Shaaban bin Hussien v Chong Fook Kam
1969 · [1970] AC 942 (PC)
Posted By lanbuk.com
- Facts
- Police detained men after a road accident on suspicion and held them for days.
- Issue
- When does an arrest take place, and what is reasonable suspicion?
- Held
- The detention was an arrest. Lord Devlin explained that suspicion is less than proof.
- Principle
- An arrest occurs when an officer says he is arresting, uses force to restrain, or makes it clear by words or conduct that he will use force if needed to prevent the person leaving.
- Why it matters
- The standard definition of arrest.
Words and Latin in this note
- Prima facie
- At first sight: evidence strong enough to prove a point unless it is answered or contradicted. Open the note.
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