Baker v Crown Prosecution Service

Baker v Crown Prosecution Service

The police officers' entry and actions were lawful under section 17(1)(e) of the Police and Criminal Evidence Act 1984 as they reasonably believed there was a danger to life or limb. The officers were acting in execution of their duty, and the appellant's assault was therefore an assault on a constable in execution of duty. There was no search before the assault, and no requirement to inform the appellant of the reasons for entry in the emergency circumstances.

Parties
Claimant: Mandy Baker; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
27 January 2009
Procedural Posture
Criminal Appeal (case Stated) / High Court Appeal From Magistrates' Court Conviction
Outcome
Appeal dismissed
Legal Topics
Assault on Police Officer, Police Entry and Search, Execution of Duty, Section 17 Police and Criminal Evidence Act 1984
Criminal Law Police Powers Assault on Police Officer Police Entry and Search Execution of Duty Section 17 Police and Criminal Evidence Act 1984

Case Brief

Summary, issues, holding and outcome

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Parties

Mandy Baker

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Criminal Appeal (case Stated) / High Court Appeal From Magistrates' Court Conviction

Legal Issues

  1. 1 Whether police officers were acting lawfully and in execution of duty under section 17(1)(e) of the Police and Criminal Evidence Act 1984 when entering and remaining on premises without consent or giving reasons
  2. 2 Whether officers were entitled to search the appellant and use force under section 17(1)(e)
  3. 3 Whether the appellant's assault on the officer was on a constable in execution of duty

Ratio Decidendi

The police officers' entry and actions were lawful under section 17(1)(e) of the Police and Criminal Evidence Act 1984 as they reasonably believed there was a danger to life or limb. The officers were acting in execution of their duty, and the appellant's assault was therefore an assault on a constable in execution of duty. There was no search before the assault, and no requirement to inform the appellant of the reasons for entry in the emergency circumstances.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Order for taxation of the appellant's publicly funded costs