Howards win compensation for man unlawfully arrested on illegal warrant issued by the court
Howards & Henry’s Solicitors has successfully won compensation for a Macclesfield man following his unlawful detention at Macclesfield Magistrates Court after the court wrongly issued a warrant for his arrest.
On 11th December 2014, the Magistrates sitting at Macclesfield issued a warrant for the arrest of Mr. N. following his failure to attend Court on a summons for an allegation of poaching under Section 30 Game Act 1831.
He always maintained that he did not receive the summons because it had been sent to a former address, yet on the 18th December 2014 at around 10:10a.m, he was arrested by Cheshire Police and he was held in custody until the next available court sitting which was the next day.
Miss Mundy from Howards attended court to represent Mr. N and immediately noted that the warrant upon which Mr. N had been arrested was in fact unlawful. Miss Mundy explained to the court that a warrant can only be issued for offences that are imprisonable or can result in disqualification. The offence of poaching is punishable only by a fine.
Mr. N was released immediately thereafter.
Mr. N. then further retained Howards & Henry’s Solicitors to pursue a claim for compensation. After the government failed to meet Mr. N.’s claim, Gavyn Atkinson of Howards brought proceedings through the court.
The government tried to defend the claim on the basis that no claim for negligence can lie against the Crown pursuant to Section 2(5) of the Crown Proceedings Act 1947. However, Mr. Atkinson successfully argued that Article 5 of the European Convention on Human Rights and Fundamental Freedoms applied and took precedent over domestic legislation. Mr. N. was unlawfully deprived of his liberty in direct contravention of Article 5 and under Section 5 of Article 5 which states:
“Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation”
On the eve of the first hearing, the Government relented and agreed an out of Court settlement. Mr. Atkinson said “If a mistake or failing by the Court leads to you being detained wrongly or for longer than you should have been, then you may be entitled to compensation. It is vital that you seek legal advice at the earliest opportunity”
Howards & Henry’s Solicitors are criminal defence and personal injury lawyers and have a specialist department conducting claims against the state and police. If you or anyone you know may have a claim following the unlawful actions of a state body then get in touch straight away for advice.
Manchester Office, Suite 2 East Wing Westpoint, 501 Chester Road, Manchester, M16 9HU
Tel: +44 161 872 9999
Email: [email protected]
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