Orde, Chief Constable of the Police Service Of Northern Ireland v Devlin [2008] NICA 22 (6 May 2008)

A person is not guilty of obstructing a police officer under Section 66(1) of the Police (Northern Ireland) Act 1998 by refusing to provide name and address after arrest, as there is no legal duty to do so at common law or by statute.

Source-derived case information.

Citation: [2008] NICA 22
Parties: Complainant/respondent: Sir Hugh Orde, Chief Constable of the Police Service of Northern Ireland; Defendant/appellant: Gerard Devlin
Jurisdiction: Northern Ireland
Judgment Date: 06 May 2008
Procedural Posture: Criminal Appeal / Appeal From Youth Court on Case Stated
Outcome: appeal allowed
Legal Topics: Obstruction of Police, Duty to Provide Name and Address, Right to Silence

Criminal Law Police Powers Obstruction of Police Duty to Provide Name and Address Right to Silence

Source-derived case record

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2

Parties

Sir Hugh Orde, Chief Constable of the Police Service of Northern Ireland

Complainant/respondent

Gerard Devlin

Defendant/appellant

Procedural Posture

Criminal Appeal / Appeal From Youth Court on Case Stated

Legal Issues

1 Does refusal to provide name and address to police after arrest constitute obstruction under Section 66(1) of the Police (Northern Ireland) Act 1998?
2 Is there a legal duty to provide name and address to police in these circumstances?

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Question answered in the negative
Matter remitted to Youth Court with direction to enter acquittal

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