What did the court decide in Murray v. Ministry of Defence (1988)?

The court held that the half-hour delay before a formal arrest did not make the detention unlawful in the circumstances. The appeal was dismissed.

Why is this case important for false imprisonment?

It shows that a person can be under arrest even without formal words, if they are restrained by officers and know they are not free to leave.

What legal rule emerged from the case?

Detention by an officer understood by the person as restraint amounts to arrest, even if no formal words are spoken at that moment.

Which law was relied on for the arrest?

Section 14 of the Northern Ireland (Emergency Provisions) Act 1978 allowed arrest without a warrant and detention for up to four hours on reasonable suspicion.

How should students remember the ratio?

Think: Restraint + Awareness = Arrest. Formal words help, but are not always required when circumstances clearly show control by officers.

murray-v-ministry-of-defence

Murray v. Ministry of Defence (1988)

False Imprisonment • Lawful Arrest • Police Powers • Easy-English Explainer

House of Lords 1988 [1988] 2 All ER 521 Tort / Criminal Procedure 5 min read

CASE_TITLE: Murray v. Ministry of Defence PRIMARY_KEYWORDS: false imprisonment, lawful arrest SECONDARY_KEYWORDS: police powers, restraint, awareness PUBLISH_DATE: 30-10-2025 AUTHOR_NAME: Gulzar Hashmi LOCATION: India slug: murray-v-ministry-of-defence

Quick Summary

This case explains when a detention becomes an arrest. The court said: if officers restrain a person and the person knows they cannot leave, that is an arrest—even if the officer has not yet said “you are under arrest.” In this case, the half-hour delay before formal words did not make the detention unlawful, given the safety steps taken inside the house.

Issues

Was the detention before the formal words an unlawful arrest?
Did the detention amount to false imprisonment?

Rules

Restraint + awareness by the person that they are not free to go = arrest, even without formal words.
Section 14, Northern Ireland (Emergency Provisions) Act 1978: allows arrest without a warrant and detention for up to four hours on reasonable suspicion.

Formal words are best practice, but not always necessary where circumstances clearly show control by officers.

Facts (Timeline)

Background: Margaret Murray was suspected of collecting money in Northern Ireland for the IRA.

7:00 am: Armed soldiers arrived at Murray’s home to arrest her; they checked her identity and gathered all occupants in one room.

7:00–7:30 am: The defendant remained with Murray while the house was searched.

7:30 am: She was formally told she was under arrest under Section 14, 1978 Act.

Claim: Murray sought damages for false imprisonment, arguing the 30 minutes before the formal words were unlawful.

Chronological timeline of events in Murray v. Ministry of Defence

Arguments

Appellant (Murray)

The first 30 minutes were unlawful: no formal arrest was communicated.
Being kept in one room without words of arrest amounted to false imprisonment.

Respondent (Ministry of Defence)

Safety and control measures justified brief delay in pronouncing formal arrest.
Section 14 allowed arrest on reasonable suspicion; restraint showed arrest in substance.

Judgment

The court held that the detention from 7:00 to 7:30 am was not unlawful. In the context—armed search, securing the house, identifying occupants—delaying the formal words was reasonable. The appeal was dismissed.

Ratio

Core idea: A person is under arrest when officers restrain them and they know they are not free to go. Formal words are not essential where the situation makes control obvious and lawful powers exist.

Why It Matters

Clarifies that “arrest” is about substance, not just words.
Guides officers on safety-first steps before formalities.
Helps courts assess false imprisonment claims realistically.

Key Takeaways

Restraint understood by the person can equal arrest.

Short delay may be justified for safety and control.

Words help clarity but are not always essential.

Look at whole circumstances, not one moment.

Mnemonic + 3-Step Hook

Mnemonic: “RAW” — Restraint, Awareness, then Words (optional).

See Restraint: Officers control movement.
Check Awareness: Person knows they cannot leave.
Words Optional: Formal words confirm, but are not always required.

IRAC Outline

Issue: Was the 7:00–7:30 am detention unlawful and a case of false imprisonment?

Rule: Restraint + awareness = arrest (formal words not strictly required); s.14 (1978 Act) permits brief detention on suspicion.

Application: Soldiers secured the house and people before speaking formal words; Murray was restrained and aware; delay was reasonable in context.

Conclusion: Detention not unlawful; appeal dismissed.

Glossary

Arrest: Legal restraint on a person’s liberty by authority.
False Imprisonment: Unlawful restraint on freedom of movement.
Formal Words: Saying “you are under arrest.” Helpful but not always essential.