UKPC 16
Privy Council Appeal No 0111 of 2010
Ms Chandrawtee Ramsingh (Appellant) v The Attorney General of Trinidad & Tobago (Respondent)
From the Court of Appeal of the Republic of Trinidad & Tobago
JUDGMENT DELIVERED BY
23 May 2012
Heard on 7 March 2012
Richard Lissack QC
(Instructed by Lawrence Graham LLP)
Peter Carter QC
(Instructed by Charles Russell LLP)
The legal principles
"Where a police officer, with reasonable cause, suspects that an arrestable offence has been committed, he may arrest without warrant anyone whom he, with reasonable cause, suspects to be guilty of the offence."
i) The detention of a person is prima facie tortious and an infringement of section 4(a) of the Constitution of Trinidad and Tobago.
ii) It is for the arrestor to justify the arrest.
iii) A police officer may arrest a person if, with reasonable cause, he suspects that the person concerned has committed an arrestable offence.
iv) Thus the officer must subjectively suspect that that person has committed such an offence.
v) The officer's belief must have been on reasonable grounds or, as some of the cases put it, there must have been reasonable and probable cause to make the arrest.
vi) Any continued detention after arrest must also be justified by the detainer.
"unless the custody officer has reasonable grounds for believing that his detention without being charged is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him."
As Clayton and Tomlinson put it in their Law of Human Rights, 2nd edition (2009), at para 10.56, the police must justify detention on a minute by minute basis.
Was the continued detention justified?