Johnson v Phillips [1975]: Necessity and Law

Johnson v Phillips [1975] 3 All ER 682

In Johnson v Phillips [1975] 3 All ER 682, the court addressed the authority of police officers to direct motorists to disobey traffic regulations in emergency situations.

A police constable (PC Phillips) was managing traffic at a busy intersection when an emergency vehicle needed to pass through. To facilitate this, PC Phillips instructed a motorist (Johnson) to drive in a manner that contravened standard traffic regulations. Johnson later challenged the legality of this instruction, arguing that the officer lacked the authority to direct him to break the law.

Justice Wein held that a police constable is entitled to direct motorists to disobey traffic regulations if it is necessary for the protection of life and property. This decision underscored the principle that the defense of necessity can justify actions that would otherwise be unlawful when taken to prevent greater harm.

This case is significant in establishing that police officers have the discretion to override standard legal requirements in emergency situations to prevent harm. It also highlights the application of the necessity defense in English law, where actions taken to prevent greater harm can be deemed lawful, even if they involve contravening existing regulations.

References:

• https://www.e-lawresources.co.uk/johnson-v-phillips-1975
• https://journals.sagepub.com/doi/abs/10.1177/002201837604000205

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