Practice and Procedure

R (on the application of SHANE WRAGG) v DIRECTOR OF PUBLIC PROSECUTIONS (2005)

PUBLISHED June 15, 2005

It had been reasonable for police officers attending the scene of a heated domestic argument to believe, on the basis of the female's fear of violence and the male's level of intoxication and his refusal to leave, that the male was about to cause a breach of the peace. Accordingly his arrest had been lawful and he had unlawfully assaulted the police officers in the execution of their duty.

[2005] EWHC 1389 (Admin)