High Court rules Ryan Reid’s 2022 arrest unlawful

The High Court has ruled that the arrest and overnight detention of motorist Ryan Reid by police in November 2022 was unlawful, clarifying the limits of police powers in traffic matters.

Justice Nicola Byer found that officers have no authority to arrest or detain motorists for ticketable offences such as failing to wear a seatbelt or using a mobile phone while driving. The court said such offences are subject to fixed penalties and do not justify arrest.

Reid had been stopped for those violations on 7 November 2022. The judge ruled that his arrest and detention over two days amounted to a trespass on his person and were therefore unlawful.

The case was brought against the Commissioner of Police, Casey Jean Baptiste, and the Attorney General. Reid was represented by attorney Wendel Alexander.

The court also ruled that only the Commissioner of Police has the authority to suspend a driver’s licence before conviction. It found that actions taken by officers in 2021 to enforce what was believed to be a suspension were not lawful.

However, the court rejected Reid’s claims of malicious prosecution, harassment and abuse of discretion in refusing station bail, saying he had failed to meet the required legal tests.

In relation to a separate arrest in May 2021 for dangerous driving, the court found police acted lawfully, noting that Reid had failed to provide his name, address or driver’s licence, which allowed officers to arrest him under traffic law.

Reid has been granted leave to apply for damages for the unlawful arrest and detention. He has 21 days to do so. The court awarded him 75% of his legal costs.

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