R v Inwood

Mr. Justice Caulfield, who is not able to be here today, agrees with the judgment we are about to give.

On llth October 1972 at Croydon Crown Court, the Appellant was convicted on two counts of assaulting a Police Constable in the execution of his duty. The verdicts were by majorities of ten to two, the jury having failed to agree at an earlier trial. He was fined £50 on each. The Appellant now appeals against conviction on a certificate from the learned Judge.

The certificate is in these terms: "I certify that the case is a fit case for appeal on the ground that the convictions of the Defendant on Counts 10 and 11 raise the following question of general importance:- It being accepted (a) on the one hand, that a person at a police station who has been arrested (whether arrested outside and brought to the police station or arrested whilst at the police station) is not free to leave the police station, and if he attempts to do so may be restrained by the police, and if in attempting to leave he assaults a police officer, that is an assault on a police constable in the execution of his duty; and (b) on the other hand, that a person who attends at a police station voluntarily, e.g. to answer questions, is free to leave the police station at any time, and if he attempts to do so may not be restrained by the police, and if in attempting to assert that right to leave he assaxilts a police officer (using no more force than is necessary to assert his right), that is not an assault on a police officer in the execution of his duty; what is the position of a man who attends voluntarily at a police station, is questioned, is told by the police that they propose to charge him with specified offences (e.g. dishonest handling), is not told in specific words 'You are being arrested', but the police start to carry out the steps leading up to charging him, i.e. type out the charge sheet, take his finger prints, and ask him to empty his pockets (which he does) to make a list of his property, and " then tries to leave the police station? Is he still free to leave as in paragraph (b) above, or is he then held at the police station under compulsion and no longer free to leave, as in paragraph (a) above?

"I directed the jury that in these circumstances, he was acting under compulsion, was no longer free to leave, and that an assault committed in attempting to leave was an assault on the police constable in the execution of his duty. The question in law is whether I was right so to rule".

The case for the prosecution was this. In January 1971, police were investigating certain thefts and handling of stolen goods. On 31st January they called at the Appellant's house in Hayes with a search warrant, and took away a television set and some copper tubing. The Appellant, who had not then been at home, called next morning at St. Mary Cray Police Station, and had a lengthy interview with Detective Constable Crisp, after which it was left that the police should pursue their enquiries and make an appointment to see him again. The Appellant in fact called again at the Station at about 7 o'clock on the evening of 15th February and was interviewed in an upstairs room by Detective Constable Crisp and Detective Sergeant Gale.

According to the police evidence, on 15th February, after Detective Constable Crisp had put some questions to the Appellant, he said to him: "I propose to charge you with theft of the copper and dishonestly handling the T.V. set", and cautioned him. The Appellant replied "I understand. I don't want to be awkward". Then, between 7.30 p.m. and 8.30 p.m., Detective Constable Neville was engaged in taking finger prints from the Appellant, and also obtaining antecedents and completing forms in relation to offences with which he was to be charged. Detective Constable Crisp again saw the Appellant with Detective Sergeant Gale and told him he would have to be searched. The Detective Sergeant did search him, and came across the two purported insurance certificates, which were later the subject of two other counts in the indictment to which the Appellant pleaded guilty at the first trial.

Soon after 9 o'clock the Appellant became excited and shouted "Look, when are you going to finish with me, I want to get out of here", and held his head in his hands. He was told "You will be released when we have completed our inquiries". After some further questions, Detective Constable Crisp got up and went to the door. As he opened it, the Appellant shouted, "That's it, then" and got up. Detective Sergeant Gale got up too, whereupon, according to both officers, the Appellant punched the Sergeant in the chest. The Sergeant caught hold of his coat, and they both fell to the floor struggling and fighting. The Constable turned back and grabbed the Appellant, but the Appellant eluded his grasp and dashed out of the door. The Constable called to another Detective Constable, Neville, who came out of his office and tried to bar the Appellant's way. The Appellant punched Neville in the chest also and made off down the stairs with Neville hanging on to his coat, being dragged down after him. At the bottom they both fell to the ground. Neville said that in doing so he banged his head on the front door. According to the police, the Appellant, as he fell, caught his face on the fire extinguisher. After that he really went berserk and kicked and punched Neville as he lay dazed before other officers secured him and later put him in a cell.

There was medical evidence of Dr. Comper who was called to the Station. At 9.30 he said that he found Detective Constable Neville to have a swelling over his right eye, to be dazed and concussed and to be unfit for duty. A quarter of an hour later, he found Sergeant Gale to have a bruised and swollen left thumb and a slightly swollen right kneecap. Ten minutes after that he found the Appellant to have a deep laceration over his right eyebrow which was bleeding and required suturing.

The Appellant gave evidence in his own defence that from about 7.30 p.m. until 9.10 at this Police Station, Detective Sergeant Gale was more or less continuously punching him, slapping him and calling him a liar. But towards the end this became harder; the cut over his eye and the...