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 case, because no search was contemplated. It is, however, a strong indication of the importance and relevance of the officer who seeks entry explaining his authority, and certainly explaining the reason why he seeks entry. I therefore respectfully agree with the burden of Donaldson LJ’s judgment that a very important factor in deciding whether the police have proved that use of force to enter was necessary. . is whether before using force the police have explained the (proper) reason why they require entry, and none the less have been refused.’
Roch LJ referred to the ‘severe burden which a constable has to discharge when trying to prove that the use of force was really necessary in order to justify his use of force.’
Judges:
Buxton, Thorpe, Roch LJJ
Citations:
Times 12-Dec-1997, [1997] EWCA Civ 2891, [1998] 1 WLR 374
Links:
Statutes:
Police and Criminal Evidence Act 1984
Jurisdiction:
England and Wales
Cited by:
Cited – Keegan and Others v Chief Constable of Merseyside CA 3-Jul-2003
The police had information suggesting (wrongly) that a fugitive resided at an address. An armed raid followed, and the claimant occupant sought damages.
Held: The tort of malicious procurement of a search warrant required it to be established . .
Cited – Director of Public Prosecutions v Meaden Admn 1-Dec-2003
The defendant had been charged with assaulting a police officer in the execution of his duty. The prosecutor appealed a finding of no case to answer. He had been present in a house when the police executed search warrants. He had refused to obey an . .
Applied – Linehan v Director of Public Prosecutions Admn 8-Oct-1999
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 . .
Cited – Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another SC 17-Dec-2015
The Court considered the validity of suspicionless stop and search activities under s 60 of the 1994 Act, by police officers.
Held: The claimant’s appeal failed. The safeguards attending the use of the s 60 power, and in particular the . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Police
Updated: 13 November 2022; Ref: scu.84447
