H, R (on the application of) v Crown Prosecution Service

H, R (on the application of) v Crown Prosecution Service

A person cannot be convicted under section 91(1) of the Criminal Justice Act 1967 if disorderly behaviour occurs only after arrest and not in a public place prior to arrest.

Parties
Appellant: H; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
13 October 2005
Procedural Posture
Criminal Appeal (case Stated) / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Drunk and Disorderly, Arrest Without Warrant, Summary Conviction
Criminal Law Drunk and Disorderly Arrest Without Warrant Summary Conviction

Case Brief

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Parties

H

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Criminal Appeal (case Stated) / Judgment on Appeal

Legal Issues

  1. 1 Whether a conviction under section 91(1) of the Criminal Justice Act 1967 can be sustained where disorderly behaviour occurred only after arrest and not in a public place prior to arrest

Ratio Decidendi

A person cannot be convicted under section 91(1) of the Criminal Justice Act 1967 if disorderly behaviour occurs only after arrest and not in a public place prior to arrest.

Court Disposition

appeal allowed

Orders

  • conviction quashed