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Obstructing police in the execution of their duty.
"A lorry driver who was prosecuted for obstructing police by alerting other motorists to a speed trap by waving out of his cab has won a battle to clear his name.
When the police, who were manning the speed trap on the A303 at Tinkers Hill in Somerset last year, saw Charles Glendinning pass by they gave chase and reported him. He was summoned to court and convicted of obstructing the police in the execution of their duty"
"A lorry driver who was prosecuted for obstructing police by alerting other motorists to a speed trap by waving out of his cab has won a battle to clear his name.
When the police, who were manning the speed trap on the A303 at Tinkers Hill in Somerset last year, saw Charles Glendinning pass by they gave chase and reported him. He was summoned to court and convicted of obstructing the police in the execution of their duty"
As Hc4361 indicates, one possible charge resulting from the actions you refer to is 'obstructing a police officer in the course of his duties'.
However if it's clear that the warning is given to another motorist who is obviously speeding (i.e. an offence is actually being committed by that motorist), the far more serious charge of 'attempting to pervert the course of justice' can be (and has been) used.
Chris
However if it's clear that the warning is given to another motorist who is obviously speeding (i.e. an offence is actually being committed by that motorist), the far more serious charge of 'attempting to pervert the course of justice' can be (and has been) used.
Chris
There doesnt appear to be a specific law see this article
http://londonbikers.com/news/6266/lords-asked- to-rule-on-speed-trap-case
If I have time I will regularly pull over up the road from a police speed trap and flash/wave at any oncoming drivers.
When the police realise what you are doing they pack up and move ( so far anyway).
http://londonbikers.com/news/6266/lords-asked- to-rule-on-speed-trap-case
If I have time I will regularly pull over up the road from a police speed trap and flash/wave at any oncoming drivers.
When the police realise what you are doing they pack up and move ( so far anyway).
It�s the Police Act 1996 section 89(2)
�Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale, or to both.�
�Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale, or to both.�
(2-part post):
You're looking for a specific law which simply doesn't exist.
Many motoring (and, as here, 'motoring related') matters are not specifically defined as offences. For example there is no law which states that it's illegal to drive on the 'wrong' side of the road. If the police see you doing it, they (and the Crown Prosecution Service) have to decide if you've contravened a more general law, such as the one which prohibits 'driving without due care and attention' or the legislation which makes 'dangerous driving' an offence. (The milkman who drives his float, at 6am, down the 'wrong' side of the road is almost certainly acting completely legally, since it's unlikely that he's contravened either of those general pieces of legislation).
Similarly, you won't find any specific law stating that it's illegal to flash your lights as a warning to other drivers about a speed trap. If the police see you doing so, they (together with the CPS) will look to either statute law or common law for a more general offence.
You're looking for a specific law which simply doesn't exist.
Many motoring (and, as here, 'motoring related') matters are not specifically defined as offences. For example there is no law which states that it's illegal to drive on the 'wrong' side of the road. If the police see you doing it, they (and the Crown Prosecution Service) have to decide if you've contravened a more general law, such as the one which prohibits 'driving without due care and attention' or the legislation which makes 'dangerous driving' an offence. (The milkman who drives his float, at 6am, down the 'wrong' side of the road is almost certainly acting completely legally, since it's unlikely that he's contravened either of those general pieces of legislation).
Similarly, you won't find any specific law stating that it's illegal to flash your lights as a warning to other drivers about a speed trap. If the police see you doing so, they (together with the CPS) will look to either statute law or common law for a more general offence.
So they might look to paragraph 89(2) of the Police Act 1996 which states:
" Any person who . . . wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence . . . "
http://www.statutelaw.gov.uk/content.aspx?LegT ype=All+Legislation&title=police&Year=1996&sea rchEnacted=0&extentMatchOnly=0&confersPower=0& blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNum ber=1&NavFrom=0&parentActiveTextDocId=2729388& ActiveTextDocId=2729514&filesize=6646
Alternatively, a charge could be brought, under common law, of "attempting to pervert the course of justice'". Common law is that which is made by judges and (by definition) does not appear within any statutory reference. However the Police National Legal Database defines it thus:
"This common law offence is committed where a person or persons acts or embarks upon a course of conduct which has a tendency to, and is intended to, pervert the course of public justice".
'Wilfully obstructing a constable' carries a maximum penalty of a �1000 fine and/or one month's imprisonment. 'Attempting to pervert the course of justice' carries a maximum penalty of life imprisonment.
Chris
" Any person who . . . wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence . . . "
http://www.statutelaw.gov.uk/content.aspx?LegT ype=All+Legislation&title=police&Year=1996&sea rchEnacted=0&extentMatchOnly=0&confersPower=0& blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNum ber=1&NavFrom=0&parentActiveTextDocId=2729388& ActiveTextDocId=2729514&filesize=6646
Alternatively, a charge could be brought, under common law, of "attempting to pervert the course of justice'". Common law is that which is made by judges and (by definition) does not appear within any statutory reference. However the Police National Legal Database defines it thus:
"This common law offence is committed where a person or persons acts or embarks upon a course of conduct which has a tendency to, and is intended to, pervert the course of public justice".
'Wilfully obstructing a constable' carries a maximum penalty of a �1000 fine and/or one month's imprisonment. 'Attempting to pervert the course of justice' carries a maximum penalty of life imprisonment.
Chris
Chris is of course correct, above.
I wonder though how thoroughly this has been tested in court. I mean it could be arguing that by informing motorists of the existance of a speed trap you are in fact preventing crime and I think all sides agree that the idea is to get people to obey the limit. So on that basis you are not obstructing, rather assisting! So really the police are mis using the law.
How would this work for other crimes, for example if I saw a burglary about to happen and warned said burglars that plod was on the way, would that be the same thing? Or would I simply have prevented a crime?
mmmm interesting!
I wonder though how thoroughly this has been tested in court. I mean it could be arguing that by informing motorists of the existance of a speed trap you are in fact preventing crime and I think all sides agree that the idea is to get people to obey the limit. So on that basis you are not obstructing, rather assisting! So really the police are mis using the law.
How would this work for other crimes, for example if I saw a burglary about to happen and warned said burglars that plod was on the way, would that be the same thing? Or would I simply have prevented a crime?
mmmm interesting!
discussed here :-
http://forums.pepipoo.com/index.php?showtopic= 31259&mode=linear
My summary would be that you could only be 'done' for obstruction if you flashed a car that was actually speeding.
http://forums.pepipoo.com/index.php?showtopic= 31259&mode=linear
My summary would be that you could only be 'done' for obstruction if you flashed a car that was actually speeding.
-- answer removed --
I am an ex Police Constable and from basic training it was preached that prevention is better than detection. With this in mind, one would have thought that in preventing an offence being committed would be O.K. But that was back when we had a Police service overseen by a Chief Constable, and not a Police force managed by an accountant.
Simon.
Simon.
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