Cumberbatch v Crown Prosecution Service [2009] EWHC 3353 (Admin) (24 November 2009)

Cumberbatch v Crown Prosecution Service [2009] EWHC 3353 (Admin) (24 November 2009)

Where the arrest of a person by a police officer is unlawful, other officers assisting in that arrest are not acting in the execution of their duty, and the person resisting or assaulting them in that context cannot be guilty of the relevant offences, provided no unreasonable force is used.

Citation
[2009] EWHC 3353 (Admin)
Parties
Appellant: Cumberbatch; Appellant: Ali; Respondent: The Crown Prosecution Service; Respondent: The Department of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
24 November 2009
Procedural Posture
Appeal by Case Stated / Divisional Court Judgment
Outcome
Appeals allowed; convictions quashed
Legal Topics
Resisting Arrest, Assaulting Police Officer, Lawfulness of Arrest, Execution of Police Duty, Breach of the Peace
Criminal Law Police Law Resisting Arrest Assaulting Police Officer Lawfulness of Arrest Execution of Police Duty Breach of the Peace

Case Brief

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Parties

Cumberbatch

Appellant

Ali

Appellant

The Crown Prosecution Service

Respondent

The Department of Public Prosecutions

Respondent

Procedural Posture

Appeal by Case Stated / Divisional Court Judgment

Legal Issues

  1. 1 Whether police officers assisting in an unlawful arrest are acting in the execution of their duty
  2. 2 Whether a person can be guilty of resisting or assaulting a police officer in the execution of duty when the underlying arrest is unlawful
  3. 3 Whether preventing a breach of the peace can justify police action in the context of an unlawful arrest

Ratio Decidendi

Where the arrest of a person by a police officer is unlawful, other officers assisting in that arrest are not acting in the execution of their duty, and the person resisting or assaulting them in that context cannot be guilty of the relevant offences, provided no unreasonable force is used.

Court Disposition

Appeals allowed; convictions quashed

Orders

  • Fine paid by Mr Ali to be restored to him
  • Compensation paid by Miss Cumberbatch to be restored to her