False imprisonment — practice questions

1. Total Restraint: The customer was locked in a stockroom, which constitutes a complete boundary with no reasonable means of escape. This satisfies the requirement for total restraint, unlike the partial obstruction in Bird v Jones where an alternative route was available.

2. Lack of Lawful Justification: The store staff must justify the detention. A citizen's arrest under s.24A PACE 1984 requires reasonable grounds and that the person is handed to the police as soon as practicable. Holding someone for 45 minutes without calling the police is unlikely to be considered reasonable or lawful. There is no evidence of consent.

3. Intention and Awareness: The act of locking the door was intentional. The customer was aware of her confinement, which strengthens her claim for substantial damages. Even if she had been unaware, a claim would still be possible under the principle from Murray v Ministry of Defence.

4. Duration: The 45-minute duration is irrelevant for establishing liability, as any period of unlawful detention is sufficient. It will, however, be a key factor in calculating damages.

Conclusion: The store staff have likely committed the tort of false imprisonment. They intentionally caused a total restraint of the customer's liberty without lawful justification. The customer would be entitled to damages.

1. Identify Liability: The detention constitutes false imprisonment. There was total restraint (locked room) without lawful justification. A citizen's arrest under PACE 1984 would be unlawful here as it was not for the purpose of handing Paul to the police as soon as practicable; a 4-hour private 'investigation' exceeds the power.

2. Identify the Legal Principle for Damages: The quantum of damages for false imprisonment is guided by the case of Thompson v Commissioner of Police of the Metropolis [1998]. This case established a tariff for loss of liberty, with a higher sum for the first hour and a sliding scale for subsequent time. For illustrative purposes, we can use a modern equivalent: £1,000 for the first hour and £500 for each subsequent hour.

3. State the Period of Detention: Paul was unlawfully detained for a total of 4 hours.

4. Calculation:

• First hour of detention: £1,000
• Next three hours of detention: 3 hours × £500/hour = £1,500
• Total Basic Damages: £1,000 + £1,500 = £2,500

5. Final Answer: The estimated basic damages for the 4-hour false imprisonment would be £2,500. This figure is for the loss of liberty alone. The court might also award aggravated damages due to the humiliating circumstances (being locked in a basement) and the fact he was innocent, further increasing the total compensation.