Intentional Torts: False Imprisonment and the Harassment Act 1997 Flashcards
What is False imprisonment?
The complete and unlawful restrain of an individual by another.
What are the elements of false imprisonment?
- D must have intended the imprisonment
- The restraint must have been total and complete
- The Claimant need not know they are imprisoned
- Usually there will have been an assault or battery
What Human rights article does this over lap with?
Article 5 of the European Convention of human rights. ‘Everybody has the right to liberty and security of a person- no one shall be deprived of his liberty save in lawful detentions.
What should be taken from Letang v Cooper?
That negligent conduct is not sufficient
What happened in Sayers v Harlow UDC
- Pregnant woman locked in toilet stall, dysfuction caused by negligent maintenance
- Injured crawling over the top of the stall
- She was not intentionally unlawfully imprisoned
What happened Regina v Governor of her Majestys Prison Brockhill ex parte Evans (2000)
- prisoner was not released from prison by the time that he had been said to have been released (an official court date)
- Even unintentional miscalculation of lawful imprisonment can result in tortious liability
- good faith is irrelevant
What is meant by total and complete restraint?
- For somebody to be completely restrained
- falsely without their will or consent or lawful action
What happened in Bird v Jones?
- C was prevented from crossing the Thames over a particular bridge
However he was free to walk out of the way and take another bridge - This was found not to be false imprisonment
What about the claimants knowledge of imprisonment?
Knowledge is not needed to be know, you can be falsely imprisoned without knowing that you have been
What happened in Meeting v Graham White Aviation?
- Claimant was accused of stealing at a place of employment and was asked to stay in a room and wait
- The police were outside the door and were instructed by him to stop him if he had tried to leave
- Intentionally and Falsely imprisoned
- even though he wasn’t aware
What year was the Harassment act brought in?
1997
What does it aim to achieve?
- Providing civil and criminal remedies
- originally set out for stalking offences
- Has been used for broader harassment offences
How long is the imprisonment term for section 2
6 months
What can a fine under section 2 not exceed
Level 5
Section one of the harassment act sets out?
Prohibition for harassment for one or more persons with the intention that they are doing such
