| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 71 (Apr) |
| Neutral Citation: | [2003] EWHC 683 (Admin) |
| Court: | Divisional Court |
| Judge: | Kennedy LJ and Hooper J |
| Representation | Stephen John (instructed by the Crown Prosecution Service) for the prosecution. |
| Patrick Roche (instructed by Deighton Guedalla) for the respondent. | |
| Judgment Dates: | 4 April 2003 |
Catchwords
Police - Police officer - Powers - Investigation of crime - Existence of power to cordon off privately owned area over which public had right of way.
The Case
Police officers who erected a cordon around privately owned land over which a public right of way existed when seeking to investigate a crime and to preserve evidence were not acting illegally provided they did not go beyond what was reasonable in the circumstances. It would be absurd if before police officers could preserve the scene of a crime they had to discover whether the land was privately-owned, who was the owner, and whether he or she would give their consent.
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