the times | Wednesday January 26 2022 53
Register
Lord-Lieutenant of West
Midlands (Mr John Crabtree).
His Royal Highness, Vice
Patron, Commonwealth Games
Federation, subsequently met
volunteers at the Library of
Birmingham, Centenary Square,
Broad Street, Birmingham.
The Earl of Wessex, Vice
Patron, Commonwealth Games
Federation, later visited the
Headquarters of the
Birmingham Organising
Committee for the 2022
Commonwealth Games,
Brindley Place, Birmingham.
The Countess of Wessex this
afternoon received Ms Victoria
Ford MP (Parliamentary Under
Secretary of State, Minister for
Africa, Latin America and the
Caribbean) to discuss the
Women, Peace and Security
Agenda.
Her Royal Highness this
evening attended the Worshipful
Company of Farmers’ Livery
Dinner at Drapers’ Hall,Joint Patron, the Royal
Foundation of The Duke and
Duchess of Cambridge, this
morning held a Centre for Early
Childhood Meeting.
Her Royal Highness this
afternoon held a Meeting with
Miss Jennifer Urquhart
(Chairman, Johnstons of Elgin)
via telephone.
The Duchess of Cambridge,
Patron, Royal College of
Obstetricians and
Gynaecologists, this afternoon
held a Meeting with Dr Edward
Morris (President) and Ms Kate
Lancaster (Chief Executive) via
telephone.St James’s Palace
25th January, 2022
The Earl of Wessex, Vice Patron,
Commonwealth Games
Federation, this afternoon
attended a Meeting at the Grand
Hotel, Colmore Row,
Birmingham, and was
received by Her Majesty’sThe continued detention of an ar-
rested adult or juvenile for his own
protection, where there existed a
reasonable suspicion of their having
committed an offence, was not inher-
ently contrary to the right to liberty.
The Court of Appeal so held when
dismissing an appeal of the claimant,
Rochaun Archer, against the dismiss-
al by Mr Justice Chamberlain of his
claim against the defendant, the
Metropolitan Police commissioner.
Article 5 of the European Conven-
tion on Human Rights provided: “(1)
Everyone has the right to liberty and
security of person. No one shall be
deprived of his liberty save in the
following cases and in accordance
with a procedure prescribed by law:...
(c) the lawful arrest or detention of a
person effected for the purpose of
bringing him before the competent
legal authority on reasonable suspi-
cion of having committed an offence
or when it is reasonably considered
necessary to prevent his committing
an offence.”
Richard Hermer QC and Tim
James-Matthews for the claimant;
Andrew Warnock QC and Adam
Clemens for the defendant; Caoilf-
hionn Gallagher QC and Donn-
chadh Greene for Liberty and Just
for Kids Law, intervening.
The president, giving the judg-
ment of the court, said that the case
concerned the lawfulness of the
police detention of a juvenile for his
own protection or in his own interests
under section 38 of the Police and
Sandringham, Norfolk
25th January, 2022
The Duke of Cambridge, on
behalf of The Queen, held an
Investiture at Windsor Castle
this morning.
Clarence House
25th January, 2022
The Duchess of Cornwall this
morning visited Refuge,
Chiswick, London.
Her Royal Highness this
afternoon held a Reception at
Clarence House to mark the
Fiftieth Anniversary of Refuge.
Kensington Palace
25th January, 2022
The Duchess of Cambridge,
Throgmorton Avenue, London
EC2.St James’s Palace
25th January, 2022
The Princess Royal, President,
Racing Welfare, this morning
visited the Racing Support Line
at Care First, 1230 Lansdowne
Court, Gloucester Business Park,
Gloucester, and was received by
Mrs Jane Jenner-Fust (Vice
Lord-Lieutenant of
Gloucestershire).
Her Royal Highness later
opened the Chamwell Centre at
the Milestone School, Longford
Lane, Gloucester, and was
received by Dr Roger Head
(Deputy Lord-Lieutenant of
Gloucestershire).
The Princess Royal this
afternoon visited Kohler Mira
Limited, Cromwell Road,
Cheltenham, to mark its
Centenary, and was received by
Her Majesty’s Lord-Lieutenant
of Gloucestershire (Mr Edward
Gillespie).AND BE ye kind one to another,
tenderhearted, forgiving one another, even
as God for Christ’s sake hath forgiven you.
Ephesians 4.32 (AV)
Bible verses are provided by the
Bible SocietyBirths, Marriages and Deaths
Births
CRICHTON on 29th December 2021 to
Annabel (née Jenkin) and James, a son,
William Christopher Alexander, at the
Royal United Hospital in Bath.Forthcoming Marriages
MR A. M. ENTWISTLE
AND MISS P. R. H. ST JOHN
The engagement is announced between
Andrew, son of Mr and Mrs Malcolm
Entwistle of Wimbledon, London, and
Poppy, daughter of Mr and Mrs Charles St
John of West Sussex.Deaths
ADAMS George Robert “Bob” on 14th
January 2022, aged 99. Dearly loved
husband of the late Sheilah Adams (née
Cawkwell), father of Catherine, David, John
and Christopher, who will be greatly missed
by his children, his nine grandchildren,
eight great-grandchildren and all his wider
family and friends. Funeral service to take
place at Cheltenham Crematorium on
Monday 31st January 2022 at 1pm. Family
flowers only, donations in memory of Bob
for the NSPCC c/o Cowley and Son Ltd,
Cirencester: 01285 653298.
