Mohammed-Holgate v Duke
| Jurisdiction | England & Wales |
| Date | 1983 |
| Court | Court of Appeal (Criminal Division) |
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35 cases
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Chee Siok Chin and Others v Minister for Home Affairs and Another
......What must always be borne in mind and indeed emphasised (as per Lord Diplock in Holgate-Mohammed v Duke [1984] AC 437 at 446) is that: . [The] lawfulness of the arrest and detention based on that suspicion [does] not depend upon the judge’s own view ......
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Police Federation and Others v Commissioner of The Independent Commission of Investigations and Attorney General
......Vide Holgate Mohammed v. Duke [1984] AC 437 . . 51 Counsel's contention was that it was clearly the intent of section 20 of the Act to give the ......
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Raissi v Commissioner of Police of the Metropolis
...officer at the time he makes the arrest. iv) The executive “discretion” to arrest or not, as Lord Diplock described it in Mohammed- Holgate v. Duke [1984] AC 437, 446, vests in the constable, who is engaged on the decision whether to arrest or not, and not in his superior officers. 14 At [2......
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R v Commissioners of Inland Revenue, ex parte Mead and Cook
......The exercise by the Chief Constable and the Commissioner of his administrative discretion is reviewable: see Holgate-Mohammed v. Duke ELR [1984] A.C. 437, 448, which is to be preferred to Lord Denning's obiter comments at p. 126A-E in Ex p. Blackburn [1968] and Hallett v. ......
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1 books & journal articles
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The Police and Criminal Evidence Bill — Part 2
...if the detained person assaults thepolice constable he is not guiltyoftheassault (e.g. see the recent casesMohammed-Holgate v. Duke [1983] 3 All E.R. 526; Bentley v.Brudzinski(1982) 75 Cr. App. R. 217; McBean v. Parker. The Times.February 8, 1983; R. v. Podger [1979] Crim. L.R. 524; Wills v......