Search Results for: Police Act 1996

Click the case name for better results:

The Independent Police Complaints Commission, Regina (On the Application of) v Commissioner Of Police Of the Metropolis: Admn 3 Jul 2009

Delay defeated Request for review A police dog had bitten a child on his arrest. His mother complained and again at the handling of her complaint by the IPCC. The MPS had disciplined in accordance with a letter from the IPCC, and having acted refused to re-open the complaint. Held: An early letter from the … Continue reading The Independent Police Complaints Commission, Regina (On the Application of) v Commissioner Of Police Of the Metropolis: Admn 3 Jul 2009

Illich Sanchez Ramirez v France: ECHR 24 Jun 1996

The applicant was arrested in Khartoum by Sudanese security forces and handed over to French police officers who escorted him to France in a French military aircraft. The ECommHR was willing to accept that he was effectively under the authority, and therefore the jurisdiction, of France on SAA principles, notwithstanding that this authority was being … Continue reading Illich Sanchez Ramirez v France: ECHR 24 Jun 1996

Baker v Police Appeals Tribunal: Admn 27 Mar 2013

The claimant a former police constable sought judicial review of a decision made by the tribunal, saying that it had had no jurisdiction to make it. The respondent tribunal, having now accepted that it had not had the power it exercised, being then functus officio, nevertheless maintained that the decision should not be quashed where … Continue reading Baker v Police Appeals Tribunal: Admn 27 Mar 2013

Selmouni v France: ECHR 25 Nov 1996

Citations: [1996] ECHR 100, 25803/94 Links: Bailii Statutes: European Convention on Human Rights 3 Cited by: Cited – Selmouni v France ECHR 28-Jul-1999 Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 3; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – . .Cited – Selmouni … Continue reading Selmouni v France: ECHR 25 Nov 1996

Cubells, Regina (on The Application of) v Independent Police Complaints Commission: CA 15 Oct 2012

The claimant’s mother had died in hospital. The claimant said that she had died as a result of failures by doctors, and had asked the coroner and police to investigate his allegation that she had been deliberately harmed to cover up missed diagnoses. The police obtained an independent report which said that there was a … Continue reading Cubells, Regina (on The Application of) v Independent Police Complaints Commission: CA 15 Oct 2012

Thompson v Commissioner of Police of Metropolis; Hsu v Same: CA 20 Feb 1997

CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault. Held: The court gave a guideline maximum pounds 50,000 award against police for wrongful arrest and wrongful imprisonment. Comparisons were proper with personal injury cases. It is important to identify and quantify the various … Continue reading Thompson v Commissioner of Police of Metropolis; Hsu v Same: CA 20 Feb 1997

Thomas v Commissioner of Police for Metropolis: CA 28 Nov 1996

In an action for damages and false imprisonment, the defendant police officers sought to have introduced the claimant’s previous criminal record, which was expired under the 1974 Act. Held: The judge had been correct not to follow practice in criminal cases on such questions. The purpose of the Act in civil proceedings was to allow … Continue reading Thomas v Commissioner of Police for Metropolis: CA 28 Nov 1996

In Re C (A Minor) (Care Proceedings: Disclosure); Re EC (Disclosure of Material): CA 22 Oct 1996

Guidance was to the courts on disclosure of care proceedings statements etc to police. But for section 12 it would have been contempt of court to have disclosed to the police matters before the children’s court. Citations: Times 22-Oct-1996, [1997] Fam 76, [1996] 2 FLR 725 Statutes: Children Act 1989 12 98 Jurisdiction: England and … Continue reading In Re C (A Minor) (Care Proceedings: Disclosure); Re EC (Disclosure of Material): CA 22 Oct 1996

Frost and Others v Chief Constable of South Yorkshire and Others: CA 31 Oct 1996

The distinction normally made between primary and secondary victims claiming damages for shock in witnessing a terrible event does not apply to employees who were obliged by their contract to be present. Citations: Times 06-Nov-1996, [1996] EWHC CA 173 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Frost and Others v Chief Constable … Continue reading Frost and Others v Chief Constable of South Yorkshire and Others: CA 31 Oct 1996

Tsikata v Newspaper Publishing Plc: CA 30 Sep 1996

Judges: Simon Brown LJ Citations: [1996] EWCA Civ 618, [1997] 1 All ER 655, [1997] EMLR 117 Links: Bailii Statutes: Defamation Act 1952 Jurisdiction: England and Wales Citing: Appeal from – Tsikata v Newspaper Publishing Plc QBD 28-Oct-1994 Qualified privilege reporting statutory proceedings stays despite doubts on findings. Jonathan Sumption QC said: ‘Historically, qualified privilege … Continue reading Tsikata v Newspaper Publishing Plc: CA 30 Sep 1996

