면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Police Powers
Queen's Bench Divisional Court
1966

Rice v Connolly

[1966] 2 QB 414

판결 이유

A citizen has no general legal duty to assist the police or answer their questions. Refusing to answer questions or to accompany police voluntarily does not constitute obstruction of a police officer in the execution of their duty.

사실관계

Police officers on patrol at night in an area with recent burglaries asked Mr Rice questions. He refused to give his full name and address or to accompany them to a police box. He was charged with obstructing a police officer.

판결 요약

The Divisional Court held that while every citizen has a moral duty to assist police, there is no legal duty to do so. Merely refusing to answer questions or to go to a police station is not obstruction. To constitute obstruction, the behaviour must go beyond a passive refusal and involve something 'wilfully done' to obstruct.

주요 인용문

"It seems to me quite clear that though every citizen has a moral duty or, if you like, a social duty to assist the police, there is no legal duty to that effect."

Lord Parker CJ

후속 처리

Followed

Consistently cited as authority that there is no general duty to answer police questions.