An apprehension under s 128 of the Police Administration Act for protective custody is unlawful where neither officer had reasonable grounds to believe the person was intoxicated, and the true purpose was to question the person about an alleged offence. A prior acquittal on a criminal charge does not estop the defendant from asserting the lawfulness of the arrest in civil proceedings. Reliance on s 19 of the Personal Injuries (Liabilities and Damages) Act must be pleaded, and it is doubtful whether s 19 applies to claims for false imprisonment at all.
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