Farah v Commissioner of Police for Metropolis: CA 9 Oct 1996

Individual officers, but not the police force itself are answerable in a race discrimination claim. The force is not vicariously liable for an individual officer’s acts. Citations: Gazette 06-Nov-1996, Times 10-Oct-1996, [1996] EWCA Civ 684, [1998] QB 65, (1997) 9 Admin LR 601, [1997] 1 All ER 289 Links: Bailii Statutes: Race Relations Act 1976 … Continue reading Farah v Commissioner of Police for Metropolis: CA 9 Oct 1996

Welton, Welton v North Cornwall District Council: CA 17 Jul 1996

The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he must do. He had done them, but the licence was still … Continue reading Welton, Welton v North Cornwall District Council: CA 17 Jul 1996

Silcott v Commissioner of Police of the Metropolis: CA 24 May 1996

The claimant had been convicted of the murder of PC Blakelock. The only substantial evidence was in the form of the notes of interview he said were fabricated by senior officers. His eventual appeal on this basis was not resisted. He now appealed against the striking out of his actions for conspiracy to pervert the … Continue reading Silcott v Commissioner of Police of the Metropolis: CA 24 May 1996

Lancashire County Council v Municipal Mutual Insurance Ltd: CA 3 Apr 1996

The defendant agreed to indemnify the insured ‘in respect of all sums which the insured shall become legally liable to pay as compensation arising out of’ various matters including wrongful arrest, malicious prosecution and false imprisonment. The insurer contended that the use of the word ‘compensation’ excluded awards of exemplary damages. Held: The contention was … Continue reading Lancashire County Council v Municipal Mutual Insurance Ltd: CA 3 Apr 1996

Regina v Parole Board, ex Parte Watson: CA 11 Mar 1996

The test as to whether there was still a need to protect the public safety from the defendant was just as appropriate when considering the revocation of a licence, as it was when the need for continued detention was being reviewed before the grant of the licence: ‘In exercising its practical judgment the Board is … Continue reading Regina v Parole Board, ex Parte Watson: CA 11 Mar 1996

Lake v British Transport Police: CA 5 May 2007

The claimant challenged dismissal of his claim of having suffered an unfair detriment having made a disclosure with regard to his employers. The employers had said that as a constable, his employment was outside the scope of the Act, and the decision of the Police disciplinary Board could not found his claim. Held: the paragraph … Continue reading Lake v British Transport Police: CA 5 May 2007

Regina v Graham, Kansal, etc: CACD 25 Oct 1996

The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe. Held: After studying the authorities at length, the court felt that the various convictions should be quashed, but that in some cases there was a possibility of substituting verdicts of … Continue reading Regina v Graham, Kansal, etc: CACD 25 Oct 1996

Regina v Condron, Condron: CACD 17 Oct 1996

The defendants were charged with the supply of heroin. They had declined to answer police questions and it was on the record that their solicitor had advised them not to do so, on the grounds that he considered them unfit because they were displaying withdrawal symptoms; the doctor who examined them had disagreed. Held: The … Continue reading Regina v Condron, Condron: CACD 17 Oct 1996

Regina v Whelan: CACD 22 Oct 1996

The defendant appealed his conviction based upon the evidence of police officers who were subsequently discredited. Citations: [1996] EWCA Crim 1186, [1997] Cr LR 353 Jurisdiction: England and Wales Cited by: Cited – Deans, Regina v CACD 30-Jul-2004 In 1989 the defendant was convicted of assorted serious drugs crimes. His case came before the court … Continue reading Regina v Whelan: CACD 22 Oct 1996

Regina v Major Sandhu: CACD 10 Dec 1996

The defendant appealed his conviction and sentence for infringements of the 1990 Act. The house was already very severly dilapidated when it came to be listed. He was accused of making changes outside the extent of the listed buildings consent he had obtained. Held: The offence was one of strict liability, and guilt did not … Continue reading Regina v Major Sandhu: CACD 10 Dec 1996

Regina v Marison: CACD 16 Jul 1996

A diabetic who drove anticipating a diabetic attack was driving recklessly and his act constituted dangerous driving. Citations: Gazette 02-Aug-1996, Times 16-Jul-1996, [1997] RTR 457 Statutes: Road Traffic Act 1988 2A Jurisdiction: England and Wales Cited by: Cited – Milton v Crown Prosecution Service Admn 16-Mar-2007 The defendant appealed his conviction for dangerous driving, saying … Continue reading Regina v Marison: CACD 16 Jul 1996

