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News | Mon 24th Jun, 2019
Kyah Mufti defended a young man, CA, in this case where the police officer intending to conduct a search of CA under the Misuse of Drugs Act 1971, had begun to handcuff CA without explanation or reason.
CA’s consequent struggle with the police, and the manner in which he had to be apprehended after running away, resulted in two officers being injured. The intended search was not conducted. CA was charged with two counts of Assault PC and one of Obstructing a Search.
The case involved cross examination of two officers regarding police powers, stop and search, what the lawful use of handcuffs is, and their conduct on the night in question. It was established in cross examination that the officer dealing with CA had sought to use handcuffs whilst CA was being compliant and calm. The court found that the officer’s conduct was not a lawful use of police power, and therefore that the officer had not been acting in lawful execution of their duty.
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