Commenting in City AM, Partner Richard Cannon examines the lawfulness and necessity of the decision to arrest Lord Peter Mandelson on suspicion of misconduct in public office.
Richard’s comments were published in City AM, 24 February 2026.
“Arrest is a serious interference with liberty and, under the Police and Criminal Evidence Act 1984, it must be strictly necessary and proportionate. The statutory test covers issues such as establishing a name or address, preventing harm, or preventing loss or damage to property. None of those factors appear to apply here.
“In cases such as this, police tend to rely on the power of arrest being necessary ‘to allow the prompt and effective investigation’ of an offence. But that is conditional. It requires real grounds, such as a risk of evidence being destroyed, suspects colluding or witnesses being intimidated. Search warrants have already been executed, so it is difficult to see how that risk now arises.
“The law is clear that arrest to secure an interview is justified only where it is thought unlikely the person would attend voluntarily. Where someone is willing to cooperate, attend under caution and engage through solicitors, the obvious question is whether arrest is strictly necessary at all.
“In many complex or high-profile investigations, voluntary attendance is both common and entirely effective. It is far from clear what justification the Metropolitan Police have for acting differently here.”
18 Feb 2026
Founder Bambos Tsiattalou comments on the future of the Serious Fraud Office after the London Mining trial collapse, in The Times and The Law Society Gazette
READ MOREREAD MORE
30 Jan 2026
Partner Amjid Jabbar explores victim compensation and POCA, in The Law Society Gazette
READ MOREREAD MORE