Cumberbatch v Crown Prosecution Service

Cumberbatch v Crown Prosecution Service

Where an arrest is unlawful, assisting officers are not acting in execution of their duty, and the appellant cannot be guilty of resisting them unless unreasonable force is used. The legality of the arrest is essential to the charge of assaulting an officer in execution of duty if the officer's actions are indissolubly linked to the unlawful arrest or detention.

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
Criminal Appeal by Case Stated / Judgment on Appeal
Outcome
appeals allowed; convictions quashed
Legal Topics
Resisting Arrest, Assaulting Police Officer, Execution of Duty, Unlawful Arrest, Breach of the Peace
Criminal Law Police Powers Resisting Arrest Assaulting Police Officer Execution of Duty Unlawful Arrest 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

Criminal Appeal by Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether assisting officers are acting in execution of duty during an unlawful arrest
  2. 2 Whether an appellant can be guilty of resisting officers assisting in an unlawful arrest
  3. 3 Whether legality of arrest is essential to assaulting officer in execution of duty

Ratio Decidendi

Where an arrest is unlawful, assisting officers are not acting in execution of their duty, and the appellant cannot be guilty of resisting them unless unreasonable force is used. The legality of the arrest is essential to the charge of assaulting an officer in execution of duty if the officer's actions are indissolubly linked to the unlawful arrest or detention.

Court Disposition

appeals allowed; convictions quashed

Orders

  • fine paid by Ali to be restored to him
  • compensation paid by Cumberbatch to be restored to her