During the course of a Section 60 search, the individual decides to be an issue.. they refuse to remove a jacket after numerous requests.. and are generally ackward.. causing the search to take much longer than necessary. During the course of the search they are abusive (for which they are arned they are going to be reported under S.5 POA).. would there intent on making the whole process a problem amount to obstruction?
There is no formal legal definition of 'resist', but the Oxford English Dictionary offers the following definition:
means to strive against, oppose, try to impede or refuse to comply with.
Legally, the term does not imply any assault has taken place and therefore where a person in the process of being lawfully arrested, tears himself away from the constable or person assisting, this constitutes resistance.
I really would have locked them up for the POA offence, but the OCU was MAD busy.. advice please.. so the LONG process of reporting for summons..
Edited by DKNwhy, 22 May 2005 - 03:19 PM.