Source: All England Reporter
Publisher Citation: [2011] All ER (D) 138 (Jan)
Neutral Citation: [2011] EWCA Crim 273
Court: Court of Appeal, Criminal Division
Judge:

Lord Judge CJ, Eady and Simon JJ (judgment delivered extempore)
Representation Simon Phillips (assigned by the Registrar of Criminal Appeals) for the defendant.
  David Jackson (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 20 January 2011

Catchwords

Police - Powers - Arrest - Suspicion of arrestable offence - Attempting to escape lawful custody - Police officers attending court and noticing suspect wanted on suspicion of committing criminal offence - Officers placing handcuffs on defendant and instructing him to wait to be arrested by other police officers - Defendant running away and being subsequently arrested - Defendant being convicted - Whether elements of offence made out - Whether offence extending to those escaping from police custody or control prior to arrest - Whether conviction unsafe.

The Case

Police Powers . The Court of Appeal, Criminal Division, held that the offence of escaping from lawful custody did not cover those who escaped from police custody or control before they had been arrested and the court could not widen the ambit of the offence by making it apply in circumstances where police officers had postponed arrest. There was no broad power of police to detain citizens. Accordingly, the appeal against conviction of attempting to escape arrest, in respect of a defendant who had attempted to run off before he had actually been arrested, would be allowed and the conviction would be quashed.

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