had had a prima facie case for suspicion, but that the arrest was premature. He had defined 'reasonable cause' (which the officers would have needed to show they had when they arrested the plaintiff) as 'honest belief founded upon reasonable suspicion leading an ordinary cautious man to the conclusion that the person arrested was guilty of the offence'. He said an ordinary man would : sought information from suspect, including explanation grudge part. relied Scott [1944] principle every presumed innocent until proved guilty arrests. Court Appeal allowed an appeal Chief Constable. court judge severe a judging officer's conduct.

doi:10.4324/9781843143451-96

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had had a prima facie case for suspicion, but that the arrest was premature. He had defined 'reasonable cause' (which the officers would have needed to show they had when they arrested the plaintiff) as 'honest belief founded upon reasonable suspicion leading an ordinary cautious man to the conclusion that the person arrested was guilty of the offence'. He said an ordinary man would

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ABSTRACT

This case hinged on point 2 and, on the facts, the Chief Constable should succeed on the appeal.

... a person entrusted with a discretion must, so to speak, direct himself properly in law. He must call his own attention to matters which he is bound to consider. He must exclude from his consideration matters which are irrelevant to what he has to consider. If he does not obey those rules, he may be truly said, and often is said, to be acting 'unreasonably'.