ELLISON Monica Alice peacefully at
home in Wimbledon on 24th December- Beloved wife of the late John
Lockyer Ellison, mother of Jane, Juliet,
Emma and Charlotte, grandmother of
Samuel, Anna, Chloé, Théo, Maïa, Rachel
and Lilou, great-grandmother of Louane,
Sacha, Elise and Jade. Funeral service at
10am, Thursday 27th January, at Sacred
Heart Church, Wimbledon. Family flowers
only, donations to Médecins Sans
Frontières. Inquiries to Frederick Payne,
Kingston.
FOX
James Joseph Vernon died peacefully
on 3rd January 2022, aged 98.
Husband of Margaret (née Duffy), 92,
brother of Gordon and Keith
(deceased), father to Margaret
(deceased October 2021), Angela
and Andrew. Grandfather and
great-grandfather.
Born in Co Durham. Headteacher
St Anne Line, Basildon, 1964-89.
Requiem Mass at Holy Trinity,
Basildon, Essex, 28th January 2.30pm.
Remembered with love.HAYMAN
His Honour John David Woodburn,
BEM MA LLM (Cantab) on 19th
January 2022, aged 103, peacefully at
home in Alton, Hampshire,
surrounded by his six children.
Beloved husband of the late Jane,
dearest father of Melinda, Jilly,
Louise, Nicholas, Christopher and
Emily, grandfather of 14 and
great-grandfather of 15. A moderate
man with an immeasurable zest for
life and love for his family.
A private cremation will be followed
by a celebration of his life on Tuesday
8th February 2022. At his request,
family flowers only and colourful
attire. Donations can be made to
Young Minds on youngminds.org.uk.
For details please email
[email protected]
or ring funeral directors Charles Read
& Daughter on 01420 83551.KINGSTON
Ivan died peacefully on 6th January
2022, aged 89, at St John’s Hospice,
St John’s Wood, following a long
illness. Much-loved father of Katy,
Martin and Julia, grandfather to
sixteen, great-grandfather to twelve
and uncle to family members around
the world (including England, South
Africa, Germany, New Zealand,
Australia and the United States). He
will be sorely missed. He will be laid to
rest in a private family burial in the
South Downs next to his beloved
Hansi. Celebration of his life will
take place in the spring. Donations
to St John’s Hospice.NIGHTINGALE OF CROMARTY Hilary
Marion Olwen died at home on 23rd
January 2022, aged 91. Funeral service and
burial at St Giles, Wormshill, on Wednesday
2nd February at noon. No flowers.
Donations to Wormshill Church.
PINNEY Catherine/Carki (née Hall) died
peacefully at home on 16th January, aged
80, after a long illness. Much-loved wife of
Philip, mother of Charlotte, Anne and Lulu
and grandmother to Bridget, Angus, Jack
and Hector. Service of thanksgiving will be
held on Wednesday 9th March at 2pm at
St Mary’s Church, Pyrton. Donations if
desired to Oxfordshire MND Association or
Sue Ryder via Surman & Horwood Funeral
Services: 01844 351323.
PIRNIE Rear-Admiral Ian Hugh CB.
Peacefully on 17th January, aged 86.
Beloved husband of Sally and father of
Katherine, Alison and Lois. Funeral service
at Holy Trinity Church, Colton, Cumbria, on
Thursday 27th January at 2pm.
PRESTWICH Christopher Thomas
Stanton MBE died at home on 19th January- Much-loved husband of Sarah, loving
father to Emma and Edward and proud
grandfather to five. Service of
thanksgiving to be held at the Church of
the Holy Cross, Seend, on 11th February
2022 at 2.30pm. Donations, if desired, to
Macmillan Cancer Support.
SHEPHERD-SMITH Juliet Ursula (née
Colman) died peacefully on 18th January
2022, aged 54. Beloved wife of Ben, adored
mother of Theo, Josh and Ophelia, and
much-loved daughter and sister. Private
family funeral, with a memorial service at a
later date. Please contact
[email protected] for further
information.
SPENCER Nancy Loveday (née Coryton
of Humshaugh, Northumberland) died
peacefully on 20th January 2022, aged 91.
Greatly loved wife of Simon, loving mother
of Charles and Andrew and proud
grandmother. Private funeral.
WALLROCK Joan Alwyn (née Younger)
died peacefully on 18th January 2022,
aged 98. Born September 8th 1924.
Mother, Granny and Great-Granny. So
very much loved by so many. Died
peacefully in her sleep.