Dingley v Chief Constable of Strathclyde Police: HL 11 May 2000

The officer had been injured in an accident in a police van. He developed multiple sclerosis only a short time afterwards. The respondent denied that the accident caused the MS. Held: There is no proof of what causes MS, but it was common ground that trauma never causes the disease. The question was whether trauma … Continue reading Dingley v Chief Constable of Strathclyde Police: HL 11 May 2000

Stern v Piper and Others: CA 21 May 1996

The defendant newspaper said that allegations had been made against the plaintiff that he was not paying his debts. In their defence they pleaded justification and the fact that he was being sued for debt. Held: A defamation was not to be justified in respect of extracts from affirmations in pending lawsuits. The court applied … Continue reading Stern v Piper and Others: CA 21 May 1996

P v Commissioner of Police of The Metropolis: SC 25 Oct 2017

This appeal concerns the directly effective right of police officers under EU law to have the principle of equal treatment applied to them. The question raised is whether the enforcement of that right by means of proceedings in the Employment Tribunal is barred by the principle of judicial immunity, where the allegedly discriminatory conduct is … Continue reading P v Commissioner of Police of The Metropolis: SC 25 Oct 2017

Williams v Dyfed and Powys Police: CA 22 Nov 2010

The claimants appealed against dismissal of their claim for damages under the 1998 Act. The house had been searched under warrant. They said that the constable obtaining the warrant had acted on information he knew or ought to have known was false. The officer had acted on the basis of information provided through Crimestoppers, but … Continue reading Williams v Dyfed and Powys Police: CA 22 Nov 2010

Regina v Manzur; Regina v Mahmood: CACD 28 Nov 1996

The prosecution was seeking to rely upon the plea of guilty of a person who had not given evidence. Held: A co-accused’s guilty plea was admissible only with an explanation of its basis. Citations: Times 06-Dec-1996, [1996] EWCA Crim 1566 Statutes: Police and Criminal Evidence Act 1984 74 Jurisdiction: England and Wales Cited by: Distinguished … Continue reading Regina v Manzur; Regina v Mahmood: CACD 28 Nov 1996

Regina v Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina v Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1): HL 22 Nov 1998

The government of Spain had issued an arrest warrant and application for extradition in respect of Pinochet Ugarte for his alleged crimes whilst president of Chile. He was arrested in England. He pleaded that he had immunity from prosecution. Held: A head of state’s immunity from prosecution extends only to official acts performed in exercise … Continue reading Regina v Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina v Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1): HL 22 Nov 1998

The Police Complaints Authority and Others v Regina: CA 26 Mar 2002

Simon Brown LJ said: ‘Given the PCA’s right under section 76(7)(b) to such other information as they need for the purpose of reaching their section 76 decision, I am inclined to think that, if, after obtaining the complainant’s comments upon any other witnesses’ statements disclosed to him, they thought it necessary, they could require the … Continue reading The Police Complaints Authority and Others v Regina: CA 26 Mar 2002

Regina v Brown (Gregory): HL 9 Feb 1996

The issue was whether ‘data’ within the Data Protection Act 1984 was limited to data in computer-readable form. Held: The offence of the ‘use’ of protected data required something beyond inspection on a computer screen including printout. There is a tension at inter-state level between the need to protect privacy, and the need for free … Continue reading Regina v Brown (Gregory): HL 9 Feb 1996

Coghlan and Others v Manchester Police and Another: Admn 2 Dec 2004

The Secretary of State for the Home Department had issued guidance in Circular 55/2003 indicating that the power to suspend a police officer could be used to prevent a resignation and thus ensure the completion of disciplinary proceedings. Held: Though it was non-statutory guidance because it fell outside the terms of section 87, of the … Continue reading Coghlan and Others v Manchester Police and Another: Admn 2 Dec 2004

Scottish Police Services Authority v McBride: EAT 30 Oct 2009

EAT UNFAIR DISMISSAL – Reinstatement/Re-engagement Fingerprint officer found to have been unfairly dismissed. Tribunal ordered reinstatement to role of non-court going fingerprint officer. Appeal against order for reinstatement upheld and case remitted to a freshly constituted Tribunal to consider remedy including whether or not the dismissal was caused or contributed to by any action of … Continue reading Scottish Police Services Authority v McBride: EAT 30 Oct 2009

