A police officer does not have an unfettered right to restrict movements on private land.
Ashworth J said: ‘In the judgment of this court it would be difficult . . to reduce within specific limits the general terms in which the duties of police constables have been expressed. In most cases it is probably more convenient to consider what the police constable was actually doing and in particular whether such conduct was prima facie an unlawful interference with a person’s liberty or property.’
Judges:
Ashworth J
Citations:
(1963) 48 CR R42, [1964] LR 1 KB 164
Cited by:
Cited – Director of Public Prosecutions v Morrison Admn 4-Apr-2003
The Director appealed dismissal of charges under the Acts against the respondent. There had been a fight in a shopping mall. The mall was private land over which there was a public right of way. The respondent objected when the officer taped off an . .
Cited – McCann v Crown Prosecution Service Admn 21-Aug-2015
Appeal by case stated against conviction for obstructing a police officer in the execution of his duty. The appellant had been protesting. She, correctly, thought the land to be a rivate highway. The police officer had thought it a public hghway and . .
Lists of cited by and citing cases may be incomplete.
Police
Updated: 28 April 2022; Ref: scu.181402
