On 19 May 2018, my client, Sharon Binks travelled from the North East to Manchester in order to participate in a remembrance march for the victims of the Manchester Arena bombing which had occurred on 22 May 2017.
At no point did Sharon engage or attempt to engage in anything which could be remotely described as anti-social or disorderly behaviour, but she was nevertheless unlawfully arrested and assaulted by Officers of Greater Manchester Police.
Sharon had been unable to find friends who she was due to meet up with, but did bump into a male acquaintance and with this man and some others made her way peaceably to St Peter’s Square in Manchester. There, the small group that Sharon was with found their route blocked by Police Officers who stated that a group conducting a ‘counter protest’ had also congregated in St Peter’s Square. As such, a senior Officer gave instructions for “Section 35” notices to be issued, to ‘disperse’ Sharon and her companions from the area.
At this point, Sharon decided that she would return to Piccadilly railway station and go home.
However, she was then accosted by PC Rigby who demanded her name and address on the basis that he wanted to issue her with a Section 35 notice.
In response Sharon, who had done nothing wrong, and who could not reasonably have been suspected of having done anything wrong, stated that she was leaving the area in any event. However, PC Rigby was insistent that he wanted to issue her with a Section 35 notice and that she must give him her details.
Sharon correctly believed that she had no obligation to give the Officer her personal details and therefore declined to do so.
Sharon then attempted to walk away (in order to return to the railway station – in the opposite direction to the ‘counter protest’) only to find PC Rigby taking hold of her by the arm and pulling her backwards.
PC Rigby then further seized hold of Sharon’s wrist and informed her that she was under arrest. He and his colleague then marched her towards a nearby Police van.
Sharon, who was understandably shocked and disturbed by what was happening to her, began to record events on her mobile phone. She maintained that there had been no basis for arrest to which PC Rigby replied, “I have arrested you for failing to provide your details on request”.
PC Rigby ignored Sharon’s reasonable protests that she had been arrested for doing nothing more than standing on the street, and repeatedly requested Sharon’s surname. When she refused to give it, PC Rigby then suddenly lunged forwards in an attempt to seize Sharon’s mobile phone, thereby interrupting the recording, which then ceased.
When Sharon attempted to stop PC Rigby from taking her phone, PC O’Connell joined his colleague and the two Officers handcuffed Sharon behind her back. During this process, PC Rigby punched Sharon twice in the back with his clenched fist.
Sharon was then transported to a Police Station where she was processed and then interviewed following which she was charged with assaulting both PC Rigby and PC O’Connell in the execution of their duty. At her first Court appearance in June 2018, Sharon was notified that the CPS had discontinued proceedings.
Sharon brought a claim against Greater Manchester Police for false arrest. assault and malicious prosecution. Greater Manchester Police disputed liability. The case proceeded to Trial where the Court found that Sharon had been unlawfully arrested and assaulted. Sharon was awarded substantial damages and her costs.
Read more here: Greater Manchester Police brought to account at trial.
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