Case Study Hsc Alexander Walker

During a questioning, Alexander Walker was prevented from leaving the house by PC Adams positioning himself at the doorway; hence, detaining Walker for a few seconds, without touching him, despite Walker not being under arrest and PC Adams admitting to lack intention to arrest . Walker was aggressive and pushed the officer, consequently leading to PC Adams arresting Walker for a public order offence. Walker made a claim in tort seeking damages for false imprisonment, assault and malicious prosecution. At first, the claim was dismissed for the reasons that the detention had been brief and the arrest is lawful since the claimant was aware of his arrest and ‘public order’ is an adequate reason for the arrest. However, the Court of Appeal overturned