Rawlins v Crown Prosecution Service [2018] EWHC 2533 (Admin) (03 October 2018)

Rawlins v Crown Prosecution Service [2018] EWHC 2533 (Admin) (03 October 2018)

The appellant's physical aggression towards the officers constituted an imminent breach of the peace, justifying lawful arrest; there was no evidence of unlawful eviction, and the officers acted in the execution of their duty.

Citation
[2018] EWHC 2533 (Admin)
Parties
Appellant: Armani Rawlins; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
03 October 2018
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Assault on Constable, Breach of the Peace, Lawful Arrest, Unlawful Eviction, Reasonableness of Police Action
Criminal Law Police Powers Administrative Law Assault on Constable Breach of the Peace Lawful Arrest Unlawful Eviction Reasonableness of Police Action

Case Brief

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Parties

Armani Rawlins

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether there were reasonable grounds to arrest the appellant to prevent a breach of the peace
  2. 2 Whether police officers were unlawfully evicting the appellant
  3. 3 Admissibility of police statements as hearsay

Ratio Decidendi

The appellant's physical aggression towards the officers constituted an imminent breach of the peace, justifying lawful arrest; there was no evidence of unlawful eviction, and the officers acted in the execution of their duty.

Court Disposition

Appeal dismissed

Orders

  • Questions (b) and (c) answered in the affirmative
  • Conviction upheld