Murray v Ministry of Defence [1988] 1 WLR 692

Facts

  • Margaret Murray was suspected of aiding a prohibited organization (IRA) in Northern Ireland.
  • At approximately 7:00 am, a Ministry of Defence officer ("D") and five soldiers arrived at her home, identified her, assembled all occupants in one room, and searched the premises.
  • Formal arrest of Ms. Murray under Section 14 of the Northern Ireland (Emergency Provisions) Act 1978 occurred at 7:30 am.
  • The Act permitted armed forces to arrest without warrant and detain up to four hours individuals suspected of an offense.
  • Ms. Murray was taken to a screening center, pat-searched, interviewed, and released at 9:35 am.
  • Ms. Murray claimed false imprisonment and trespass, asserting her detention from 7:00–7:30 am was unlawful due to absence of proper arrest explanation at initial restraint.
  • The lower court dismissed her claim; she appealed to the Court of Appeal and then the House of Lords.

Issues

  1. Whether Ms. Murray was unlawfully detained prior to her formal arrest at 7:30 am.
  2. Whether an arrest requires that the detained person be informed of the reason at the outset.
  3. Whether the absence of formal words of arrest or immediate justification renders the detention false imprisonment under the Northern Ireland (Emergency Provisions) Act 1978.

Decision

  • The House of Lords dismissed Ms. Murray’s appeal, upholding the decisions of the lower courts.
  • The court found that false imprisonment does not require the victim's awareness of the deprivation of liberty.
  • Detention constitutes arrest if the individual is aware that they are being restrained, regardless of whether formal arrest words are used.
  • The delay in formal arrest, given the need to assemble residents and conduct a search, was deemed reasonable and lawful under the Act.
  • The court concluded the detention from 7:00 am was not false imprisonment but a lawful extension of the arrest process in the specific emergency context.

Legal Principles

  • False imprisonment under common law is actionable per se and requires complete deprivation of liberty without lawful justification.
  • Awareness of detention is sufficient to establish arrest; formal words are not essential.
  • Reasonableness of delay and context, especially under specific statutory powers, can justify postponement of formal procedures.
  • The key factor is actual confinement, not technical legal terminology or timing.
  • Law enforcement actions must balance practical exigencies with lawful process.

Conclusion

The House of Lords held that Ms. Murray’s initial detention was lawful, clarifying that arrest does not require immediate formal words or explanation if the detainee is aware of their restraint and the delay is reasonable in the circumstances, particularly under statutory emergency powers.

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