not. The row lasted a few minutes but they both calmed down and Robert’s wife went upstairs to get changed for bed. After a short while, there was a knock at the door. Robert went to answer.
Robert’s neighbour had heard the argument and called Northamptonshire Police, and two male officers, PC Canton and PC Dartmoor responded to the call. On arrival, the house was quiet and when the front door opened, there was no noise from within and Robert was calm.
The officers asked if they could enter. Robert asked why. The officers explained that a report had been received which they needed to follow-up on, specifically that they needed to check on Robert’s welfare and whoever else was in the house. Robert advised that he had a row with his wife but the officers were not welcome to come in.
In response, PC Canton advised that the officers would be entering under Section 17 of PACE the (Police and Criminal Evidence Act) ‘to check on welfare of people’ and with that, crossed the threshold into the house.
The act of Police entry clearly agitated Robert who began to shout and swear that the Police had no right to enter.
PC Canton advised that he and his colleague were entering under Section 17 and that should Robert continue, he would be arrested for Breach of the Peace.
Robert continued to shout and swear and argued with the officer maintaining (incorrectly) that he couldn’t be arrested for Breach of the Peace in his own home. In light of his behaviour, the officers decide to handcuff Robert ‘for officer safety’.
At this and upon hearing the commotion, Robert’s wife came downstairs. PC Dartmoor tried to speak to Robert’s wife to see if she was ok but Robert continued to argue with the officers. After a few minutes, PC Canton advised Robert that he was now under arrest to prevent a further Breach of the Peace and he was escorted from the house to a patrol car outside.
Robert’s wife explained that she and Robert had had a verbal argument only. It was clear that no offence had been committed.
Robert remained highly agitated and a decision was made to transport him to his nearest Police Station where he was kept overnight and released without charge the next day.
The officers’ entry into Robert’s home was unlawful. On several occasions, the officers asserted that entry was necessary to “check on the welfare” of the occupants. That was simply too low a threshold to allow them to force entry under Section 17 of PACE. It was then the officers’ decision to enter the home that upset Robert and caused him to shout, swear and argue and ultimately caused the officers to handcuff him and to then arrest him for Breach of the Peace.
On Robert’s behalf I brought a claim against Northamptonshire Police. Following negotiations, the Force agreed to award substantial compensation in an out of court settlement.
All names changed.
Read more: How serious does a ‘domestic’ incident have to be to justify arrest?
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