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[General Defences - Superior Orders - duress of
circumstances]
D
ordered by PC to reverse the wrong way up a one-way street to allow
ambulances access to an injured person. D refused and was
charged with wilfully obstructing a constable in the execution of his
duty.
Held: "a constable may direct
other persons to disobey traffic regulations if that is reasonably necessary
for the protection of life and property"
Whether this may or may not amount to superior orders, or to the defence of
necessity was not made clear.
The fact that the D acted pursuant to the order of his government or of a
superior shall not free him from responsibility, but may be considered in
mitigation of punishment if the tribunal determines that justice so
requires."
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[General Defences - Superior Orders]
No general defence of superior orders.
In cases involving the police (e.g. acting under cover as part of a criminal
gang) the position is: -
'...in
such circumstances the authorities would not prosecute the undercover agent
but this does not mean that he did not commit the crime'.
Therefore to some extent the fate of such agents
lies in the hands of the Crown Prosecution Service.
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