Baker v The Commissioner of Police of The Metropolis: EAT 5 Feb 2010

EAT PRACTICE AND PROCEDURE Application/claim AmendmentVICTIMISATION DISCRIMINATION An originating application must be read as a whole to ascertain whether it contains a particular complaint. The Claimant who was black and dyslexic completed an ET1 without legal assistance. He ticked the Disability and the Race boxes in paragraph 6.1. In the particulars of complaint in Box … Continue reading Baker v The Commissioner of Police of The Metropolis: EAT 5 Feb 2010

Commissioner of Police of the Metropolis v Virdi: EAT 18 Oct 2006

EAT SUMMARYWas the Tribunal entitled to find that the claimant was disabled within the meaning of the Disability Discrimination Act 1996? In particular, did the Tribunal err in its approach to coping strategies? The EAT held that the Tribunal did misunderstand the significance of coping strategies. Since that error may have affected the Tribunal’s conclusion … Continue reading Commissioner of Police of the Metropolis v Virdi: EAT 18 Oct 2006

Bautiaa and Societe francaise maritime v Directeurs des services fiscaux des Landes and du Finistere: ECJ 13 Feb 1996

Europa Tax provisions – Harmonization of laws – Indirect taxes on the raising of capital – Capital duty levied on capital companies – Application to merger transactions effected by increasing the capital of the acquiring company – Imposition within the limits laid down by the Community rules – Preliminary rulings – Interpretation – Effect of … Continue reading Bautiaa and Societe francaise maritime v Directeurs des services fiscaux des Landes and du Finistere: ECJ 13 Feb 1996

Greater Manchester Police v Wigan Athletic AFC Ltd: ChD 21 Dec 2007

The claimant sought payment under section 25 from the defendant football club for the costs of policing football matches. The defendant said that the sums were not due since the events had been over-policed, and had not been agreed or requested. Held: The club occupied strictly onlt the stadium itself and implied rights of access. … Continue reading Greater Manchester Police v Wigan Athletic AFC Ltd: ChD 21 Dec 2007

Armstrong v Chief Constable of West Yorkshire Police: CA 5 Dec 2008

The Chief Constable appealed against a finding that the claimant had been arrested for rape without reasonable grounds. A description of the rapist had been given which the claimant met in several respects, but from which he clearly differed in others. The appellant suggested that the judge had applied too strict a test. Held: The … Continue reading Armstrong v Chief Constable of West Yorkshire Police: CA 5 Dec 2008

Regina v Local Authority and Police Authority in the Midlands ex parte LM: 2000

The applicant owned a bus company whose contract with the local education authority for the provision of school bus services was terminated after the disclosure by the police and the social services department of a past investigation into an allegation of indecent assault on the applicant’s daughter and of an earlier allegation of abuse when … Continue reading Regina v Local Authority and Police Authority in the Midlands ex parte LM: 2000

Commissioner of Police of the Metropolis v Raissi: CA 12 Nov 2008

The Commissioner appealed against an award of damages for false imprisonment. The claimant had been arrested shortly after a terrorist attack. The judge had held that they had no reasonable belief of his involvement. The Commissioner did not now pursue an argument of necessity. Held: The only cause suggested for suspicion of the claimant was … Continue reading Commissioner of Police of the Metropolis v Raissi: CA 12 Nov 2008

N v Chief Constable of Merseyside Police: QBD 29 Nov 2006

The claimant was raped and assaulted by a police officer. She sought damages from the Chief Constable saying he was vicariously liable, saying that the rapist had been wearing his uniform though in fact off duty. Judges: Nelson J Citations: [2006] EWHC 3041 (QB) Links: Bailii Statutes: Police Act 1996 88(1) Jurisdiction: England and Wales … Continue reading N v Chief Constable of Merseyside Police: QBD 29 Nov 2006

Percy and Another v Hall and Others: CA 10 May 1996

The claimants, demonstrators at Menwith Hill Station, asserted that repeated arrests for trespass were made under unlawful byelaws. In particular they said that the restrictions on trespass were unlawful, since the area was not clearly defined. Judges: Simon Brown, Peter Gibson, Schiemann LJJ Citations: [1996] EWCA Civ 1348, (1996) 160 JP Rep 788, [1997] QB … Continue reading Percy and Another v Hall and Others: CA 10 May 1996

Regina v Burstow: Admn 29 Jul 1996

Grievous bodily harm can be inflicted by a stalker without direct physical contact and can include psychological damage. The statute could be interpreted to reflect current standards. Judges: Lord Bingham of Cornhill LCJ, Owen, Connell JJ Citations: Gazette 25-Sep-1996, Times 30-Jul-1996, [1996] EWHC Admin 49, [1997] 1 Cr App R 144 Links: Bailii Statutes: Offences … Continue reading Regina v Burstow: Admn 29 Jul 1996

