The defendant had been in a road traffic accident. The police came to his house to investigate the accident, but he refused to unlock the door to allow them entry. Stating reliance on section 4 of the 1988 Act, the officers threatened to force entry. He was later charged and convicted under section 51(3) of the 1964 Act of wilfully obstructing the officers. He now appealed saying that the officers had not given their reason for wanting entry.
Held: The appeal failed. They had a statutory right to enter, and this was independent of any failure to give reasons. In such circumstamces, the failure to allow the officers entry could amount to the offence of wilful obstruction.
[1993] Crim LR 534
Road Traffic Act 1988 4, Police Act 1964 51(3)
England and Wales
Citing:
Cited – Hinchcliffe v Sheldon QBD 20-Jan-1955
The appellant was the son of the licensee of an inn. On returning to the inn one night at about 11.17, he found that police officers wished to enter the premises as they suspected that the licensee was committing an offence under the Licensing Act . .
Cited – Swales v Cox CA 1981
Police officers had entered a house in pursuit of a suspected burglar.
Held: It is a condition of any lawful breaking of premises that the person seeking entry has demanded and been refused entry by the occupier.
Donaldson LJ said: ‘it . .
Cited – Dibble v Ingleton 1972
A motorist was suspected of driving under the influence of alcohol and was required to provide a specimen of breath. He claimed that he had consumed alcohol only a few minutes earlier and the constable had to wait until 20 minutes had elapsed before . .
Cited – Bastable v Little 1907
The police had set up a series of speed traps in London Road, Croydon. Mr Little occupied himself giving warning signals to drivers approaching the traps, thus ensuring that they did not exceed the speed limit. There was no evidence that the drivers . .
Cited – Rice v Connolly 1966
No Legal Duty to Assist a Constable
At common law there is no legal duty to provide the police with information or otherwise to assist them with their inquiries. Lord Parker set out three questions to be answered when asking whether there had been an obstruction of an officer in the . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 July 2021; Ref: scu.550173