Source: All England Reporter
Publisher Citation: [2010] All ER (D) 48 (Jan)
Neutral Citation: [2010] EWHC 81 (Admin)
Court: Queen's Bench Division, Divisional Court

Collins and Silber JJ (Judgment delivered extempore)

Representation Lucy Tapper (instructed by Reed Solicitors, Oxford) for the appellant.
  The respondent did not appear and was not represented.
Judgment Dates: 13 January 2010


Police - Powers - Entry and search of premises - Entry and search of premises by force without warrant - Police officers attempting to enter appellant's private premises after appellant spitting on one officer and headbutting another - Officers concerned about welfare of person(s) within premises - Appellant charged and found guilty of assault on a constable in execution of duty - Whether officers satisfying test concerning entry and search of premises by force without warrant - Whether conviction ought to stand - s 17(1)(e).

The Case

Police Powers. The Divisional Court held, in allowing the instant appeal, that the decision of justices to convict the appellant of an offence of assaulting a constable in the execution of his duty, contrary to s89 of the was not correct where they had been satisfied that officers had, in attempting to enter the appellant's private premises, been 'concerned about the welfare of person(s) within [the premises]'. That was not the same as what s17(1)(e) of the required, namely, '... a constable may enter and search any premises for the purpose of saving life or limb or preventing serious damage to property.'

If you are a LexisLibrary subscriber you can read more about this case here.