A police officer attended a domestic incident. Not intending to arrest the husband, he nevertheless placed his hand on the defendant to restrain him. The defendant, believing he was being arrested, struggled to escape and the officer was injured.
Held: The judge had misdirected the jury. If, in fact, the restraint was unlawful, then the defendant was entitled to use reasonable force to escape from it. The fact that he believed that the restraint was a lawful arrest did not affect that right.
Judges:
Lord Justice Kay, Mr Justice Andrew Smith and Judge Colston, QC
Citations:
Times 17-Jun-2002
Jurisdiction:
England and Wales
Crime, Police
Updated: 26 August 2022; Ref: scu.173990