In November 2022, my client Ross was interviewed by Sussex Police in respect of an allegation of Common Assault. He provided his home address, in East Sussex. Following interview under caution, Ross was released and advised that any decision or further action would be communicated to him in due course.
He heard nothing further and thought no more about it. Then, in May 2023, returning from a holiday to Spain, Ross flew into Gatwick Airport.
As he exited the plane, Ross was obliged to show his passport, whereupon he was arrested by Police Officers for ‘failing to attend’ Hastings Magistrates’ Court in April 2023. This took place in front of Ross’s wife and numerous other passengers. Ross was shocked and honestly asserted that he had not been aware of any Court summons.
The arresting Officers advised that he had been summonsed, but the address which they gave him, as to where the postal requisition had been sent, was a completely different address in another area of East Sussex; nevertheless, it was an address Ross recognised – it was his old home, where he had not lived for 8 years.
The Officers stated that given a Court Warrant had been issued, they had no alternative but to continue with Ross’s arrest. He was led away, feeling degraded and humiliated, whilst his wife was obliged to collect and carry all of their luggage and make arrangements to be picked up, causing my client further anxiety and distress.
Ross was taken first to Gatwick Police Station and then to Crawley Police Station where he was ‘processed’ and searched.
Following the booking in procedure, Ross was incarcerated in a cell overnight. The next morning, he was transferred to prison escort services and taken to Crawley Magistrates Court to await his fate.
Upon my client’s production before the Magistrates, it was confirmed by the Court that the address details endorsed on the Postal Requisition (prepared by Sussex Police) were incorrect, and that the Postal Requisition had indeed been sent to Ross’s old property.
Ross was then immediately released and the underlying proceedings against him adjourned to a later date. He had been wrongly deprived of his liberty for almost 24 hours in harrowing circumstances, and felt physically and emotionally exhausted.
I brought a claim on behalf of Ross against Sussex Police for the inaccurate processing of his data, leading to his wrongful arrest at the airport, and hence deprivation of his liberty in contravention of Article 6 of the European Convention on Human Rights (as enabled into English law by the Human Rights Act 1998).
When Sussex Police failed to admit liability in response to the letter of claim which I sent – hiding behind the ongoing criminal prosecution for the original assault – I promptly issued civil court proceedings on behalf of Ross, arguing that his compensation claim, arising from an administrative error, was clearly distinct from the criminal matter, and I am pleased to confirm that the Police then agreed to pay Ross £9,000 damages, plus his legal costs.
My client’s name has been changed.
