Mackalley’s case: 1611

If an officer or magistrate is killed when executing a process or preserving the peace, the offence is murder and remains so even if there is some defect in the process being executed, or the arrest was being made at night.
Constables were described as ministers of the King.


(1611) 9 Co Rep 65 b, (1611) Cro Jac 279, [1611] ER 824, [1572] EngR 233, (1572-1616) 9 Co Rep 61, (1572) 77 ER 824




England and Wales


See AlsoMackalley’s Case 1572
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Cited by:

CitedWoolmington v Director of Public Prosecutions HL 23-May-1935
Golden Thread of British Justice – Proof of Intent
The appellant had been convicted of the murder of his wife. She had left him and returned to live with her mother. He went to the house. He said he intended to frighten her that he would kill himself if she did not return. He wired a shotgun to . .
CitedChristie v Leachinsky HL 25-Mar-1947
Arrested Person must be told basis of the Arrest
Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .
CitedConway v Rimmer HL 28-Feb-1968
Crown Privilege for Documents held by the Polie
The plaintiff probationary police constable had been investigated, prosecuted and cleared of an allegation of theft. He now claimed damages for malicious prosecution, and in the course of the action, sought disclosure of five documents, but these . .
Lists of cited by and citing cases may be incomplete.


Updated: 01 February 2022; Ref: scu.223124