[2004] EWHC 2717 (Admin)

In circumstances where there had been a clear risk to others, the police had been entitled to exercise their discretion to enter a property under their statutory powers. Where a defendant had been correctly arrested for a breach of the peace, a delay in formally arresting him for assaulting a police constable in the execution of his duty did not affect the decision whether or not there was a case to answer in respect of the assault.

DC (Thomas LJ, Fulford J)

05/11/2004