The Director appealed dismissal of charges under the Acts against the respondent. There had been a fight in a shopping mall. The mall was private land over which there was a public right of way. The respondent objected when the officer taped off an area of the mall to investigate.
Held: The owner of the land would be able to withdraw access, and an officer acting within the law could be assumed to have the owner’s consent to do the same thing. If it was lawful to cordon an area off, he was acting lawfully in preventing access, and the arrest was lawful. Appeal allowed.
Judges:
Lord Justice Kennedy, Mr Justice Hooper
Citations:
[2003] EWHC 683 (Admin), Times 21-Apr-2003
Links:
Statutes:
Public Order Act 1986 5, Police Act 1996 89(2)
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Waterfield and Lynn 1963
A police officer does not have an unfettered right to restrict movements on private land.
Ashworth J said: ‘In the judgment of this court it would be difficult . . to reduce within specific limits the general terms in which the duties of . .
Cited – Ghani v Jones CA 1970
The court was asked as to the powers of the police to retain objects taken and impounded.
Held: The privacy and possessions of an individual were not to be invaded except for the most compelling reasons.
Lord Denning MR said: ‘Balancing . .
Lists of cited by and citing cases may be incomplete.
Police, Crime
Updated: 12 November 2022; Ref: scu.180751