Application for leave to appeal granted. Held: This was a case where the relationship of the Tribunal to the Special Adjudicator can and should be considered. ‘I have indicated some of the difficulties which may arise. There is no doubt that the Tribunal have power to make findings of fact and to reverse findings of … Continue reading Secretary of State for Home Department v Ravichandran: CA 6 Jun 1997
Reports, which had been prepared for the purposes of a police complaint procedure, could be entitled to protection from disclosure under a public interest immunity certificate. The court also considered the relationship between the documentation and the decision as to whether a trial wasto be by judge alone, or with a jury. Cost is also … Continue reading Taylor v Anderton (Police Complaints Authority Intervening): CA 19 Jan 1995
(Jamaica) Customs investigating officers on attended the appellant’s premises in the course of an investigation of fraudulent importation. The officers were met by a hostile crowd, and the claimant did not attend for interview as invited. A search warrant was obtained and executed. The claimants said the warrant was unconstitutional and unlawful and sought return … Continue reading Attorney General v Danhai Williams and others: PC 12 May 1997
The claimant had been bitten by a police dog and wished to claim damages. She appealed refusal of an order for records of the dog to be disclosed. Held: The request was phrased impossibly widely and had been properly refused. Citations: [1997] EWCA Civ 2915 Statutes: Animals Act 1971 2 Jurisdiction: England and Wales Personal … Continue reading Harkin v Hellawell (Sued As the Chief Constable of West Yorks Police): CA 4 Dec 1997
The plaintiff appealed against dismissal of his claim for malicious prosecution brought against the Service. Held: Actions for malicious prosecution, against the Crown Prosecution Service are to be examined closely to ensure that they are not a mere circumvention of negligence immunity: ‘The fact that someone in the Crown Prosecution Service may have been negligent … Continue reading BT v Crown Prosecution Service: CA 16 Dec 1997
The plaintiff had commenced an action for assault against the police, but had then let it sleep. The defendant’s application for it to be struck out failed. When the plaintiff applied to set it down, the defendant realising his error sought again a strike out. Held: The further delay after the first hearing was not … Continue reading Da Silva and Entwistle v Chief Constable of Greater Manchester Police: CA 11 Dec 1997
Questions of law must be settled by the judge in civil trials and not left to the jury to decide. Factual issues to be identified clearly. Citations: Times 15-Dec-1997, [1997] EWCA Civ 2972 Jurisdiction: England and Wales Litigation Practice, Police, Torts – Other Updated: 13 November 2022; Ref: scu.90299
Police, when using force to enter premises, must still give their reasons for effecting their entry, to the occupant, unless this was impossible or undesirable. Buxton LJ said: ‘This paragraph strictly speaking did not apply in the present case, because no search was contemplated. It is, however, a strong indication of the importance and relevance … Continue reading O’Loughlin v Chief Constable of Essex: CA 12 Dec 1997
The plaintiff’s son aged 10 died of Addison’s Disease which had not been diagnosed. An action against the Health Authority was settled. The parents then brought an action against 5 doctors in their local GP Practice in relation to matters that had taken place post death. The allegations included conspiracy to injure by unlawful means. … Continue reading Powell and Another v Boldaz and others: CA 1 Jul 1997
The claimant appealed against dismissal of his claim in defamation against the defendant. He was a prisoner convicted of rape and subject to life imprisonment. He sought parole, and said that the defendant had slandered him before the Parole Board. Held: Parole Board proceedings are not part of any proceedings of a court, and so … Continue reading Daniels v Griffiths: CA 27 Nov 1997
The procedure for determining whether words were defamatory was intended to be summary; appeals are to be discouraged. The new rule was intended to lay down a swift and inexpensive procedure in chambers to eliminate meanings which the words are plainly incapable of bearing. Hirst LJ said: ‘I would strongly wish to discourage appeals under … Continue reading Hinduja and Another v Asia TV Limited: CA 25 Nov 1997
An immigration adjudicator, after a hearing, had rejected the applicant’s asylum appeal, but accepted that he had left Iran because he had had an adulterous relationship; Held: The Home Secretary was wrong to depart from the special adjudicator’s finding of fact without having good reason and where adjudicator had heard evidence in coming to his … Continue reading Regina v Secretary of State for Home Department ex parte Danaei: CA 12 Nov 1997
