Jump to content


Photo
- - - - -

Obstructing a police officer


  • Please log in to reply
51 replies to this topic

#1 Pulpculture

Pulpculture

    Forum Obsessed!

  • Members
  • 4,873 posts

Posted 18 December 2003 - 04:19 PM

Can someone post the law dealing with "Obstructing a police officer"

#2 JS

JS

    Supreme Poster

  • Members
  • 3,453 posts

Posted 18 December 2003 - 04:53 PM

From PNLD:

The Police Act 1996 consolidates legislation relating to the police. Section 89 contains the offence of resisting or wilfully obstructing a constable in the execution of his duty.

89(2) Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, commits an offence.

89(3) This section also applies to a constable who is a member of a police force maintained in Scotland or Northern Ireland when he is executing a warrant, or otherwise acting in England or Wales, by virtue of any enactment conferring powers on him in England and Wales .

Notes
(i) The obstruction must be wilful. The defendant must intend to behave in such a way as to make it more difficult for the constable to carry out their duties.
(ii) It is most important to prove that the officer was acting in the execution of his duty, click here for examples of where this has been a problem.
(ii) There is an offence of assaulting a constable in the execution of his duty under section 89(1).

MODE OF TRIAL AND PENALTY SUMMARY: One month imprisonment and / or a fine not exceeding level three on the standard scale.

POWERS OF ARREST There is NO SPECIFIC POWER OF ARREST for this offence, therefore consider breach of the peace powers, offences under the Public Order Act 1986, or the conditional powers under section 25 of PACE. It is the view of the DPP that a person arrested under the conditional powers should be told of that fact either at the time of arrest or as soon as practicable.

POINTS TO PROVE resist/wilfully obstruct
constable/person assisting constable
in execution of his duty


Hope this helps

James 5112FH

#3 QBD

QBD

    Die Hard

  • Excluded
  • 1,253 posts

Posted 18 December 2003 - 05:06 PM

A defendant obstructs a police constable if he makes it more difficult for him to carry out his duty: Hichcliffe v Sheldon [1955] 1 WLR 1207. While ‘resisting’ implies some physical action, no physical act is necessary to constitute obstruction.

There is also a common-law offence of refusing to aid a constable who is attempting to prevent or to quell a breach of the peace and who calls for assistance: Waugh The Times 1 October 1986.

If the defendant deliberately obstructs the police, it will be no defence to argue that he was merely trying to prevent the arrest of a person he believed to be innocent: Lewis v Cox [1985] QB 509.

#4 LeftyLaureate

LeftyLaureate

    Veteran

  • Members
  • 1,832 posts

Posted 19 December 2003 - 01:04 AM

Obstruction in my neck of the woods gets used quite a lot to deal with those who wilfully obstruct and the maggies (magistrates) usually are quite good with the fines for these offences.

In a lot of obstruction cases it quickly becomes obvious that the person may refuse details for a summons and many end up Sec25'd.

#5 Pulpculture

Pulpculture

    Forum Obsessed!

  • Members
  • 4,873 posts

Posted 19 December 2003 - 12:21 PM

Any examples Lee?

#6 Crucible

Crucible

    Forum Obsessed!

  • Members
  • 12,775 posts

Posted 19 December 2003 - 04:31 PM

The only example I have come across is someone being stuck on for flashing lights at on-coming traffic to warn of a speed trap.

Interesting to see any other examples as my limited imagination is struggling!

#7 LeftyLaureate

LeftyLaureate

    Veteran

  • Members
  • 1,832 posts

Posted 19 December 2003 - 05:53 PM

Examples I can think of off the top of my head are:

1. Obstructing entry to premises where a person wanted on warrant or for an arrestable offence is believe to be.

2. Getting in the way of an arrest, commonly amongst friends who attempt to free their friend from our clutches, on weekend evenings and the like.

There are lots of instances though.

#8 QBD

QBD

    Die Hard

  • Excluded
  • 1,253 posts

Posted 19 December 2003 - 07:06 PM

Here's an example...

I was in the process of reporting a woman for a summary offence when her friend intervened. She insisted, repeatedly, that I could not/should not report her friend. She stood between me and her friend. Eventually, she took hold of her friend's arm and dragged her away from me. All of this made it harder, and then impossible, for me to carry out my duty (ie report the first woman). The second lady was duly reported herself for obstruction.

#9 HertsSC

HertsSC

    Learning the Ropes

  • Members
  • 142 posts

Posted 19 December 2003 - 07:52 PM

Dont know if is better as a seperate thread... but is a similar theme...

You are controlling traffic, preventing access to a road.

A driver argues that he wants to go down the road you have closed and refuses to move, blocking the road.

Would this...

(a) Be classed as obstructing an officer?
(b) Be obstruction of a highway?
© Be classed as failing to obey the instructions of an officer? (is that an offence?)

#10 QBD

QBD

    Die Hard

  • Excluded
  • 1,253 posts

Posted 19 December 2003 - 08:04 PM

Yes (section 89(2) Police Act 1996)
Probably (section 137 Highways Act 1980; Road Vehicles (Construction and Use) Regulations 1986, reg 103; section 28 Town Police Clauses Act 1847)
Yes (section 35(1) Road Traffic Act 1988)

#11 Ricky Diamond

Ricky Diamond

    Die Hard

  • Members
  • 1,675 posts

Posted 19 December 2003 - 09:21 PM

Slightly off topic but similar, what is the offence Mr Keates if you call somebody to stop on foot and they do a runner?? We had this the other night, and shouted "stop, police" youths pegged it (underage drinking), im assuming they had something more to hide being that they were in a local trouble spot.?

