CHRISTIE AND ANOTHER
V.
LEACHINSKY

(1945) JELR 80272 (HL)

House of Lords · 25 Mar 1945 · United Kingdom
·

Other Citations

[1947] AC 573

CORAM

VISCOUNT SIMON , LORD THANKERTON , LORD MACMILLAN , LORD SIMONDS and LORD DU PARCQ.

Core Terms ^Beta

arrest

charge

person

unlawful possession

false imprisonment

general rule

lord du parcq

private person

mr. leachinsky

time of the arrest

appellant christie

liberty of the subject

present case

reasonable suspicion

stable j.

learned judge

scott l.j.

dumbell's case

learned lord justice

liverpool corporation act

police constable

policeman arrests

reasonable ground

above facts

accused take steps

arrest of august

circumstances arrest

clear law

court of appeal scott l.j.

court of summary jurisdiction

criminal justice act

direct authority

extent of the powers of the police

famous case of entick v

following provisions

general warrants

given felony

judgment of the trial judge

lead judgment

lord justice

necessary prelude

noble friend

normal cases

respondent's name

satisfaction of the court

state of mind

such constable

such thing

suspicion of such felony

wrongful arrest

VISCOUNT SIMON(reading the lead judgment) My Lords, I agree with Scott L.J. that the main issue raised is of great importance and requires careful examination, for it concerns the liberty of the subject and the extent of the powers of the police to arrest without warrant. There can be no doubt that the Liverpool Corporation Act, 1921, did not authorize this arrest at all. The Act does not use the term “unlawful possession,” though this is the customary phrase used in connexion with an infringement of the Act. The phrase is, in fact, somewhat misleading. The following provisions are included in part II. of the Act: “507 (1.) Any person brought before any court of summary jurisdiction charged with having in his possession anything which there is reasonable ground to believe or suspect has been stolen and (sic.) who does not account to the satisfaction of the court for his possession of the same shall be liable to a penalty not exceeding five pounds or in the discretion of the court to i…

CHRISTIE AND ANOTHER V. LEACHINSKY

CHRISTIE AND ANOTHER
V.
LEACHINSKY