The plaintiff councillor had been disciplined by the defendant for allegations. The findings were later overturned, and he now sought damages alleging malicious prosecution. Held: The categories of malicious prosecution are closed, and it was not appropriate to use this tort in respect of disciplinary proceedings by a local authority against a councillor. Judges: Simon … Continue reading Gregory v Portsmouth City Council: CA 5 Nov 1997
Citations: [1997] EWCA Civ 2432 Jurisdiction: England and Wales Citing: Cited – Entick v Carrington KBD 1765 The Property of Every Man is SacredThe King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister. Held: The common law does not recognise interests of … Continue reading Clarke v Chief Constable of North Wales Police: CA 7 Oct 1997
A driver who had crossed through a green traffic light but had collided with an ambulance was 60 per cent contributorily negligent. He had failed to hear the ambulance, had failed to see it, and had ignored unusal driving of other motorists. Held: ‘In my judgment, the general approach of the judge below was entirely … Continue reading Griffin v Mersey Regional Ambulance: CA 8 Oct 1997
The Chief Constable appealed against an award of pounds 750 made after a police officer serving a search warrant forgetfully failed to leave a copy with the occupier. Judges: Woolf LJ, Roch LJ, Cotton LJ Citations: [1997] EWCA Civ 2232 Links: Bailii Statutes: Misuse of Drugs Act 1971 23(3) Jurisdiction: England and Wales Cited by: … Continue reading Fisher and Another v Chief Constable of Cumbria Constabulary: CA 29 Jul 1997
The applicant sought damages from police officers following a raid on a public law centre. The judge had struck out some part of the proceedings. The applicant thought only part had been struck out, and entered judgment in default in respect of the rest. Held: the judge had indeed struck out the entire proceedings. The … Continue reading John-Salakov v Turpey and Others, The Commissioner of Police of The Metropolis: CA 24 Jul 1997
Some forms used by police in reports to the Crown Prosecution Service attract public interest immunity from disclosure in an action against police. Public Interest Immunity is not subject to distinction between task of investigating a complaint and of reporting an investigation. Citations: Gazette 03-Sep-1997, Times 20-Aug-1997, [1997] EWCA Civ 2160 Jurisdiction: England and Wales … Continue reading Kelly v Commissioner of Police for Metropolis: CA 22 Jul 1997
Consolidation of cases involving question of what duty was owed by a fire service to the owners of buildings.Whether and if so in what circumstances a fire brigade owes a duty of care to the owner or occupier of premises which are damaged or destroyed by fire. Judges: Stuart-Smith, Potter, Judge LJ Citations: [1997] EWCA … Continue reading Capital and Counties Plc v Hampshire County Council: CA 14 Mar 1997
The respective parties had been preparing competing bids for the National Lottery. One (Branson) alleged that the other had offerered a bribe. The other responded that the allegation was a lie, and each sued the other for defamation. Held: The Lucas-Box defence could not be struck out. Litigious advantage resulting to one or other party … Continue reading Branson v Snowden; Branson v Gtech UK Corporation (a Body Corporate) and Rendine: CA 3 Jul 1997
Diplomatic immunity had not been waived by an Australian policeman acting in breach of a court undertaking re documents. The effect of s14(1) was to give state officials protection ‘under the same cloak’ as the state itself: ‘The protection afforded by the Act of 1978 to States would be undermined if employees, officers (or, as … Continue reading Propend Finance Property Ltd and Others v Sing and Another: CA 17 Apr 1997
Two company directors sued Swiss bankers who had responded to enquiries from the police in London. The charges which followed had been dismissed, and the directors sued in defamation, seeking to rely upon the materials sent to the police. Held: The appeal succeeded. There is no implied undertaking as to the use of disclosed documents … Continue reading Mahon and Another v Rahn and Others (1): CA 12 Jun 1997
A police informer may abandon anonymity to sue police for promised fees. Citations: Times 14-Feb-1997, [1997] EWCA Civ 943, [1997] 1 WLR 1061 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Marks v Beyfus 1890 The plaintiff claimed damages for malicious prosecution. He called the Director of Public Prosecutions as a witness, who refused … Continue reading Savage v Hoddinot (Chief Constable of Hampshire): CA 6 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
