Burrell v Crown Prosecution Service

The lawfulness of the arrest was based on the officer's reasonable suspicion that an offence under section 5 was being committed, which is a different evidential threshold from proof beyond reasonable doubt required for conviction under section 5; therefore, the acquittal on the section 5 charge did not render the conviction for resisting arrest inconsistent or unlawful.

Parties: Claimant: Alistair Burrell; Defendant: The Crown Prosecution Service
Jurisdiction: England and Wales
Judgment Date: 13 April 2005
Procedural Posture: Criminal Appeal by Way of Case Stated / High Court Judgment
Outcome: Appeal dismissed
Legal Topics: Resisting Arrest, Lawfulness of Arrest, Public Order Offences

Criminal Law Resisting Arrest Lawfulness of Arrest Public Order Offences

Case Brief

Summary, issues, holding and outcome

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Parties

Alistair Burrell

Claimant

The Crown Prosecution Service

Defendant

Procedural Posture

Criminal Appeal by Way of Case Stated / High Court Judgment

Legal Issues

1 Whether the acquittal on a section 5 Public Order Act 1986 charge rendered the subsequent conviction for resisting arrest inconsistent or unlawful
2 Whether the arrest was lawful in the absence of proof beyond reasonable doubt of a section 5 offence

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

The four questions put for the opinion of the court are answered in the affirmative.