Public Order Act 1986, s. 5: Lawfulness of Arrest; Police Act 1996, s. 89(2): Resisting Police Constable in the Execution of Duty

Newman, Chris
December 2005
Journal of Criminal Law;Dec2005, Vol. 69 Issue 6, p460
Academic Journal
The article reports on the lawfulness of the arrest of a person who resisted a police officer in the execution of duty. The mens rea element for the offense required that the defendant wilfully obstructed a constable in the execution of his duty. There is no evidence presented that the appellant did not understand that he was being arrested.


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