Oraki v Director of Public Prosecutions: Admn 17 Jan 2018

The court was asked whether the defence of self defence was available on a charge of obstructing a police officer.
Held: ‘The defence of self-defence or defence of another person is, as a matter of law, available in relation to the offence of obstructing a constable in the execution of his duty under s.89(2) of the Police Act 1996. Since, in the circumstances of the present case the Crown Court was of the view that if that defence had been available as a matter of law, it would have succeeded on the facts. I would allow this appeal, and quash the conviction in this case.’

Citations:

[2018] EWHC 115 (Admin), [2018] 2 WLR 1725

Links:

Bailii

Statutes:

Police Act 1996

Jurisdiction:

England and Wales

Crime

Updated: 23 April 2022; Ref: scu.618095