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
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
A civilian who was subject to military law whilst abroad was properly tried by a court-martial for a murder committed whilst abroad. The accused was the son of a serving soldier, and living with him, and subject to martial law. There was no inherent abuse of process, and the procedure had been explicitly adopted by … Continue reading Regina v Alan Martin (On Appeal From Her Majesty’s Courts – Martial Appeal Court): HL 16 Dec 1997
The two appellants were among four convicted of robbery. Imran complained that the police had not disclosed the existence of CCTV coverage before the interview, and Hussain that a copy of the surveillance tape had been given to the jury after retirement. Held: Leave to appeal was refused. As to any obligation on the police … Continue reading Regina v Imran, Hussain: CACD 9 Jun 1997
The appellant had sought the protection of an ex parte injunction under the Act. The recorder had granted an order but had refused a power of arrest saying that since the respondent was a police officer, a notification to his superiors would be sufficient. Held: No part of the community was to attract any special … Continue reading Hutchinson v Baldock: CA 9 Jul 1997
At a first trial it was suspected that a juror had been approached, and a retrial was ordered. The prosecutor applied to have the trial moved out of the area to avoid a repetition, but the judge directed instead that a jury protrection order be made, and that the jury should consist of only members … Continue reading Regina v Tarrant: CACD 18 Dec 1997
The defendants appealed against their convictions for the attempted exportation of heroin. The defendants said that they had acted as part of a US law enforcement action. Held: The appeal failed: ‘section 170(2) creates a self-contained statutory offence or category of offences – one being knowingly concerned in any fraudulent evasion, the other being knowingly … Continue reading Regina v Qadir, Khan: CACD 25 Jul 1997
The defendant had been in possession of a knife which he said that he had used to fix his car radiator and then put in his pocket. As to the statutory defence the trial judge had directed the jury that ‘just forgetfulness on its own was no reason.’ Held: As a general rule but not … Continue reading Regina v Manning: CACD 22 Oct 1997
The defendant appealed sentences of 7 years for indecent assaults on young girls. He was a policeman running a youth club. Certain of the allegations related to times when the maximum sentence was two years, but the defendant’s pleas specifically related to events after the new provisions. Held: The offence of indecent assault is an … Continue reading Regina v Cairns: CACD 28 Oct 1997
The defendant appealed against his conviction for robbery, which had been based in part on witnesses identifying his voice. Particular concern was raised where a series of recordings had been brought together from which the witness had been asked to identify the voice of the criminal. The defendant complained that none of the other voices … Continue reading Regina v Hersey: CACD 1 Dec 1997
Assault occasioning actual bodily harm on a police officer – 12 months substituted for 18 months Citations: [1997] EWCA Crim 3137 Jurisdiction: England and Wales Criminal Sentencing Updated: 11 October 2022; Ref: scu.152592
The appellant appealed a sentence totalling six months. He had been woken from a drunken sleep to learn of his wife being harassed. He was given a knife, and went out into the street brandishing it. He brandished it at one group, and continued after learning that they were police officers. Held: The fact that … Continue reading Regina v Penman: CACD 15 Jul 1997
The Court upheld a conviction in respect of an Appellant who had been convicted of three offences on a six-count indictment. He was acquitted of the other three. In respect of each of the six counts the Prosecution relied upon the uncorroborated evidence of the 16-year-old complainant. M, the wife of the Appellant gave evidence … Continue reading Regina v B: CACD 15 May 1997
The defendant, a Grade 1 advanced police driver, had driven very fast in pursuit of a stolen car. He crossed a junction at high speed and collided with another vehicle causing two deaths. He gave evidence that he believed that the police were controlling traffic at that junction and that it was safe for him … Continue reading Regina v Collins: CACD 7 Mar 1997
