References: [1993] Crim LR 534
Ratio: The defendant had been in a road traffic accident. The police came to his house to investigate the accident, but he refused to unlock the door to allow them entry. Stating reliance on section 4 of the 1988 Act, the officers threatened to force entry. He was later charged and convicted under section 51(3) of the 1964 Act of wilfully obstructing the officers. He now appealed saying that the officers had not given their reason for wanting entry.
Held: The appeal failed. They had a statutory right to enter, and this was independent of any failure to give reasons. In such circumstamces, the failure to allow the officers entry could amount to the offence of wilful obstruction.
Statutes: Road Traffic Act 1988 4, Police Act 1964 51(3)
This case cites:
- Cited – Hinchcliffe v Sheldon QBD ([1955] NZ Police Law Rp 18, [1955] 1 WLR 1207, [1955] 3 All ER 406, (1955) 120 JP 13, NZLII)
The appellant was the son of the licensee of an inn. On returning to the inn one night at about 11.17, he found that police officers wished to enter the premises as they suspected that the licensee was committing an offence under the Licensing Act . . - Cited – Swales v Cox CA ([1981] QB 849, [1981] 1 All ER 1115, [1981] 2 WLR 814)
Police officers had entered a house in pursuit of a suspected burglar.
Held: It is a condition of any lawful breaking of premises that the person seeking entry has demanded and been refused entry by the occupier.
Donaldson LJ said: ‘it . . - Cited – Dibble v Ingleton ([1972] 1 QB 480)
A motorist was suspected of driving under the influence of alcohol and was required to provide a specimen of breath. He claimed that he had consumed alcohol only a few minutes earlier and the constable had to wait until 20 minutes had elapsed before . . - Cited – Bastable v Little ([1907] 1 KB 59)
The police had set up a series of speed traps in London Road, Croydon. Mr Little occupied himself giving warning signals to drivers approaching the traps, thus ensuring that they did not exceed the speed limit. There was no evidence that the drivers . . - Cited – Rice v Connolly ([1966] 2 QB 414, [1966] 3 WLR 17)
At common law there is no legal duty to provide the police with information or otherwise to assist them with their inquiries. Lord Parker set out three questions to be answered when asking whether there had been an obstruction of an officer in the . .
(This list may be incomplete)
Last Update: 05 June 2017
Ref: 550173
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