'You're nicked!'

The constabulary’s current sport of nicking geriatric selebs may have its benefits both to the nickees and to Messrs Sue, Grabbit & Runne.

 

Remember Lord Hanningfield, the Leader of Essex County Council? He did a spot of porridge for being overly-creative with his exes.

 

He also won damages for wrongful arrest when the Old Bill pitched up at 0645 and felt his collar. The arrest was judged unlawful because he was perfectly willing to go down to the local nick voluntarily.

 

This case is much more important than it would seem, for this reason.

 

The PACE Code of Practice says that an arrest would not be necessary where the  officer is satisfied as to their identity and address and that they will attend a police station voluntarily.

 

Note that this is a code only. It doesn’t have the force of law.

 

But what the judgment tells us is that breach of the Code may lead to liability in a civil action for damages.

 

So there you have it.

 

If PC Turniptop bangs on your door in the wee small hours and says ‘You’re nicked, mate’, call your nearest ‘No win, no fee’ lawyer and await the cheque. The police won’t contest it. They almost always settle.