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CRIMINAL LAW, EVIDENCE AND PROCEDURE - ARREST AND DETENTION - ARREST - ARREST WITHOUT WARRANT - FOR BREACH OF THE PEACE - WHAT AMOUNTS TO BREACH OF THE PEACE - POLICE — POWERS — ENTRY TO PRIVATE PREMISES WITHOUT WARRANT — ENTRY TO PREVENT APPREHENDED BREACH OF THE PEACE — WHETHER POWER OF ENTRY RESTRICTED TO PREMISES WHERE PUBLIC MEETING BEING HELD
The plaintiff, who was divorced from her husband, was ordered by the county court to deliver up certain furniture and effects to the husband. Three days before the expiry of the time limit for complying with the order, the husband went to the plaintiff’s house with his brother and sister, a solicitor’s clerk and two police officers, whose attendance had been arranged by the husband’s solicitors. The plaintiff was not at the house at the time and the door was answered by her mother, who had recently had a stroke. The husband and his brother and sister went into the house and proceeded to load furniture into a van. The plaintiff then arrived on the scene and demanded that the furniture be put back in the house, but one of the police officers insisted that the van was not to be unloaded, that the husband should be allowed to drive away and that any disputes should be sorted out later between the parties’ solicitors.
The plaintiff subsequently brought proceedings in the High Court against the police claiming damages for trespass and breach of duty. The judge dismissed the action on the grounds that the police officers had been carrying out their duty to prevent any breach of the peace which they reasonably apprehended might occur and were entitled to enter and remain on private property without the consent of the owner or occupier in carrying out that duty and that they had not participated in the removal or disturbance of the plaintiff’s goods.
The plaintiff appealed. Held, at common law the police had power to enter private premises without a warrant to prevent a breach of the peace occurring there if they reasonably believed a breach was likely to occur on the premises, which power was expressly preserved by s 17(6)3 of the Police and Criminal Evidence Act 1984. In particular, the police power of entry to prevent a breach of the peace was not restricted to entering premises where public meetings were held.
However, before exercising the power of entry onto private premises, the police had to have a genuine belief that there was a real and imminent risk of a breach of the peace occurring and were required to act with great care and discretion, particularly when exercising the power of entry against the wishes of the owner or occupier of the premises. On the facts, the police officers had a lawful excuse for entering the plaintiff’s property. The appeal would therefore be dismissed
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