Director of Public Prosecutions v Kitching: 1989

The statutory power of arrest in section 91 of the CJA 1967 for the offence of drunk and disorderly in a public place was not repealed by section 26(1), despite the absence of any reference thereto in Schedule 2 to PACE.

Citations:

[1990] COD 149, [1990] CLR 394, Times 17-Nov-1989

Statutes:

Criminal Justice Act 1967 91(1), Police and Criminal Evidence Act 1984 25 26

Jurisdiction:

England and Wales

Cited by:

CitedBurke v Chief Constable of Merseyside Police CA 12-Jan-1999
The claimant had lost actions for false imprisonment, malicious prosecution and assault. He sought leave to appeal out of time.
Held: The reasons for requesting an adjournment were quite inadequate, and in the light of Kitching, the case was . .
CitedGapper v Chief Constable of Avon and Somerset Constabulary CA 2-Jul-1998
The court asked whether the power of arrest under s6 of the 1864 Act survived s26 of the 1984 Act.
Held: The 1984 Act affected only the powers given to police officers as police officers. The power under s6 of the Vagrancy Act applied to any . .
Lists of cited by and citing cases may be incomplete.

Crime, Police

Updated: 16 May 2022; Ref: scu.196917