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England and Wales decisions
Decisions matching the current search
Nassinde v Chester Magistrates Court [2020] EWHC 3329 (Admin) (07 December 2020)
The Divisional Court dismissed an appeal against convictions for assaulting police officers, holding the officers were lawfully present under PACE section 17(1)(e).
The High Court dismissed John Pegram’s case-stated appeal against conviction for assaulting a police officer, holding the officer acted in the execution of duty.
The Divisional Court held that a constable who reasonably believed a suspect might reach for a weapon was acting in the execution of duty, so the assault conviction stood.
Elkington v Director of Public Prosecutions [2012] EWHC 3398 (Admin) (26 October 2012)
Appeal by case stated concerning whether there was a case to answer for resisting a constable. The High Court held the officer was not acting in the execution of duty.
The High Court dismissed an appeal against a conviction for assaulting a police officer in the execution of his duty after a disputed search and later confrontation.
Sobczak v Director of Public Prosecutions [2012] EWHC 1319 (Admin) (01 May 2012)
The High Court held that a police officer’s technically unlawful search did not prevent a later assault charge where he was still acting in the execution of his duty.
Demetriou v Director of Public Prosecutions [2012] EWHC 2443 (Admin) (27 April 2012)
The Divisional Court upheld a conviction for assaulting a constable, holding the arrest was lawful because the officer had a reasonable basis to fear a breach of the peace.
The Divisional Court dismissed a case-stated appeal, holding that the magistrates were entitled to find the officer was acting in the execution of his duty when arresting the appellant.
D v Director of Public Prosecutions [2010] EWHC 3400 (Admin) (01 December 2010)
The High Court held that a community support officer was still acting in execution of duty when the appellant pushed past her, so the assault conviction stood.
The Administrative Court held that a community support officer was still acting in execution of duty when pushed, because no unlawful detention had yet occurred.
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