The defendants appealed convictions for importing drugs. They chose not to give evidence. At one point, in the presence of the jury, the judge spoke to counsel about warning the defendants of the ‘potential’ inferences, but the defendants had been arraigned before the new rules had come into effect. He acknowledged his mistake, and later … Continue reading Regina v Hussain, Khan: CACD 20 Jan 1997
The defendant appealed against his conviction for wounding with intent. He had answered ‘no comment’ in the police interview, but claimed self defence at trial. The court considered what note should be taken of the solicitor’s evidence of his advice on interview. Held: Rose LJ gave examples of where a solicitor’s advice to remain silent … Continue reading Regina v Roble: CACD 21 Jan 1997
A failure to five a jury warning in the precise form suggested in Watson need not make the trial unfair. Citations: Times 18-Apr-1997, [1997] EWCA Crim 829 Jurisdiction: England and Wales Citing: Cited – Regina v Watson CACD 1988 The court indicated how a jury might be directed in the event of an apparent deadlock, … Continue reading Regina v Morgan: CACD 26 Mar 1997
The 1995 Act will not permit the Court of Appeal to allow an appeal where a conviction was safe but there was a substantial procedural unfairness. In order to understand the role of pre-1 January 1996 jurisprudence in applying what is now the current test it is important to understand what was meant by a … Continue reading Regina v Chalkley, Jeffries: CACD 19 Dec 1997
Any person who is legitimately in premises may refer any material found there to the police. Judges: Lord Bingham of Cornhill LCJ, Millett, Potter LJJ Citations: [1997] EWCA Civ 1549, [2002] FSR 34, [2001] All ER (D) 259 (Jun) Jurisdiction: England and Wales Citing: Cited – Goddard v Nationwide Building Society CA 1986 A solicitor … Continue reading Bell Cablemedia Plc etc v Simmonds: CA 29 Apr 1997
Appeals from conviction of conspiracy to defraud. Citations: [1997] EWCA Crim 960 Links: Bailii Statutes: Police and Criminal Evidence Act 1984 74(2) Jurisdiction: England and Wales Citing: Distinguished – 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 … Continue reading Gardner and Another, Regina v: CACD 22 Apr 1997
The claimant sought judicial review of a decision of the police to include in response to the enhanced criminal record request details of three allegations made but not proceeded with. Held: By the terms of the statute it is for the chief constable or his delegate to form an opinion on that issue. In forming … Continue reading Pinnington, Regina (on the Application of) v Chief Constable of Thames Valley Police: Admn 31 Jul 2008
Very emphatic language was required in a statute before want of leave should, without more, result in proceedings being treated as a nullity. Leave could in appropriate circumstances be granted after the event notwithstanding the proceedings had been commenced without leave. The words used in s.130(2) of the Insolvency Act 1986 were, in their historical … Continue reading In re Saunders (A Bankrupt): ChD 1997
Sets out new consistent procedures for production of defendants’ antecedents to Crown and Magistrates courts by police. Citations: Times 15-Oct-1997 Jurisdiction: England and Wales Criminal Practice Updated: 29 August 2022; Ref: scu.84866
The plaintiff was injured whilst at work in one of the defendant’s collieries. The House considered the deductibility from damages awarded for personal injury of a collateral benefit. Held: The issue of deductibility where the claim is for loss of pension cannot be properly answered without a clear understanding of the nature of the loss … Continue reading Longden v British Coal Corporation: HL 13 Mar 1997
Appeal against acquittal of offence of driving a motor vehicle whilst over the prescribed alcohol limit. The defendant had challenged the calibration of the Camic breath testing machine which showed the incorrect date. Citations: [1997] EWHC Admin 946 Statutes: Road Traffic Act 1988 5(1)(a), Police and Criminal Evidence Act 1984 69 Jurisdiction: England and Wales … Continue reading Director of Public Prosecutions v Garnett: Admn 30 Oct 1997
Challenge to Enhanced Criminal Record Certificate Citations: [2012] EWHC 406 (Admin) Links: Bailii Statutes: Police Act 1997 113B Jurisdiction: England and Wales Police Updated: 26 July 2022; Ref: scu.451810
(Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia) The acts of state officials acting in that capacity are not attributable to them personally but only to the state: ‘Such officials are mere instruments of a state and their official action can only be attributed to the state. They cannot be the subject … Continue reading Prosecutor v Blaskic: 1997
