Blench v DPP

The police officers were lawfully on the premises under section 17(1)(e) of the Police and Criminal Evidence Act 1984 due to a credible emergency call regarding a child at risk. The appellant's aggressive conduct and obstruction constituted a breach of the peace and justified his arrest. The officers acted within the execution of their duty at all material times, and the requirements of section 28(3) were satisfied as far as practicable. The conviction for assaulting a police constable in the execution of his duty was therefore upheld.

Parties: Appellant: Blench; Respondent: DPP
Jurisdiction: England and Wales
Judgment Date: 05 November 2004
Procedural Posture: Criminal Appeal by Way of Case Stated / Judgment on Appeal
Outcome: Appeal dismissed
Legal Topics: Assaulting a Police Officer, Breach of the Peace, Police Entry and Arrest Powers, Section 17 Police and Criminal Evidence Act 1984

Criminal Law Police Powers Assaulting a Police Officer Breach of the Peace Police Entry and Arrest Powers Section 17 Police and Criminal Evidence Act 1984

Case Brief

Summary, issues, holding and outcome

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Parties

Blench

Appellant

DPP

Respondent

Procedural Posture

Criminal Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

1 Whether there was evidence to support the conviction for assaulting a police constable in the execution of his duty
2 Whether the police officers were lawfully on the premises under section 17(1)(e) of the Police and Criminal Evidence Act 1984
3 Whether the appellant had the right to deny police entry

Ratio Decidendi

Court Disposition

Appeal dismissed