||All England Reporter
|| All ER (D) 138 (Jan)
|| EWCA Crim 273
||Court of Appeal, Criminal Division
Lord Judge CJ, Eady and Simon JJ (judgment delivered extempore)
||Simon Phillips (assigned by the Registrar of Criminal Appeals) for the defendant.
||David Jackson (instructed by the Crown Prosecution Service) for the Crown.
||20 January 2011
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.
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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