The court considered the proper content of an enhanced criminal record certificate. The claimant said that it should contain only matter relating to actual or potential criminal activity. Held: As to the meaning of section 115: ‘if Parliament had intended to limit relevant information to information of criminal or potentially criminal activity, it would be … Continue reading L, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 1 Mar 2007
The defendant’s right to a fair trial had been infringed where anonymous police witnesses gave evidence against the defendant in circumstances such that, not only did the defendant know their identities, but he was unable to observe their demeanour under direct questioning, and thus judge their reliability. Judges: Bernhardt, P Citations: 21363/93, 21364/93, [1997] ECHR … Continue reading Van Mechelen And Others v The Netherlands: ECHR 30 Oct 1997
Lord Woolf discussed the role of the coroner acting as a filter to avoid injustice: ‘In a difficult case, the Coroner is carrying out an evaluation exercise. He is looking at the evidence before him as a whole and saying to himself, without deciding matters which are the province of the jury, ‘Is this a … Continue reading Regina v HM Coroner for Exeter and East Devon ex parte Palmer: 10 Dec 1997
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
The claimant made a claim for misfeasance in public office. The defendant argued that such a claim required proof of special damage. The claimant said that the deprivation of liberty amounted to such damage. Whilst serving a prison sentence the police had advised the prison service to move him from an open prison to secure … Continue reading Karagozlu v Commissioner of Police of the Metropolis: CA 12 Dec 2006
The claimant sought to allege race discrimination and appealed refusal by the respondents to release required documents. She had been turned down for an appointment to the Trident task force, and sought disclosure of the reasons. The respondent said that she had failed in her vetting, and that they were prohibited in law from disclosing … Continue reading Barracks v Coles and Commissioner of Police for the Metropolis: CA 21 Jul 2006
The claimant succeeded in his action against the respondent for assault, false imprisonment and malicious prosecution. He appealed his award of damages for malicious prosecution. He had a bad record, and the essential issue was the extent to which the award should be discounted for this. Held: ‘the figures at the bottom of the judge’s … Continue reading Manley v Commissioner of Police for the Metropolis: CA 28 Jun 2006
The court considered the duties on the respondent in providing an enhanced criminal record certificate. In one case, the claimant had brought up her son who was made subject to child protection procedures for neglect. Her job involved supervising children at lunch time at a school. In the second case, a school head teacher had … Continue reading L, Regina (on the Application of) v Commissioner of Police of the Metropolis: Admn 19 Mar 2006
The defendants appealed their sentences, saying that the sentencing court had not sufficiently recognised the assistance they had given to the police. Held: The appropriate starting point for sentence was 24 years’ imprisonment after a trial. For Sehitoglu that was reduced to 8 years’ imprisonment reflecting the fact that the assistance he gave to the … Continue reading Regina v Sehitoglu and others: CACD 7 May 1997
Enquiries about the identities of police informants by defence are most sensitive, and must be made in most precise terms. Citations: Times 19-Dec-1997 Jurisdiction: England and Wales Criminal Practice Updated: 06 July 2022; Ref: scu.88045
The defendants appealed against an order that a defamation trial should proced before a judge alone. Held: ‘Where the parties, or one of them, is a public figure, or there are matters of national interest in question, this would suggest the need for a jury trial; but a question relating to a person’s ‘fitness for … Continue reading Right Hon Aitken MP and Preston; Pallister and Guardian Newspapers Ltd: CA 15 May 1997
Judges: Gage LJ Citations: [2005] EWCA Civ 1447 Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Torts – Other Updated: 04 July 2022; Ref: scu.236364
The claimant sought damages against the police for malicious prosecution and otherwise. He sought disclosure of whether a party referred to in the case as X, had at any time been a paid informer. The police appealed an order to disclose this. Counsel for the police had sought to rely upon assertions made as to … Continue reading The Chief Constable of the Greater Manchester Police v McNally: CA 25 Jan 2002
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
The police applied to the court for a closure order in respect of premises they said were being used for the sale of Class A drugs. The tenant sought an adjournment, which was granted as were two later applications. On the last hearing, the police did not appear and the application was dismissed as out … Continue reading Commissioner of Police of the Metropolis v Hooper: QBD 16 Feb 2005
