Walters v W. H. Smith and Son Ltd

Facts

A shop arrested a man it suspected of stealing books. He was acquitted, and no offence had in fact been committed.

Issue

Could a private person justify an arrest on reasonable suspicion when no offence had been committed?

Held

No. The shop was liable for false imprisonment.

Principle

A private person who arrests without a warrant must show that the offence was in fact committed, as well as reasonable grounds to suspect the person arrested.

Why it matters

Sets out the narrower powers of private citizens compared with the police.

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