Betaudier v The Attorney General of Trinidad and Tobago [2021] UKPC 7- Malicious Prosecution

The JCPC held that a police officer’s grounds for his reasonable and probable cause to arrest Appellant were insufficient. While the test for determining what is considered a reasonable suspicion is an objective one, the grounds themselves ought to link the suspected person to a particular arrestable offence. The fact that the Appellant was a soldier and kidnappings were rampant at the time is insufficient to create a reasonable suspicion that the Appellant himself was involved in kidnappings. The only fact linking the Appellant to an offence of kidnapping is the large sum of money found, but even that fact alone without more is insufficient to arrest on a reasonable suspicion. Appeal allowed.

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