The case concerned an appeal following a demonstration. The Chief constable had made an order under section 60, anticipating serious violence. The respondent wore a mask, and the officer reached out to remove it. She hit out and broke his glasses. He did nothing to identify himself or the purpose of his action. Magistrates decided he had failed to comply with the PACE requirements before his action.
Held: The new section is a significant interference with the civil liberties of the citizen. However the request to remove the mask is explanation enough of its purpose. Parliament had considered these issues and set out the powers it required. The prosecution’s appeal was allowed.
Judges:
Lord Justice Brooke and Mr Justice Newman
Citations:
Times 08-Nov-2001, [2001] EWHC Admin 784
Links:
Statutes:
Criminal Justice and Public Order Act 1994 60, Police and Criminal Evidence Act 1984
Citing:
Cited – Christie v Leachinsky HL 25-Mar-1947
Arrested Person must be told basis of the Arrest
Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .
Lists of cited by and citing cases may be incomplete.
Police, Human Rights
Updated: 04 June 2022; Ref: scu.166540