The police went to detain the appellant under the 1983 Act. To do so they entered the property against her wishes. She resisted detention, and now appealed her conviction for assaulting the Police officers in the execution of their duty, saying that the entry was unlawful, and that detention under the 1983 Act was not an arrest.
Held: The officers could not claim to have been in pursuit of her so as to justify the entry to the property. The case was remitted for the convictions to be discharged.
Judges:
Lord Keith of Kinke, Lord Roskil, Lord Jauncey of Tullichettl, Lord Lowr, Lord Browne-Wilkinson
Citations:
[1992] UKHL 10, [1992] 4 All ER 545, [1992] 1 WLR 1073
Links:
Statutes:
Police Act 1964 51(1), Mental Health Act 1983 137, Police and Criminal Evidence Act 1984 17(1)(d)
Jurisdiction:
England and Wales
Citing:
Cited – Edwards (Inspector of Taxes) v Bairstow HL 25-Jul-1955
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’.
Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only . .
Cited – Hart v Chief Constable of Kent QBD 1983
The defendant had an accident while driving a car and was tracked to his home by a police dog. He gave a positive specimen of breath standing partly inside and partly outside the house. When told he was being arrested he pulled back into the house . .
Lists of cited by and citing cases may be incomplete.
Crime, Police
Updated: 09 July 2022; Ref: scu.248755