The defendant appealed against his conviction for assaulting a police officer in the execution of his duty under section 89. He had argued that he had no case to answer. The officers had received an emergency call to the house, but the female caller had told them then not to come. On arrival, the defendant had told them to get off his property. Fearing violence to a child, the police used CS gas to obtain entry under the 1984 Act and arrested him for breach of the peace.
Held: The appeal failed. The police had information that a child was at risk. They had the power under the 1984 Act to enter to investigate that matter, and their actions were lawful. Since their actions were under the 1984 Act, the questions detailed in Bibby, which dealt with the use of common law powers, did not arise.
Judges:
Thomas LJ, Fulford J
Citations:
[2004] EWHC 2717 (Admin)
Links:
Statutes:
Police Act 1996 89, Police and Criminal Evidence Act 1984
17(1)(e)
Jurisdiction:
England and Wales
Citing:
Cited – Bibby v Chief Constable of Essex Police CA 6-Apr-2000
A bailiff sought to execute against goods in a shop against the will of the occupier. The police attended and when tempers were raised the police officer anticipated a breach of the peace by the bailiff and arrested him. He sought damages for that . .
Cited – Albert v Lavin HL 3-Dec-1981
An off duty and out of uniform police officer attempted to restrain the defendant jumping ahead of a bus queue. The defendant struggled, and continued to do so even after being told that of the officer’s status. He said he had not believed that he . .
Cited – Laporte, Regina (on the Application of) v Gloucestershire Constabulary and others Admn 19-Feb-2004
The court considered a claim for judicial review of a police officer’s decision to turn back a number of coaches. Each coach contained passengers en route to join a demonstration at an RAF base in Gloucestershire, the officer honestly and reasonably . .
Cited – Snook v Mannion QBD 1982
The police officer refused to leave premises after being told to ‘Fuck off’.
Held: Whether such words amounted to a withdrawal of the officer’s licence to be on the land was a question of fact in the circumstances. . .
Cited – Davis v Lisle CA 1936
Two police officers, one in plain clothes and the other in uniform, passed by a lorry causing an obstruction in the highway outside a garage. Two men were repairing it. Some minutes later they returned and saw that the lorry had been moved into the . .
Cited – Riley v Director of Public Prosecutions Admn 1990
A police officer is not acting in the execution of his duty by arresting or detaining someone unless that arrest or detention is lawful. Justices are not entitled to infer that a police officer was acting in the course of his duty in carrying out a . .
Lists of cited by and citing cases may be incomplete.
Crime, Police
Updated: 25 August 2022; Ref: scu.425319