The High Court of Justice has ruled that the arrest and overnight detention of Ryan Reid by police officers in November 2022 was unlawful, in a judgment that clearly defines the limits of police powers in traffic-related matters.

Reid was represented by Attorney Wendel Alexander, who argued that the police have no authority to arrest a person for dangerous driving unless the driver’s name and address are unknown or refused, and no authority to arrest for ticketing offences. He also notes that only the Commissioner of Police has the authority to suspend a driver’s licence before a conviction.

Wendel Alexander

Justice Nicola Byer, delivering the ruling, found that police officers do not have the authority to arrest or detain motorists for ticketable traffic offences, such as failing to wear a seatbelt or holding a mobile phone while driving.

The court declared that Reid’s arrest and detention on 7 and 8 November 2022 amounted to a trespass on his person and were therefore null and void.

The lawsuit was brought by Reid against Casey Jean Baptiste, the Commissioner of Police, and the Attorney General, following a series of interactions with police dating back to 2021.

In examining the November 2022 incident, the court noted that Reid had been stopped for seatbelt and mobile phone violations—both fixed-penalty offences under traffic law.

Justice Byer found that these offences did not give police the power to arrest. The judge concluded that what should have been a routine traffic stop escalated unnecessarily, describing the response as heavy-handed and inconsistent with the statutory framework governing traffic enforcemen.

The court also ruled in Reid’s favour on the issue of driver’s licence suspension, declaring that only the Commissioner of Police has the authority to suspend a driver’s licence pending trial for dangerous driving.

The judgment found that actions taken by officers in 2021 to enforce what was believed to be a suspension were not carried out in accordance with the law.

However, the court rejected Reid’s claims of malicious prosecution and harassment, finding that he failed to establish the necessary legal elements, including proof that criminal proceedings had concluded in his favour.

The judge also declined to rule that police abused their authority by refusing station bail in November 2022, noting that bail decisions are discretionary and that insufficient evidence was presented to show an abuse of that discretion.

In relation to Reid’s earlier arrest in May 2021 for dangerous driving, the court found that police acted lawfully. Justice Byer accepted evidence that Reid failed to provide his name, address, or driver’s licence at the time, circumstances which activated the statutory power of arrest under the Vehicle and Road Traffic Act.

As a result of the findings, Reid has been granted leave to apply for an assessment of damages arising from the unlawful arrest and detention in November 2022.

He has been given 21 days to file that application, after which the matter will be managed by a Master of the High Court.

The court also awarded Reid 75 percent of his costs, reflecting his partial success in the claim.