[2012] EWHC 3398 (Admin)

A magistrate's court had erred in rejecting a submission of no case to answer in relation to a charge of resisting a police officer in the execution of his duty contrary to the Police Act 1996 s.89(2). On the evidence the police officer had not formed an intention to arrest a suspect and therefore his physical detention by the officer amounted to assault.

QBD (Admin) (Cranston J)

26/10/2012