Memorial Services
OSWALD Sir Michael Oswald GCVO at
St Clement Danes Church, London WC2R
1DH on 25th March 2022 at the changed
time of 11.30am. Please let us know by
email [email protected] or by
contacting a family member if you plan to
attend. 01488 638200
[email protected].Thanksgiving Services
SPENLOVE-BROWN Timothy Riland —
a Service of Thanksgiving will be held at
Sherborne Abbey, Sherborne, Dorset, on
3rd March 2022 at 2.30pm.020 7782 7553
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newsukadvertising.co.ukLaw Report
Detention of an arrested person for his
own protection not inherently unlawful
Criminal Evidence Act 1984. The
claimant’s central argument of prin-
ciple was that article 5(1)(c) of the
European Convention on Human
Rights precluded any detention of a
person for his own protection. The
consequences would be that section
38(1)(a)(vi) and, in so far as it author-
ised detention for the detainee’s own
protection, section 38(1)(b)(ii) would
be incompatible with article 5.
The facts were that on February 17,
2012, the claimant, then aged 15, was
the subject of a violent attack. He and
two of his friends were confronted by
a group of four male youths. One of
those youths struck the claimant in
the head and stabbed him in his back
and head. The claimant received
hospital treatment for his injuries.
On February 22 he was arrested at
home on suspicion of violent disorder
and possession of an offensive weap-
on and taken to a police station. He
was charged and refused bail on the
ground, inter alia, that it was necessa-
ry to detain him “in his own interests”,
as he had been involved in a “gang”
related fight where he had sustained
injuries that required hospital treat-
ment. It was feared that if released on
bail there would be repercussions
where he might sustain further
injuries or inflict violence upon his
original intended victims.
The proceedings against the
claimant were discontinued. Two of
his assailants were subsequently con-
victed and sentenced to 18 months’
imprisonment (or detention). The
claimant issued the present proceed-
ings in May 2012.
Children occupied a unique place
in the criminal justice system and re-
quired additional protections. Child-
ren brought into police custody were
in a particularly vulnerable position,
not only by virtue of their age, but al-
so because of the circumstances that
brought them into contact with the
police. At the heart of any decision-making involving children had to be
the best interests of the child and pre-
trial detention of minors was a meas-
ure of last resort, and where strictly
necessary only. Together, sections 38
and 21 of the Children Act 1989 made
it clear that there were very limited
circumstances to justify the deten-
tion of children at police stations.
As far as the present case was con-
cerned, the court did not accept the
claimant’s characterisation of the
“own protection” criterion as a stan-
dalone basis for his continued deten-
tion. For the avoidance of doubt,
“own protection” could not justify the
detention of an individual in circum-
stances where none of the limbs of
article 5(1)(c) were made out. That ac-
corded with the established principle
that the list of exceptions contained
in article 5 was exhaustive and had to
be interpreted narrowly.
The claimant wrongly sought to
ignore the existence of a legitimate
underlying basis for his detention: a
reasonable suspicion of his having
committed an offence.
The fallacy of the claimant’s argu-
ment was the attempt to treat the
claimant’s interests as wholly di-
vorced from the need to bring him
before the court. To spell it out, the
reasons for the claimant’s detention
were two-fold: the substantial risk
that he might commit further
offences and because it was in his
own interests.
That process was not incompatible
with article 5 so as to constitute arbi-
trary detention. There was nothing
arbitrary about continuing to detain
a suspect who was otherwise lawfully
detained for the purpose of produc-
tion before the court, if releasing him
would put his life at serious risk,
something which would of course
defeat the purpose of bringing him
before the court.
Such detention would only be per-
missible: (i) for a short period of time;(ii) in exceptional circumstances
having to do with the nature of the
offences concerned, the conditions in
which they were committed and the
context in which they had taken
place; and (iii) only if there were no
reasonably available means other
than detention to afford protection.
Those safeguards reflected the fun-
damental importance of the need to
protect individuals from arbitrary
deprivation of their liberty.
For those reasons the continued
detention of an individual for their
own protection, where there existed a
reasonable suspicion of his having
committed an offence, was not inher-
ently contrary to article 5 of the Con-
vention. It followed that section
38(1)(a)(vi), which concerned the
continued detention of an arrested
adult for reasons of his own
protection, was not incompatible
with article 5.
Turning to the position of juve-
niles. There were three limitations to
the pre-trial detention of minors:
first, pre-trial detention should be a
measure of last resort; second, such
detention should be as short as poss-
ible; third, where detention was
strictly necessary, children should be
kept apart from adults.
In the context of considering the
safeguarding of juveniles, it seemed
clear that: (i) (self-evidently) deten-
tion of juveniles for own protection
pre-trial should be the exception, and
not the rule; and (ii) the facts and cir-
cumstances relating to each individu-
al decision to do so had to be rigorous-
ly considered to ensure the three
limitations were respected.
The judge had not erred in con-
cluding that on the evidence before
him, the claimant’s detention had
been justified.Solicitors: Bhatt Murphy Solicitors;
Weightmans LLP; Liberty and Just
for Kids Law.Court of Appeal
Published January 26, 2022
Archer v Commissioner of Police
of the Metropolis
Before Dame Victoria Sharp, President of
the Queen’s Bench Division, Lord Justice
Holroyde and Lady Justice Carr
[2021] EWCA Civ 1662
Judgment November 12, 2021
Court Circular
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