Client awarded £5k for unlawful stop and search and arrest

The Actions Against the Police department are pleased to confirm the settlement of Mr OB’s AAP claim for £5k plus his legal costs.

Mr OB was followed by police and spoken to on the purported basis that he had been speeding/driving without due care. He rejected the allegation, informing the officer that he was “chatting s***”, whereupon the officer threatened to arrest him for a public order act offence. Mr OB pointed out that there was no one around, at which point the officer allegedly detected the smell of cannabis. The officer then sought to detain Mr OB for a drug search. Quite apart from the absence of reasonable grounds, the search breached PACE Code A Guidance in at least the following respects:

  • Failed to identify himself or his colleague
  • Failed to cite object of search
  • Failed to cite grounds for search
  • Failed to advise Mr Boyce of his entitlement to a copy of the search record

Mr OB demanded to know the legal basis for the search but the officer just used force including deploying pava spray into his eyes from close range. The search of Mr OB and his vehicle yielded nothing so he was hauled off for a strip search, which also yielded nothing. He was then arrested for obstruction of drug search, which did not proceed to charge, but was reported for the driving matters, which were duly discontinued.

Find out more about stop and search rights