#12 QBD

QBD

    Die Hard

  • Excluded
  • 1,253 posts

Posted 19 December 2003 - 09:30 PM

You're assuming there is an offence... :whistle:

You might possibly have grounds for a stop search, depending on other factors present. I'm afraid there's no offence of "legging it from the Old Bill" though.

#13 Ricky Diamond

Ricky Diamond

    Die Hard

  • Members
  • 1,675 posts

Posted 19 December 2003 - 09:42 PM

You're assuming there is an offence... :whistle:

You might possibly have grounds for a stop search, depending on other factors present. I'm afraid there's no offence of "legging it from the Old Bill" though.

Sorry, didnt know, i was thinking of the lines of failing to stop when requested?!?
im only a newbie so go easy on me.

#14 TangoBravoVimto

TangoBravoVimto

    Forum Obsessed!

  • Members
  • 8,730 posts

Posted 19 December 2003 - 10:04 PM

Failing to stop is an offence in relation to vehicles and bicycles Ricky.

Take care,

Neil :smile:

Edited by ndw78, 19 December 2003 - 10:06 PM.


#15 QBD

QBD

    Die Hard

  • Excluded
  • 1,253 posts

Posted 19 December 2003 - 10:08 PM

And anyone leading or riding an animal/animals in IoM...backward we are! :whistle:

#16 MaW

MaW

    Forum Legend

  • Lifetime Power Users+
  • 2,253 posts

Posted 19 December 2003 - 11:02 PM

Does that include people walking dogs?

#17 QBD

QBD

    Die Hard

  • Excluded
  • 1,253 posts

Posted 19 December 2003 - 11:07 PM

On a strict interpretation, yes.

#18 pcmikegmp

pcmikegmp

    Settling In

  • Members
  • 234 posts

Posted 20 December 2003 - 01:10 AM

Any examples Lee?

I've charged people with this in the past for giving worng details when arrested and brought to custody. Only when they're placed on livescan later and their true identity is known. :whistle:

#19 Ricky Diamond

Ricky Diamond

    Die Hard

  • Members
  • 1,675 posts

Posted 20 December 2003 - 08:02 PM

Failing to stop is an offence in relation to vehicles and bicycles Ricky.

Take care,

Neil :smile:

Cheers fella. If you dont ask you dont know, but now i know.

#20 JS

JS

    Supreme Poster

  • Members
  • 3,453 posts

Posted 22 December 2003 - 01:56 PM

Failing to stop is an offence in relation to vehicles and bicycles Ricky.

And pedestrians - if the Police officer is engaged in direction of traffic !

So if you are waving your hands about in the middle of the road 'cos the traffic lights have stopped working and you tell a pedestrian to wait on the pavement and they don't they commit an offence !

James 5112FH

#21 Guest_Rebelatheart_*

Guest_Rebelatheart_*
  • Guests

Posted 22 December 2003 - 03:07 PM

A driver argues that he wants to go down the road you have closed and refuses to move, blocking the road.



is ticketable - £30 non-endorsable - if my memory serves me correct.

#22 JS

JS

    Supreme Poster

  • Members
  • 3,453 posts

Posted 27 December 2003 - 06:13 PM

is ticketable - £30 non-endorsable - if my memory serves me correct.

And carries a power of arrest under s25 PACE if is an obstruction of the road ....

But I'd think more than twice before using this power as you need to ask yourself if your actions are proportionate ... remember Human Rights !

James 5112FH

#23 SC1903

SC1903

    I'm new!

  • Members
  • 2 posts

Posted 28 December 2003 - 04:13 PM

1. Obstructing entry to premises where a person wanted on warrant or for an arrestable offence is believe to be.

If the owner is obstructing entry to their house with the force of a dog, what laws apply? Also how do we gain access in this situation if the owner does not comply.

Im sorry if this sound incompetent but im new to the job and haven’t received training in this area yet. :whistle:

Cheers

Jonathan

Edited by SC1903, 29 December 2003 - 02:18 PM.


#24 MattD

MattD

    Forum Obsessed!

  • Members
  • 5,954 posts

Posted 28 December 2003 - 04:31 PM

If the owner is obstructing entry to their house with the force of a dog, what laws apply? Also how do we gain access in this situation if the owner does not comply.


I believe there is a specific offence under the dangerous dogs act or something like that (Guard dogs act??)

If you need to enter the house to effect an arrest you can use force to do so , if you find your path blocked by a dog then you need to consider calling for a dog handler maybe

#25 sierra oscar

sierra oscar

    Settling In

  • Members
  • 202 posts

Posted 28 December 2003 - 11:09 PM

Slightly off topic but similar, what is the offence Mr Keates if you call somebody to stop on foot and they do a runner?? We had this the other night, and shouted "stop, police" youths pegged it (underage drinking), im assuming they had something more to hide being that they were in a local trouble spot.?

I've never quite understood why the words "Stop, police!" are shouted, as seen regularly on The Bill. Surely it is obvious that somebody will run off if they are upto no good! :whistle: I haven't started training yet, so I am guessing that is a formality?




0 user(s) are browsing this forum

0 members, 0 guests, 0 anonymous users