Appeal by way of Case Stated against a decision convicting the Applicant of two charges of assaulting a constable in the execution of his duty, contrary to section 89(1) of the Police Act 1996. He had refused entry to officers acting under a section 18 authority, the appellant’s sone being in custody.
Held: The facts recorded as having been found in the Case Stated do not include any proposition to the effect that the officers explained that they proposed to search the premises for the proceeds of a burglary for which the Applicant’s son had been arrested. The appeal was allowed.
Laws LJ, Potts J
[1999] EWHC 4005 (Admin)
Bailii
Police Act 1996 89(1), Police & Criminal Evidence Act 1984 18
England and Wales
Citing:
Applied – 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 . .
Lists of cited by and citing cases may be incomplete.
Crime, Police
Updated: 02 January 2022; Ref: scu.550584
