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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69523
Experience:  Over 5 years in practice.
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Been charged with the offence of wilfully obstructing a

Customer Question

been charged with the offence of wilfully obstructing a constable in the execution of her duty.
refused to give my details........at the time naked in bed,having just been ordered to get out of bed and get dressed....was arrested for breach of the peace ,but never charged...was never questioned/interviewed or seen any evidence just told about it.
what is my defence
Submitted: 10 months ago.
Category: UK Law
Expert:  Jo C. replied 10 months ago.

Hello what was the initial visit by the police for?

Customer: replied 10 months ago.
that's complicated............me and my partner had a falling out sunday afternoon...but made up and went out for a drink,came home had a few more drinks my partner got a bit nasty so I phoned the police but my partner took the phone from me.about 10 mins later police phoned back,partner answered they asked her if everything was ok....she said that we had too much to drink and that everything was fine..went to bed......about 2.10 in the morning police banging at the door.....partner got up answered the door,they asked who else was in the house the two officers came upstairs asking for my details so I said why having done nothing wrong still naked in bed......they said that if I did not get out and get dressed they would drag me out and dress me........got out and still asked why.......next more police arrived about 4
Expert:  Jo C. replied 10 months ago.

Sorry give you details to the police?

Expert:  Jo C. replied 10 months ago.

In short, you called the police to a domestic squabble and then refused to give your details?

Customer: replied 10 months ago.
NEVER SPOKE TO THE POLICE........WENT TO BED WAS A SLEEP......HOURS AFTER DID THE POLICE TURNED UP,IT WAS ALL OVER WHEN THE POLICE ARRIVED....DID NOT THINK I HAD DONE ANYTHING WRONG FOR THE POLICE TO HAVE MY DETAILS...............SHOULD I HAVE BEEN QUESTIONED AND SHOWN ANY EVIDENCE
Expert:  Jo C. replied 10 months ago.

Who called the police?

Customer: replied 10 months ago.
I DID BUT NEVER SPOKE TO THEM........ONLY MY PARTNER SPOKE TO THEM WHEN THEY PHONED BACK.....SHE SAID EVERY WAS FINE...NO PROBLEMS..SO THE POLICE DID NOT HAVE ANY REASON TO TURN UP HOURS AFTER THE CALL
Expert:  Jo C. replied 10 months ago.

They did have a reason to attend. This was a call to a domestic and they couldn't speak to the person who made the call. They were under a duty to attend. Did you refuse your details?

Customer: replied 10 months ago.
MY PARTNER ANSWERED THERE QUESTIONS ON THE CALL BACK.....SAYING THAT THERE WAS NO PROBLEMS,THEY DID NOT WANT TO SPEAK TO ME WHO MADE THE FIRST CALL,THEY THOUGHT IT WAS MY PARTNER ...THE FEMALE.........YES..I DID REFUSE TO GIVE MY DETAILS,BECAUSE I HAD NOT COMMITTED ANY OFFENCE...........THE CHARGE OF BREACH OF THE PIECE I BELIEVED WAS A JOKE.
Expert:  Jo C. replied 10 months ago.

OK. That is all I need to know.

You do not have a defence. The police were called and when they attended you refused to provide your details. That is obstructing an officer.

You should be pleading guilty I'm afraid.

Can I clarify anything for you?

Jo