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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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can the police block my access to my drive

Resolved Question:

can the police block my access to my drive
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 2 years ago.

yes I arrived home from work at 16.45 to find my drive blocked by a black Volvo estate 13 plate reg. unattended, I left my car behind it and went to find out who it belonged to (as we often have this problem) but could find no one, on going back to my car two gentlemen were walking up the road by then I was getting back into my car one of them asked if I could move (it wasn't obvious who they were) and I said your blocking my drive to which one of the gentlemen said I am a police officer and I replied you are still blocking my drive and I couldn't find who the car belong to so he replied if you don't move your car I will arrest you for obstruction and take your car away

Expert:  Jo C. replied 2 years ago.
Were you obstructing his vehicle?

Was he acting in the execution of his duty?
Customer: replied 2 years ago.

not really as I had stayed with my vehicle and it was only after I said that to him that he was blocking my drive that he said he was a police officer there was no way from looking at them that I would have known they actually looked a bit intimidating they could have been any body and then he said I was doing my work I was chasing somebody at no time when thney approached did they introduce themselves

Expert:  Jo C. replied 2 years ago.
No, they are rude sometimes.

But were you blocking him? Did you need to move your car to let him out?
Customer: replied 2 years ago.

in a word yes I had to reverse one metre

Expert:  Jo C. replied 2 years ago.
Thank you.

In short, a police officer can commit an offence of causing an obstruction as indeed he could any other offence. You are absolutely right. The fact that he is a police officer does not mean that he is above the law.

He may be given a defence if he is, for instance, there for the purposes of protecting life or property. That would depend upon the reason for his visit. If there was no particular emergency then that would not be a defence available to him.

However, of course, that does not mean that you can block him in. I realise that it was your drive but nevertheless an obstruction as an obstruction.

The practical reality is that he was never going to arrest you for this offence and he certainly wasn't going to take your car away and if you made those threats than it would be worth a complaint. The offence of causing an obstruction attracts a fixed penalty fine or a summons to court. I have never seen anybody arrested for this offence ever and I was a police station rep for many years.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

so in actual fact that means he was using bully boy tactics and threating me because he was a policeman

Expert:  Jo C. replied 2 years ago.


Yes, that is probably right and I know some of them do that all the time.
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience: Over 5 years in practice
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