Thomas v Sawkins

JurisdictionEngland & Wales
Date1935
CourtKing's Bench Division
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21 cases
  • Kuru v State of New South Wales
    • Australia
    • High Court
    • 12 June 2008
    ...of the peace, especially some statements on that subject made in the decision of a Divisional Court of the King's Bench Division in Thomas v Sawkins33. Particular emphasis was given to two statements in that case. First, Avory J said 34 that ‘[t]o prevent … a breach of the peace the police ......
  • DPP v Michael Delaney
    • Ireland
    • High Court
    • 8 February 1996
    ...64; [1981] I.L.R.M. 389. The People (Attorney General) v. O'Brien [1965] I.R. 142. The People v. Shaw [1982] I.R. 1. Thomas v. Sawkins [1935] 2 K.B. 249; [1935] All E.R. 655; (1935) 104 L.J.K.B. 572; 153 L.T. 419; 99 J.P. 295; 51 T.L.R. 514; 79 Sol. Jo. 478; 33 L.G.R. 330; 30 Cox C.C. 265. ......
  • Foulkes v Chief Constable of the Merseyside Police
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 9 June 1998
    ...a police officer reasonably apprehends that a breach of the peace may be caused thereby, see Duncan -v- Jones [1936] 1 KB 218 and Thomas -v- Sawkins [1935] 2 KB 21I would accept Mr Ley's submission that the common law power of a police constable to arrest where no actual breach of the pea......
  • Friswell v Chief Constable of Essex Police
    • United Kingdom
    • Queen's Bench Division
    • 3 November 2004
    ...police officers can lawfully enter into a private home to prevent a breach of the peace. After referring to the principal decision of Thomas v Sawkins [1935] 2 KB 249 and to the academic criticism which it had received, Neill LJ said as follows at page 560E-H: "…I am satisfied that Parliame......
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5 books & journal articles
  • The Promotion Exams
    • United Kingdom
    • Police Journal: Theory, Practice and Principles No. 40-2, February 1967
    • 1 February 1967
    ...constable enter if he merely suspects that a breach will occurunless he goes into the building to prevent it? In Thomas v. Saw-kins [1935] 2 K.B. 249, it was held that, in those circumstances, hecould enter, and remain on, the premises. Briefly the facts werethat two police officers entered......
  • Book Reviews
    • United Kingdom
    • Journal of Law and Society No. 27-3, September 2000
    • 1 September 2000
    ...Legislation of 1939’ [1980] PublicLaw 16.6Duncan v. Jones [1936] 1 K.B. 218; Elias v. Pasmore [1934] 2 K.B. 164; Thomas v.Sawkins [1935] 2 K.B. 249, and the Incitement to Disaffection Act 1934 and thePublic Order Act 1936.ßBlackwell Publishers Ltd more striking examples involved the blatant......
  • Apprehended Breach of the Peace: Lawfulness and Proportionality of Preventive Action
    • United Kingdom
    • Journal of Criminal Law, The No. 69-2, April 2005
    • 1 April 2005
    ...short of arrest to ensure that the peace is not breached (see, forexample, Humphries vConnor (1874) Ir CLR 1 and Thomas vSawkins[1935] 2 KB 249). Any person disobeying an off‌icer’s lawful instructiongiven to prevent a breach of the peace is liable to arrest for wilfulobstruction of a polic......
  • Recent Judicial Decisions
    • United Kingdom
    • Police Journal: Theory, Practice and Principles No. 74-4, November 2001
    • 1 November 2001
    ...524, Crown Ct.Robson vHallett [1967] 2 All ER 407; [1967] 2 QB 939, DC.Wilson vSkeock (1949) 113 JP 294, DC.CASEALSOcrrsnThomas vSawkins [1935] 2 KB 249; [1935] All ER Rep 655, DC.AWordonPrecedent- In McQuade it was said 'in his Lordship's judgment, the judgehad misunderstood McConnell, tha......
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