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Refusing to assist a police officer


Refusing to assist a police officer, peace officer or other law enforcement officer is an offence in various jurisdictions around the world. Some jurisdictions use the terminology 'refusing to aid a police officer' or 'failure to aid a police officer'.

This principle originates from Norman England, where local Sheriffs in England would be the only peace officer in an area. He would summon assistance from locals in order to enforce the King's laws or to apprehend an offender. It subsequently became part of the common law that all persons must assist a constable or peace officer when so requested. This still remains as one of the few common law offences which exist in England/Wales and some other states/countries.

Canada Criminal Code (R.S.C., 1985, c. C-46)
See 129(b) for circumstances where it is a crime not to act in assistance of the police.

129 Every one who

(a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,
(b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or
(c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure,

is guilty of

(d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(e) an offence punishable on summary conviction.

R.S., c. C-34, s. 118; 1972, c. 13, s. 7.

See the English / Welsh common law - Refusing to assist a constable

Various jurisdictions require an individual to assist a Law Enforcement Officer when requested, to varying levels of criminal punishment, from violation to misdemeanor:

§507. Officers to make character known; assistance for officers

(a) Every customs officer shall— (1) upon being questioned at the time of executing any of the powers conferred upon him, make known his character as an officer of the Federal Government; and (2) have the authority to demand the assistance of any person in making any arrest, search, or seizure authorized by any law enforced or administered by customs officers, if such assistance may be necessary.


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