''R v Waterfield''
9633 All E.R. 659 is an
English
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Court of Appeal
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decision, a court of binding
precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...
, outlining the modern limits of the law that authorises a police officer to stop (and then conceivably detain) a person.
This case produced what is known as the Waterfield test (incorporating the
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
"ancillary power doctrine") for the limit of police authority to interfere with a person's liberty or property.
Facts
The police were investigating a reported incident of dangerous driving, where a car had rammed into a wall. It turned out that the car was owned by Eli Waterfield and driven by his friend, Geoffrey Lynn, but police were unable to make any arrests without further evidence.
One evening, while Lynn sat in the car at the local market, two police officers approached him to ask to search it. Lynn said he would leave. One of the officers said he would stop him if he tried. Waterfield arrived, told the police that they had no right to seize his car and told Lynn to drive away. The officers blocked the way, but Waterfield told Lynn to drive through the officers. Lynn drove forward, forcing the officer to jump out of the way.
Waterfield and Lynn were charged for assaulting a constable who was in the execution of his duty contrary to the
Offences against the Person Act 1861.
Opinion of court
Ashworth , for the court, held that the charge of assault was invalid and quashed the convictions. To come to this conclusion, the court made a key analysis of the requirements needed to show that a police officer was in the execution of his duties.
Footnotes and citations
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See also
{{Portal, Law
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English criminal law
English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in ...
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Criminal law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
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List of Supreme Court of Judicature cases
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pre-1800
* '' Haxey ...
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