The Court of Appeal hears the case of Carter v Chief Constable of Essex Police

On Wednesday 27 March, Maya Sikand KC appeared for the Appellant before the Lady Chief Justice, President of the Kings Bench Division (Dame Victoria Sharp DBE) and Lord Justice Edis, seeking to overturn the High Court decision of Carter v Chief Constable of Essex [2024] EWHC 126 (KB), and to reinstate the decision of Recorder Dagnall in the County Court. The case turns on the proper interpretation of s54(4) of PACE 1984, and whether objectively reasonable grounds to suspect clothing is going to be used for self-harm or harm of another are required before a custody officer can direct the forcible removal of such clothes from a detainee in a police station. On the facts, Mr Carter was taken to the ground, stripped naked and had his clothing, including a feather filled outer jacket, cut off him. The feathers impeded his breathing. 

Maya Sikand KC was leading Daniel Wand from 4KBW, who appeared in both lower courts. Judgment was reserved.