UPDATE: A number of people have pointed out to me the common law offence of 'failure to assist a constable'. That offence is in effect dead letter law. I think the last person to be prosecuted for it was about 30 - 50 years ago, but I'm open to anyone who can prove otherwise.

Either way, in this current climate of feely touchy policing, CPS would have a real struggle demonstrating how any member of the public should have to freely put themselves in harms way for a paid police officer who mitigates such risks, given the fact that no such offence exists for failing to assist a member of the public.

I would also say that article 2, 5 and 8 of the ECHR would potentially be engaged. Also, who would be the arbitrator of those who should be willing to assist? Should pregnant women, pensioners or teenagers assist? This archaic offence is aimed primarily at able bodied men, which would potentially engage article 14 of the ECHR as well.

Since the Human Rights Act has been enacted into UK law, nobody has been prosecuted for failure to assist. If they were to be, then they would be entitled to a hearing in a domestic court - as part of proceedings - to determine whether or not it interfered with their human rights. If I came across anyone prosecuted for this offence I would be the first to start crowd funding for a human rights barrister to defend them!

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