Source: All England Reporter
Publisher Citation: [2013] All ER (D) 198 (Jan)
Neutral Citation: [2012] EWHC 3398 (Admin)
Court: Queen's Bench Division, Administrative Court (London)

Cranston J

Representation Mathew Turner (instructed by O'Neill Wright & Nash) for the defendant.
  John McGuinness QC (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 26 October 2012


Criminal law - Trial - No case to answer - Defendant and police officer being involved in altercation - Police officer considering options before taking hold of defendant's arm - Police officer arresting defendant for, inter alia, resisting police officer in execution of duty - Defendant making no case to answer submission at trial - Defendant being convicted - Defendant appealing - Whether judges erring in finding defendant having case to answer.

The Case

Criminal law Trial. The defendant was convicted of resisting a police officer in the execution of his duty despite his submission that he had no case to answer. On appeal, the Administrative Court held that the police officer had taken hold of the defendant's arm before forming the settled intention to arrest him. On that basis, the police officer had ceased acting in the execution of his duty and the defendant, accordingly, had had no case to answer.

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