In the Matter of Captain Christopher John Kelly: Admn 14 Jun 1996

The deceased was killed by ‘friendly fire’ during a night exercise in Kenya. A verdict of accidental death was returned, and a fresh inquest was sought particularly in the light of a statement from a fellow officer. Held: The emergence of fresh evidence, even if it is in part evidence which should have disclosed to … Continue reading In the Matter of Captain Christopher John Kelly: Admn 14 Jun 1996

Rowlands v Chief Constable of Merseyside Police: CA 20 Dec 2006

The claimant succeeded in her claims for general damages against the respondent for personal injury, false imprisonment and malicious prosecution, but appealed refusal of the court to award aggravated damages against the chief constable. Held: The Chief Constable was potentially liable for aggravated and or exemplary damages for the tortious acts of his officers. An … Continue reading Rowlands v Chief Constable of Merseyside Police: CA 20 Dec 2006

Prince v The Director of Public Prosecutions: Admn 1996

The appellant had convicted of an offence under s5 on the basis of evidence provided by a laboratory test of a blood sample provided under section 8(2). In each case it was contended that the prosecution were required to prove that the intoximeter was working properly before evidence of the test of the blood specimen … Continue reading Prince v The Director of Public Prosecutions: Admn 1996

Van Colle v Hertfordshire Police: QBD 10 Mar 2006

The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of arson to cars and premises. The police officer had been disciplined for failing to respond … Continue reading Van Colle v Hertfordshire Police: QBD 10 Mar 2006

Coulter v Chief Constable of Dorset Police: CA 13 Jul 2005

An appeal was made against an order refusing to set aside a second statutory demand. The demand was to enforce payment of an order for costs made in proceedings between the parties. The first statutory demand had been upheld, and the judge found that that this application was based on the grounds already rejected on … Continue reading Coulter v Chief Constable of Dorset Police: CA 13 Jul 2005

Hutchinson v Metropolitan Police Commissioner and Another: QBD 27 Jul 2005

The claimant sought damages for assault by a probationary constable. The constable had been called to a drunken party for Sainsbury’s employees. Held: The claimant had been assaulted. Miss Morgan had introduced herself as a police officer, had threatened the claimant with arrest and had then attempted to carry out the threat or to use … Continue reading Hutchinson v Metropolitan Police Commissioner and Another: QBD 27 Jul 2005

Clare, Regina (on the Application of) v Commissioner of Police; Independent Police Complaint Commission: Admn 15 Apr 2005

The complainant had made a complaint against police officers of assault. Criminal proceedings against the complainant were discontinued by the Crown Prosecution Service. Following that acquittal her solicitors wrote with her complaint against them, asking that the officers, be fully investigated. A statement was to follow. After a delay, the police wrote to her directly, … Continue reading Clare, Regina (on the Application of) v Commissioner of Police; Independent Police Complaint Commission: Admn 15 Apr 2005

Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

Charter Reinsurance Co Ltd v Fagan and Others: HL 24 May 1996

The re-insurers appealed against a finding that they were liable to make payment under a contract which required them to pay ‘sums actually paid.’ They said that the company having become insolvent, no payment would in fact be made. Held: The contract had to be construed as a whole. Under the contract, the sum became … Continue reading Charter Reinsurance Co Ltd v Fagan and Others: HL 24 May 1996

Regina v Police Complaints Authority ex parte Green: HL 26 Feb 2004

Discovery was sought of statements created during the investigation of a complaint against a police officer. The claimant argued that a police officer had deliberately driven his car at him. Held: The investigation by a separate police force satisfied the high requirement for investigations of allegations against law enforcement officers, and was human rights compliant. … Continue reading Regina v Police Complaints Authority ex parte Green: HL 26 Feb 2004

Regina (Chief Constable of Avon and Somerset Constabulary) v Police Appeals Tribunal: QBD 2 Feb 2004

The constable was disciplined. The Police Appeals Tribunal ordered his re-instatement. The Chief constable complained that the tribunal had acted beyond its powers in not limiting itself to a review. Held: The task of the tribunal was to review the misconduct decision, and they could intervene only if the tribunal decision was Wednesbury unreasonable. The … Continue reading Regina (Chief Constable of Avon and Somerset Constabulary) v Police Appeals Tribunal: QBD 2 Feb 2004

