Director of Public Prosecutions v Meaden

Director of Public Prosecutions v Meaden

Where a search warrant authorises search of both premises and persons, police officers may lawfully restrict the movement of occupants within the premises during the search, using no more force than is necessary, and are acting in the execution of their duty for the purposes of offences under section 89 of the Police Act 1996. The justices erred in law in finding there was no case to answer.

Parties
Claimant: Director of Public Prosecutions; Defendant: Meaden
Jurisdiction
England and Wales
Judgment Date
01 December 2003
Procedural Posture
Criminal Appeal by Way of Case Stated / Appeal From Magistrates' Decision, Judgment
Outcome
appeal allowed
Legal Topics
Obstruction of Police, Assault on Police, Execution of Search Warrants, Reasonable Force, Detention During Search
Criminal Law Police Powers Obstruction of Police Assault on Police Execution of Search Warrants Reasonable Force Detention During Search

Case Brief

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Parties

Director of Public Prosecutions

Claimant

Meaden

Defendant

Procedural Posture

Criminal Appeal by Way of Case Stated / Appeal From Magistrates' Decision, Judgment

Legal Issues

  1. 1 Whether police officers executing a search warrant may lawfully restrict the movement of occupants within premises during the search
  2. 2 Whether such restriction constitutes acting in the execution of duty for the purposes of offences under section 89 of the Police Act 1996
  3. 3 Whether the absence of an express power of arrest for obstruction affects the lawfulness of police conduct

Ratio Decidendi

Where a search warrant authorises search of both premises and persons, police officers may lawfully restrict the movement of occupants within the premises during the search, using no more force than is necessary, and are acting in the execution of their duty for the purposes of offences under section 89 of the Police Act 1996. The justices erred in law in finding there was no case to answer.

Court Disposition

appeal allowed

Orders

  • Matter remitted to the justices to continue the hearing
  • Order for legal aid taxation granted