ABSTRACT
Under the Police Act 1996,11 it is a criminal offence to obstruct the police in the execution of their duty. Section 89 provides that:
In Duncan v Jones (1936), the defendant had intended to hold a public meeting at a place previously used for that purpose. The police, aware that a disturbance had previously occurred in that place, instructed Mrs Duncan to hold the meeting on an alternative site. Mrs Duncan refused and started the meeting on the highway. She was arrested and charged under section 51 of the Police Act. The defendant could have been charged with obstruction of the highway (see below) or with inciting a breach of the peace. However, in the alternative the police charged her with obstructing a police officer. The court held that, once the police officer reasonably considered that a breach of the peace could occur, any action which impeded him in the course of preventing such an occurrence amounted to an obstruction of the police. In Piddington v Bates (1960), in the course of an industrial dispute, the police directed that no more than two pickets should be allowed at each entrance to the factory. The defendant joined the picket line in defiance of the order, regarding the restriction as unreasonable, and was charged with obstruction. On appeal, the Divisional Court upheld his conviction.