Chief Constable of the North Wales Police v Evans: HL 1982

The Court found the probationer police constable to have been unlawfully induced to resign, but the court could not order his reinstatement. A power must be exercised by the precise person or body stated in the statute. Though courts may review the way in which decisions are reached, they will respect the margin of appreciation … Continue reading Chief Constable of the North Wales Police v Evans: HL 1982

Alexandrou v Oxford (Chief Constable of the Merseyside Police): CA 16 Feb 1990

A shop was burgled. The shop-owner blamed the police for their negligent investigation. Held: The police were not liable in negligence. Judges: Glidewell LJ, Slade LJ Citations: [1993] 4 All ER 328, [1990] EWCA Civ 19, (1991) 3 Admin LR 675 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Brooks v Commissioner of … Continue reading Alexandrou v Oxford (Chief Constable of the Merseyside Police): CA 16 Feb 1990

Cumming and others v Chief Constable of Northumbria Police: CA 17 Dec 2003

The six claimants sought damages for wrongful arrest and false imprisonment. Each had been arrested on an officer’s suspicion. They operated CCTV equipment, and it appeared that tapes showing the commission of an offence had been tampered with. Each was of good character, and the suspicion was based solely on their opportunity to have access … Continue reading Cumming and others v Chief Constable of Northumbria Police: CA 17 Dec 2003

Jarrett v Chief Constable of West Midlands Police: CA 14 Feb 2003

The claimant sought damages for false imprisonment and assault after her wrongful arrest. She had waived her handbag at an officer investigating a disturbance and been arrested. The police said the arrest was lawful, she being suspected of common assault. Held: The judge was entitled to take the view that, taking the evidence at its … Continue reading Jarrett v Chief Constable of West Midlands Police: CA 14 Feb 2003

Independent Police Complaints Commission (Decision Notice): ICO 20 Jul 2005

The complainant requested access to complaints originally handled by the Independent Police Complaints Authority. The IPCC refused the request citing a statutory prohibition originally provided under s.80 of the Police Act 1996. Having investigated the matter, the Commissioner decided that the statutory prohibition was still valid. The Information Tribunal has ruled on this decision and … Continue reading Independent Police Complaints Commission (Decision Notice): ICO 20 Jul 2005

Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 2002

The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed. Held: The Court of Appeal looked to see whether there had been an error of law in the employment tribunal decision. It did not look to see whether the Employment Appeal Tribunal had erred … Continue reading Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 2002

Chief Constable of Bedfordshire Police v Liversidge: EAT 21 Sep 2001

The Chief Constable appealed against a refusal to strike out a claim by the respondent that he had racially discriminated against her. Force members had used code words for racially abusive terms about her. The claim was that he was vicariously liable for the acts of his Force members. Liability was asserted against the chief … Continue reading Chief Constable of Bedfordshire Police v Liversidge: EAT 21 Sep 2001

Regina v Guildford Crown Court, Ex Parte Director of Public Prosecutions; Regina v Southwark Crown Court, Ex Parte Bowles: QBD 29 Oct 1996

The claimant objected to the use by the respondent of orders under the 1988 Act to produce records for investigation and tracing proceeds. Held: Simon Brown LJ said: ‘In my judgment, therefore, it would be wrong to construe the words in section 93H(1) ‘an investigation into whether any person has benefited from any criminal conduct’ … Continue reading Regina v Guildford Crown Court, Ex Parte Director of Public Prosecutions; Regina v Southwark Crown Court, Ex Parte Bowles: QBD 29 Oct 1996

Miller and Another v Scorey and Others: ChD 2 Apr 1996

Using disclosed documents in second action with similar parties may be a contempt, depending significantly upon whether any undertaking, express or implied was given. The court struck out an action where proceedings were commenced in reliance on documents produced on discovery in an earlier action, where the consent of the court had not been obtained … Continue reading Miller and Another v Scorey and Others: ChD 2 Apr 1996

Amuur v France: ECHR 25 Jun 1996

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Violation of Art. 5-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings‘In order to determine whether someone has been ‘deprived of his liberty’ within the meaning of Article 5, the … Continue reading Amuur v France: ECHR 25 Jun 1996

Hussain v The United Kingdom: ECHR 21 Feb 1996

The determination of a life sentence by the Home Secretary without recourse to a court was unlawful. There had been a violation of article 5(4) because the applicant who had been detained at Her Majesty’s pleasure was unable, after the expiry of his punitive period, to bring the case of his continued detention before a … Continue reading Hussain v The United Kingdom: ECHR 21 Feb 1996

