Source: All England Reporter
Publisher Citation: [2001] All ER (D) 58 (Dec)
Court: Divisional Court
Judge:

Sullivan J
Representation Nigel Ley (instructed by Cater Walsh & Co) for H.
  Kerry Barker (instructed by the Crown Prosecution Service, West Wiltshire) for the prosecution.
Judgment Dates: 5 December 2001

Catchwords

Road traffic - Driving whilst unfit to drive through drink or drugs - Arrest without warrant - Appellant not answering door to police - Police forcing door - Appellant resisting arrest and refusing to supply specimen at police station - Whether police trespassers - Whether words used on arrest accurate summary of offence - Whether evidence of events at police station should be excluded - Road Traffic Act, s 4(1), 4(7), 5(1) - s 78.

The Case

A court ruled that although police constables had, in the circumstances, entered the appellant's home in accordance with s4(7) of the the appellant's arrest had been unlawful because, on the evidence, the words used when arresting the appellant were not an adequate summary of an offence under s4 of the 1988 Act, which contained a power of arrest, but were an adequate summary of the offence under s5 of that Act, which did not contain a power of arrest. It followed that the appellant's convictions for resisting officers in the execution of their duty would be quashed.

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