A FATHER who was handcuffed while asleep at his home is to sue Lancashire police for wrongful arrest and false imprisonment.

Colin Cardwell, 25, of Blackpool Street, Church, won his Burnley Crown Court appeal against charges of causing a breach of the peace and assaulting a policeman.

Mr Cardwell was arrested at his former home in Central Avenue, Oswaldtwistle, in May.

He had been convicted of the offences at a trial before Hyndburn magistrates in August, when arresting officer PC Paul Schofield told the court he had handcuffed Mr Cardwell in his sleep because he feared an imminent breach of the peace.

Mr Cardwell said today: "I'm going to be making a claim for false arrest over what happened.

"My solicitor is dealing with it and that's about all I can say at the moment."

Joanne Kearsley, of Farleys Solicitors, confirmed that an action for wrongful arrest and false imprisonment was being prepared.

Officers were called to the house by Mr Cardwell's wife Joanne, who said her husband was being violent.

PC Schofield told the trial Mrs Cardwell was outside the house, holding her baby and clutching a knife, and asking for her husband to be removed from the house.

PC Schofield said he and PC Riley found Mr Cardwell asleep upstairs.

They handcuffed him, walked him to the top of the stairs and told him he was under arrest for breaching the peace.

Mr Cardwell's defence solicitor Richard Prew claimed the arrest was unlawful.

He said Mr Cardwell had been extremely drunk, had fallen asleep and might not have woken for up to eight hours. He cited cases from the Court of Appeal and claimed officers had no right to arrest Mr Cardwell because a further breach of the peace was not threatened, and although a breach might have happened earlier, it could not be proved.

Anthony Cross, representing Mr Cardwell at the appeal hearing, suggested the officer went into the house with a predisposition to arrest Mr Cardwell "come hell or high water," which was why he handcuffed Mr Cardwell without speaking to him first.

He claimed that Mr Cardwell had been treated in a "heavy-handed" manner.

After his arrest, Mr Cardwell kicked PC Schofield in the face, cutting his cheek, as he was led from a police van into Accrington police station.

Mr Cardwell, who was still handcuffed during the scuffle, ended up on his back and kicked PC Schofield in the face,

Mr Prew told magistrates that Cardwell's assault on the officer was reasonable behaviour because he had been unlawfully arrested.

A spokesman for Lancashire police said: "We are aware that Mr Cardwell won his appeal case. We are still awaiting a formal complaint about the matter."

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