Stubbings and Others v The United Kingdom: ECHR 22 Oct 1996

There was no human rights breach where the victims of sex abuse had been refused a right to sue for damages out of time. The question is whether and to what extent differences in otherwise similar situations justify a different treatment in law: ‘Limitation periods in personal injury cases are a common feature of the … Continue reading Stubbings and Others v The United Kingdom: ECHR 22 Oct 1996

P v S and Cornwall County Council: ECJ 30 Apr 1996

An employee at an educational establishment told management that he intended to undergo gender reassignment. He was given notice of dismissal. Held: The scope of the Directive was not confined to discrimination based on the fact that a person was of one or other sex but also extended to discrimination arising from the gender reassignment … Continue reading P v S and Cornwall County Council: ECJ 30 Apr 1996

Barwise, Regina (on the Application Of) v Chief Constable of West Midlands Police: Admn 8 Jul 2004

The applicant sought judicial review of the decision of the respondent to remove his status of police constable. He had been absent from work with stress for a long time. He had failed to attend appointments on police premises. Held: The claimant could not be treated as having retired in the manner contended for by … Continue reading Barwise, Regina (on the Application Of) v Chief Constable of West Midlands Police: Admn 8 Jul 2004

Director of Public Prosecutions and others v Tokai and others: PC 12 Jun 1996

(Trinidad and Tobago) The appellant had been charged in 1981 with offences alleged to have been committed shortly before. The proceedings continued until his appeal for one was dismissed in 1988. The wounding charges were proceeded with only in 1994. He complained that the delay was an abuse, and his appeal succeeded. The prosecutor now … Continue reading Director of Public Prosecutions and others v Tokai and others: PC 12 Jun 1996

Waters v Commissioner of Police for the Metropolis: HL 27 Jul 2000

A policewoman, having made a complaint of serious sexual assault against a fellow officer complained again that the Commissioner had failed to protect her against retaliatory assaults. Her claim was struck out, but restored on appeal. Held: Her claim was arguable. It was possible that the Commissioner owed to her a similar duty as would … Continue reading Waters v Commissioner of Police for the Metropolis: HL 27 Jul 2000

Regina v Chief Constable for North Wales Police Area Authority ex parte AB and CD etc: Admn 10 Jul 1997

The police have power to release limited information about offenders. In this case known paedophiles were staying at a campsite, and their criminal record was disclosed to the site owner. There was no harrassment under s3 of the 1968 Act. On any duty of confidence: ‘I have great difficulty in accepting that the information which … Continue reading Regina v Chief Constable for North Wales Police Area Authority ex parte AB and CD etc: Admn 10 Jul 1997

Regina v Commissioner of Metropolitan Police ex parte Thompson: Admn 18 Dec 1996

When considering an application for judicial review, where a defendant had been cautioned by the police, it was necessary to recognise that the caution procedure did have legal consequences. Though ‘There is no statutory basis for the formal caution. As is well known, the phrase ‘formal caution’ in this context is used to describe a … Continue reading Regina v Commissioner of Metropolitan Police ex parte Thompson: Admn 18 Dec 1996

Regina v Knightsbridge Crown Court, Commissioner of Police for Metropolitan Police, Wells Street Magistrates’ Court ex parte Leslie Victor Crabbe: Admn 18 Dec 1996

The appeal challenged a finding that a dog was a pit bull terrier, unregistered, and to be destroyed. A decision had been made not to prosecute the owner. He now challenged the finding that it was of a type to which the Act applied. The appellant had had opportunity to obtain access for an expert, … Continue reading Regina v Knightsbridge Crown Court, Commissioner of Police for Metropolitan Police, Wells Street Magistrates’ Court ex parte Leslie Victor Crabbe: Admn 18 Dec 1996

Neill v Crown Prosecution Service: Admn 2 Dec 1996

Appeal against wasted costs order made against solicitor. He had information suggesting that an essential prosecution witness might not appear, but she did. Held: The solicitor had acted correctly: ‘The function of committal is to see if there is a prima facie case. As a result of that there would be no prima facie case.’ … Continue reading Neill v Crown Prosecution Service: Admn 2 Dec 1996

Swanston v Director of Public Prosecutions: Admn 3 Dec 1996

There was no necessary requirement for evidence from a victim perceiving the use insulting words or behaviour so as to actually feel threatened. Citations: Times 23-Jan-1997, (1996) 161 JP 203, [1996] EWHC Admin 314 Links: Bailii Statutes: Public Order Act 1986 4(1) Cited by: Applied – I v Director of Public Prosecutions etc HL 8-Mar-2001 … Continue reading Swanston v Director of Public Prosecutions: Admn 3 Dec 1996

