The police went to the defendant’s flat to find her boyfriend. She refused them access, but when they saw him, the police officers called out that he was under arrest under the 1995 Act, and forced their way past the door and the defendant. The defendant appealed her conviction under the 1967 Act.
Held: The court was asked whether a police officer is entitled, without a warrant, to enter private property against the wishes of the householder in order to detain a person under section 14. It was now accepted that the boyfriend had not yet been arrested. The Act contained a power to use reasonable force to effect an arrest, but no power of entry had been given. The officers had no warrant, and therefore no authority to enter the house. The conviction was quashed.
Lord Wheatley, Lord Reed, Lord Carloway
[2008] ScotHC HCJAC – 55, 2008 GWD 31-476, 2008 SCCR 887, 2008 SCL 1316, 2008 SLT 978, 2009 JC 25, [2008] HCJAC 55
Bailii
Criminal Procedure (Scotland) Act 1995 14, Police (Scotland) Act 1967 41(1)(a)
Scotland
Citing:
Cited – Brawls v Walkingshaw HCJ 1994
The court interpreted what was meant by ‘detained’ within the section: ‘The essential element of detention, within the proper meaning of that word, is the intervention of some outside agency to ensure that the person remains where he has been put. . .
Cited – Entick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .
Cited – Great Central Railway Co v Bates CA 1921
A police officer has no right to enter land merely because most reasonable householders ‘would not as a rule object if the matter was done bona fide and no nuisance was caused’ . .
Cited – Campbell v Vannet 1997
Police officers who had just seen a serious crime (of supplying or offering to supply heroin) being committed from within premises were held to be entitled to force entry to the premises with a view to apprehending the person who was suspected of . .
Cited – Turnbull v Scott 1990
Police officers had gone to the appellant’s house to arrest him under section 2 of the 1980 Act. They obtained no response after knocking at the front door, although at one point the appellant appeared at an upper window. Finding the back door ajar, . .
Cited – Eccles v Bourque 11-Oct-1974
Canlii (Supreme Court of Canada) An action was brought by the appellant against the respondents, three constables on the Vancouver Police Force, for damages for trespass alleged to have been committed when the . .
Cited – Kuru v State of New South Wales 12-Jun-2008
Austlii (High Court of Australia) Torts – Trespass to land – Power of police to enter private premises – Police officers went to suburban flat after receiving report of male and female arguing – Police treated . .
Cited – Morris v Beardmore HL 1981
Parliament does not intend to authorise tortious conduct except by express provision. It is not for the courts to alter the balance between individual rights and the powers of public officials. The right of privacy is fundamental.
Lord Scarman . .
Cited – Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. . .
Cited – Halliday v Nevill 6-Dec-1984
(High Court of Australia) Criminal Law – Arrest – Police officer pursuing disqualified driver into driveway of private dwelling – Arrest in driveway – Occupier’s permission not required – Whether implied licence to enter driveway – Lawfulness of . .
Cited – Handyside v The United Kingdom ECHR 7-Dec-1976
The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to . .
Lists of cited by and citing cases may be incomplete.
Crime, Constitutional
Updated: 09 November 2021; Ref: scu.276517
