In November 2014, my client Kevin Hamilton was in York, visiting two old university friends to celebrate one of them turning 40. In the early hours of the morning, the three friends were approached by Police Sergeant Ali of North Yorkshire Police. Kevin happened to be carrying a bottle of mineral water. Sergeant Ali approached Kevin and stated that he couldn’t drink alcohol in the area. Kevin quite reasonably pointed out that what he was drinking was water, not alcohol. At the Officer’s request, he handed the bottle to him, but it appears the Officer did not smell/check the contents of the bottle. Had he done so, it would have been quite obvious that it was not alcohol.
Instead of letting the friends go on their way, Sergeant Ali then informed Kevin that he had a power to arrest him, but did not give any reason or specify an offence. Kevin challenged the Officer as to what offence he could possibly have committed. Sergeant Ali failed to answer and instead now insisted that Kevin provide his name and address. Kevin refused to do this, beyond giving his middle name of Robert only, because he believed that the Officer had no power to require him to give his name and address if he had not committed an offence.
Becoming exasperated, Kevin did at this point swear (with words to the effect of “I can’t see why you want my fucking details”) and feeling intimidated by Sergeant Ali’s continued demands for his details, ran across to the other side of the road.
Kevin was then chased by Sergeant Ali and a second Officer, PC Smith.
PC Smith grabbed Kevin and manhandled him to the ground and Kevin was then sprayed in the face for several seconds by a canister of PAVA gas which was being wielded by Sergeant Ali.
PC Smith then handcuffed and roughly manhandled Kevin into a Police car and he was taken to York Police Station where he was processed and kept overnight. Kevin was subsequently prosecuted for being drunk and disorderly but was found not guilty at trial.
Following a review of all the evidence, I intimated a claim against North Yorkshire Police. Following investigation, the Police Force denied liability.
Notwithstanding the denial, I was satisfied that Kevin’s case enjoyed good prospects of success and therefore on my recommendation, Kevin authorised me to institute Court proceedings.
The Court subsequently fixed the case for a Case Management Hearing in July 2018. In advance of that hearing, the parties agreed to engage in a Joint Settlement Meeting at which all issues were aired and after extensive negotiation, a settlement of £25,000 damages plus costs was agreed for my client.
All names changed
Also read: Victim of Police Injustice? Choose your solicitor wisely