Regina v Manchester Stipendiary City Magistrates ex parte Pal Tagger: Admn 29 Nov 1996

The defendant appealed his conviction for illegal entry. He complained that after first being proceeded against for illegal working, it was an abuse now to pursue this prosecution. Held: No abuse had been established, only delay. Judges: Staughton LJ, Tucker J Citations: [1996] EWHC Admin 300 Links: Bailii Statutes: Immigration Act 1993 6 Citing: Cited … Continue reading Regina v Manchester Stipendiary City Magistrates ex parte Pal Tagger: Admn 29 Nov 1996

Regina v Human Fertilisation and Embryology Authority ex parte DB: Admn 17 Oct 1996

Sperm which had been taken from a dying and unconscious man may not be used for the later insemination of his surviving wife. The Act required his written consent. Held: Community Law does not assist the Applicant. The question had been considered in Parliament, and allowing for the limitations on the powers of courts exercising … Continue reading Regina v Human Fertilisation and Embryology Authority ex parte DB: Admn 17 Oct 1996

Regina v West (Rosemary): CACD 3 Apr 1996

Payments to witnesses in criminal trials by media need investigation and control. Nevertheless, the fact that a number of witnesses had sold their stories to the media before the trial, which was disclosed to the defence before or during the trial, was not considered to give rise to even an arguable ground of appeal. Lord … Continue reading Regina v West (Rosemary): CACD 3 Apr 1996

Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc: QBD 8 Oct 1996

Destitute asylum seekers who were not entitled to welfare benefits could be in need of care and attention within the meaning of section 21 of the 1948 Act although they were no longer entitled to housing assistance or other social security benefits such as income support. The Act should be read so as to disallow … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc: QBD 8 Oct 1996

Hough v Chief Constable of Staffordshire Police: CA 14 Feb 2001

Where a constable arrested someone based upon information on the police national computer, he was not to be held accountable for wrongful arrest and false imprisonment, if the information upon which that had in turn been based, did not justify the suspicion. The issue was whether the constable acted reasonably in relying upon that information. … Continue reading Hough v Chief Constable of Staffordshire Police: CA 14 Feb 2001

Director of Public Prosecutions v Waite: QBD 17 May 1996

The defendant had a scanner tuned to listen in to the police channel. He committed an offence under the section. Citations: Times 17-May-1996, (1996) 160 JP 545 Statutes: Wireless Telegraphy Act 1949 5(b)(i) Cited by: Cited – Regina v Knightsbridge Crown Court ex parte Foot Admn 29-Jan-1998 A device which tested for police radar speed … Continue reading Director of Public Prosecutions v Waite: QBD 17 May 1996

Director of Public Prosecutions v Cottier: QBD 22 Feb 1996

Proceedings against a youth begin at court; notice need not be given to the youth panel before the charge itself is made at police station. When considering whether proceedings have been ‘begun’ in any court for the section Saville LJ, said: ‘We were referred to a number of authorities which considered somewhat similar provisions, but … Continue reading Director of Public Prosecutions v Cottier: QBD 22 Feb 1996

Burton and Another v De Vere Hotels: EAT 3 Oct 1996

Two black waitresses, clearing tables in the banqueting hall of a hotel, were made the butt of racist and sexist jibes by a guest speaker entertaining the assembled all-male company at a private dinner party. Held: The employer of the waitresses had racially discriminated against the waitresses. Had the assistant managers in charge for the … Continue reading Burton and Another v De Vere Hotels: EAT 3 Oct 1996

Baldwin v West Yorkshire Police, orse Baldwin v Director of Public Prosecutions: QBD 3 Jul 1995

The choice given to a person detained on suspicion of driving with excess alcohol, of giving either a blood or a urine sample was given satisfactorily, if it was done properly and fairly. Curtis J: ‘I would observe that the words of Lord Bridge in Director of Public Prosecutions v. Warren [1993] R.T.R. 58 are … Continue reading Baldwin v West Yorkshire Police, orse Baldwin v Director of Public Prosecutions: QBD 3 Jul 1995

Gillan and Quinton, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 29 Jul 2004

The appellants had challenged the lawfulness of being stopped and searched by police. The officers relied on an authorisation made under the 2000 Act. They had been on their way to attending an arms fair, intending to demonstrate. Held: The Act was to be interpreted without deference to the respondent, and because of the powers … Continue reading Gillan and Quinton, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 29 Jul 2004