Express and implied consent Flashcards
1
Q
What is express consent
A
A voluntary agreement to someones proposed conduct which is clearly stated this can be verbal or in writing
2
Q
What is implied consent
A
A voluntary agreement to someones proposed conduct based on the assumption that permission is inferred from the actions of a individual
3
Q
Which cases both had implied consent
A
Donnelly V Jackman- Tapping on the shoulder to gain attention =implied consent
Mepstead V DPP - Touching someone to calm down =implied consent
4
Q
Which case showed there was no implied consent therefore there was an application of unlawful force by the police officer
A
Collins V Wilcock
Took hold of arm to restrain and had acted unlawfully as not arresting
