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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login