Blench v DPP [2004] EWHC 2717 (Admin) (5 November 2004)

Blench v DPP [2004] EWHC 2717 (Admin) (5 November 2004)

Police officers lawfully entered and remained on the property under section 17(1)(e) PACE 1984 due to a credible emergency call; appellant's aggressive conduct and obstruction constituted a breach of the peace and justified arrest; the assault on the officer occurred while the officer was acting in execution of...

Source-derived case information.

Citation
[2004] EWHC 2717 (Admin)
Parties
Appellant: Blench; Respondent: DPP
Jurisdiction
England and Wales
Judgment Date
05 November 2004
Procedural Posture
Appeal by Way of Case Stated (criminal) / Divisional Court Judgment
Outcome
Appeal dismissed
Legal Topics
Assault on Police Officer, Breach of the Peace, Police Entry and Arrest Powers, Section 17 Police and Criminal Evidence Act 1984, Section 89 Police Act 1996
Criminal Law Police Powers Assault on Police Officer Breach of the Peace Police Entry and Arrest Powers Section 17 Police and Criminal Evidence Act 1984 Section 89 Police Act 1996

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Blench

Appellant

DPP

Respondent

Procedural Posture

Appeal by Way of Case Stated (criminal) / Divisional Court Judgment

Legal Issues

  1. 1 Whether there was evidence to support conviction for assaulting a police constable in execution of duty
  2. 2 Whether police entry and arrest were lawful under section 17(1)(e) Police and Criminal Evidence Act 1984
  3. 3 Whether appellant could lawfully deny police entry

Ratio Decidendi

Police officers lawfully entered and remained on the property under section 17(1)(e) PACE 1984 due to a credible emergency call; appellant's aggressive conduct and obstruction constituted a breach of the peace and justified arrest; the assault on the officer occurred while the officer was acting in execution of duty; delay in informing appellant of assault arrest did not affect lawfulness of detention or conviction.

Court Disposition

Appeal dismissed

Orders

  • Conviction upheld
  • No adverse inference from appellant's failure to give evidence