When Force Goes Too Far: What Carter v Essex Police Could Mean for Detainee Rights
This blog post examines the Court of Appeal hearing in Carter v Chief Constable of Essex Police, a significant case concerning the interpretation of Section 54(4) of the Police and Criminal Evidence Act 1984 (PACE). The case centres on whether custody officers must have objectively reasonable grounds to remove a detainee’s clothing for safety reasons, or whether a subjective belief alone suffices. Mr. Carter, who was forcibly stripped following his arrest in 2017, brought a civil claim for battery. While the County Court sided with him, the High Court overturned that decision—ruling in favour of Essex Police. The Court of Appeal is now tasked with clarifying the threshold required under Section 54(4), with significant implications for detainee rights and police powers in custody settings. Judgment is pending.