Baker v Crown Prosecution Service

A constable may enter premises without consent under section 17(1)(e) of the Police and Criminal Evidence Act 1984 where he reasonably believes that entry is necessary to save life or limb. The power extends to remaining on the premises until the danger has reasonably been excluded and to searching persons or objects for a weapon where that search is reasonably required for the protective purpose. It is not a general search power. There is no absolute requirement to explain the reason for entry before acting. An explanation may be unnecessary where an emergency makes it impossible, impracticable or undesirable. Force may be used where reasonably required for a lawful protective search. An officer acting within those powers is acting in the execution of his duty.

The claimant appealed by way of case stated from her conviction in the Kidderminster Magistrates’ Court for assaulting a police constable in the execution of his duty, contrary to section 89(1) of the Police Act 1996. Police officers had entered her home after receiving information that she had gone berserk with a knife and that there might be danger to life or limb. They found her injured and distressed. Before any search occurred, she assaulted two officers, including the constable named in the charge.

The appeal raised questions about the lawfulness of the officers’ entry, continued presence, proposed search, use of force, and failure to explain the reason for entry under section 17(1)(e) of the Police and Criminal Evidence Act 1984.

1. Disposition. The appeal was dismissed. All five questions in the case stated were answered affirmatively, subject to the qualification that the question concerning use of force did not arise because no search had yet occurred.
2. Under section 17(1)(e) of the Police and Criminal Evidence Act 1984, officers may enter premises without the occupier’s permission where they reasonably believe that entry is necessary to save life or limb or prevent serious damage to property. The expression includes preventing a person from seriously harming himself or herself as well as preventing harm to others.
3. Section 17(4) limits the search power to what is reasonably required for the purpose of entry. It permits a search for a knife or other object which the officers reasonably believe may endanger life or limb. It can include searching a person, but it does not confer a general power of search. The officers may remain until reasonably satisfied that the danger has ended.
4. There is no hard and fast requirement to give the occupier an immediate explanation for entry. Although an explanation may be desirable, it is unnecessary where an emergency makes it impossible, impracticable or undesirable. The reported decisions relied upon by the claimant concerned materially different facts or statutory provisions.
5. On the facts found, the officers’ entry, continued presence and proposed search were lawful. The constable was therefore acting in the execution of his duty when assaulted.

• High Court (Administrative Court): appeal by way of case stated from the decision of Deputy District Judge Callender Smith in the Kidderminster Magistrates’ Court dated 7 April 2008. The conviction was upheld and the appeal dismissed.