Dixon v Crown Prosecution Service [2018] EWHC 3154 (Admin) (20 November 2018)

Dixon v Crown Prosecution Service [2018] EWHC 3154 (Admin) (20 November 2018)

On the facts found, PC Dolling was acting in the execution of his duty when bitten by the appellant because he reasonably believed the appellant might be about to use unlawful force, justifying intervention to prevent a crime, regardless of the lawfulness of the initial detention by other officers.

Source-derived case information.

Citation
[2018] EWHC 3154 (Admin)
Parties
Appellant: Corey Dixon; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
20 November 2018
Procedural Posture
Appeal by Case Stated (criminal) / High Court (divisional Court) Judgment on Appeal From Crown Court
Outcome
Appeal dismissed
Legal Topics
Assaulting a Constable in Execution of Duty, Lawfulness of Police Conduct, Self Defence, Reasonable Force, Police Powers, Appeal Procedure
Criminal Law Police Law Assaulting a Constable in Execution of Duty Lawfulness of Police Conduct Self Defence Reasonable Force Police Powers Appeal Procedure

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Summary, issues, holding and outcome

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Parties

Corey Dixon

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Appeal by Case Stated (criminal) / High Court (divisional Court) Judgment on Appeal From Crown Court

Legal Issues

  1. 1 Whether PC Dolling was acting in the execution of his duty when assaulted by the appellant
  2. 2 Whether the appellant's use of force was reasonable self-defence
  3. 3 Whether the lawfulness of one officer's actions affects the status of another officer's conduct

Ratio Decidendi

On the facts found, PC Dolling was acting in the execution of his duty when bitten by the appellant because he reasonably believed the appellant might be about to use unlawful force, justifying intervention to prevent a crime, regardless of the lawfulness of the initial detention by other officers.

Court Disposition

Appeal dismissed

Orders

  • Extension of time granted for filing and serving notice of appeal
  • Conviction upheld; no remittal or further findings ordered