McMillan v Crown Prosecution Service
The police officer's act of taking the appellant by the arm and leading her from the garden to the public footpath was within generally acceptable standards of conduct and did not constitute assault; therefore, the conviction for being drunk and disorderly in a public place stands.
- Parties
- Claimant: Mary McMillan; Defendant: Crown Prosecution Service
- Jurisdiction
- England and Wales
- Judgment Date
- 12 May 2008
- Procedural Posture
- Criminal Appeal by Case Stated / High Court Appeal From Magistrates' Court Conviction
- Outcome
- Appeal dismissed
- Legal Topics
- Drunk and Disorderly, Assault by Police, Lawfulness of Police Conduct, Public Order Act, Evidence Exclusion
Case Brief
Summary, issues, holding and outcome
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Parties
Mary McMillan
Claimant
Crown Prosecution Service
Defendant
Procedural Posture
Criminal Appeal by Case Stated / High Court Appeal From Magistrates' Court Conviction
Legal Issues
- 1 Whether police officer's physical contact with appellant constituted assault
- 2 Whether appellant's disorderly behaviour in a public place was a result of unlawful police conduct
- 3 Whether evidence should have been excluded under section 78 of the Police and Criminal Evidence Act 1984
Ratio Decidendi
The police officer's act of taking the appellant by the arm and leading her from the garden to the public footpath was within generally acceptable standards of conduct and did not constitute assault; therefore, the conviction for being drunk and disorderly in a public place stands.
Court Disposition
Appeal dismissed
Orders
- Conviction upheld
- Questions posed by magistrates answered in the affirmative except where rendered moot
Full Case Text
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