The defendant had been charged with assaulting a police officer in the execution of his duty. The prosecutor appealed a finding of no case to answer. He had been present in a house when the police executed search warrants. He had refused to obey an order requiring him to stay in one room whilst an officer searched the remainder of the house.
Held: The warrant had been to search both the house and anybody present. That implied a power to detain the person to be searched for a short period. There is no general power of arrest for obstructing a police officer in the execution of his duty.
Rose LJ, Jackson J
[2003] EWHC 3005 (Admin), Times 02-Jan-2004, [2004] 1 WLR 945, [2004] 4 All ER 75
Bailii
Police Act 1996 89(1) 89(2), Police and Criminal Evidence Act 1984
England and Wales
Citing:
Distinguished – Chief Constable of Thames Valley Police v Hepburn CA 13-Dec-2002
The claimant sought damages from the police. They had executed a search warrant, and one officer detained the claimant during the raid.
Held: A person who mistakenly restrained an individual in the mistaken belief that he had been lawfully . .
Cited – Donnelly v Jackman 1970
Turner J considered the law of attempt: ‘He who sets out to commit a crime may in the event fall short of the complete commission of that crime for any one of a number of reasons. First, he may, of course, simply change his mind before committing . .
Cited – Regina v Rahman CACD 1985
False imprisonment is a common law offence, defined as consisting in ‘the unlawful and intentional or reckless restraint of a victim’s freedom of movement from a particular place. In other words it is unlawful detention which stops the victim moving . .
Cited – O’Loughlin v Chief Constable of Essex CA 12-Dec-1997
Police, when using force to enter premises, must still give their reasons for effecting their entry, to the occupant, unless this was impossible or undesirable.
Buxton LJ said: ‘This paragraph strictly speaking did not apply in the present . .
Cited – Regina v Jones; Regina v Nelson CACD 26-Mar-1999
Police officers have no power to use reasonable force, to compel a suspect to undergo an identification by confrontation. Powers generally phrased in the Act did not override an individual suspect’s rights. Beldam LJ said that the requirement that . .
Cited – Bentley v Brudzinski QBD 1982
A police officer arrived at a situation. Answering a signal from a colleague, he placed his hand on the shoulder of a man in order to attract his attention. The man the hit the officer and was charged with assaulting the officer in the execution of . .
These lists may be incomplete.
Updated: 18 July 2021; Ref: scu.189143
