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Toate cazurile
Police Powers
Queen's Bench Divisional Court
1966

Rice v Connolly

[1966] 2 QB 414

Ratio Decidendi

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.

Fapte

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.

Rezumatul hotărârii

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.

Citate cheie

"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

Tratament ulterior

Followed

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