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ARTICLE · 29 NOVEMBER 2018

A Decision To Chew On: Restraining Officer Acting In Execution Of Duty When Bitten

A police officer bitten by a suspected offender whilst helping his fellow officers in restraining him was held to be "acting in the execution of his duty" for the purposes of the Police Act 1996.

United KingdomLitigation, Mediation & Arbitration

A police officer bitten by a suspected offender whilst helping his fellow officers in restraining him was held to be "acting in the execution of his duty" for the purposes of the Police Act 1996.

Whilst the initial actions of his colleagues in restraining the man were deemed to be unlawful, the officer was found to have an independent justification for his intervention in order to prevent those colleagues from being assaulted.

The High Court distinguished this matter from Cumberbatch v Crown Prosecution Service; Ali v Director of Public Prosecutions [2009] EWHC 3353 (Admin).

Background

The appellant, Corey Dixon, was cycling early on 26 March 2017 in Willesden, when seen by three police constables patrolling in an unmarked vehicle.

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