The defendant appealed an award of damages in favour of the applicant for assault by police officers whilst held in police custody. The said the judge should have allowed the claimant’s criminal record in in full. Held: The judge had directed the jury correctly. However as to damages, the award of exemplary damages was exessive, … Continue reading Watson v Cleveland Police: CA 12 Oct 2001
The defendant had been accused of conspiracy to produce pirate copies of films obtained by purchasing copies from cinema owners without the knowledge or consent of the copyright owners. Held: To establish a conspiracy to defraud, it was not necessary to prove a deceit by the defendant of the person who would end up being … Continue reading Scott v Metropolitan Police Commissioner; Regina v Scott: HL 20 Nov 1974
The claimant appealed against rejection of her claim for damages after harassment by the defendant’s officers. Citations: [2018] EWHC 2988 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 2 Jurisdiction: England and Wales Police, Torts – Other, Human Rights Updated: 13 June 2022; Ref: scu.628907
The power to incorporate highway works in planning agreements is limited to subject land. Forbes J said: ‘It is common ground that the new Section 278 was intended to fit into and play its part in the overall legislative system for the controlled development of land through the planning process and I accept that Section … Continue reading Regina v Warwickshire County Council Ex Parte Powergen Plc: QBD 9 Jan 1997
The claimant had been asked to work under cover. The surveillance equipment he was asked to use was faulty, requiring him to put himself at risk repeatedly to maintain it resulting in a stress disorder and a stroke. Held: There was a direct line of causation between the known faults in the equipment, and the … Continue reading Donachie v The Chief Constable of the Greater Manchester Police: CA 7 Apr 2004
News Group Newspapers Ltd had been joined as a party, in order that it could argue the obvious public interest relating to the importance, which has long been accepted in the courts, of the interest, not just of the press but of the public generally, in freedom of reporting and openness in court hearings. Discrimination … Continue reading Chessington World of Adventures Ltd v Reed: EAT 27 Jun 1997
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
The claimant sought damages from the police for the manner of her arrest. At the civil trial, the jury had been undecided, and the court directed the jury as to resolution. The respondents appealed saying that the judge had put too much pressure on the jury. Held: The learned judge should have given a Watson … Continue reading Morrison v Chief Constable of the West Midlands Police: CA 17 Feb 2003
The Court considered the validity of suspicionless stop and search activities under s 60 of the 1994 Act, by police officers. Held: The claimant’s appeal failed. The safeguards attending the use of the s 60 power, and in particular the requirements to give reasons both for the authorisation and for the stop and search, make … Continue reading Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another: SC 17 Dec 2015
The Force appealed findings of sex discrimination against the respondent who had undergone gender reassignment. She required the fact of the procedure to be kept secret. The force refused her application for appointment since they said she would be unable to conduct searches, which were required in law to be by officers of the same … Continue reading The Chief Constable of the West Yorkshire Police v A, Secretary of State for Education: EAT 2 Oct 2001
A Dutch court had convicted the applicants of attempted manslaughter and robbery on the basis of statements made, before their trial, by anonymous police officers, none of whom gave evidence before the Regional Court or the investigating judge. The Court of Appeal referred the case to the investigating judge who arranged hearings in which he, … Continue reading Van Mechelen And Others v The Netherlands: ECHR 23 Apr 1997
The court refused to find that the failure of United Kingdom law to recognise a female to male trans-sexual as the father of a donor insemination child, born to his partner and brought up as their child, was a breach of their rights to respect for their family life under article 8. The de facto … Continue reading X, Y and Z v The United Kingdom: ECHR 22 Apr 1997
Hudoc Violation of Art. 6-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedingsAn alleged Article 6 breach has to be considered in the overall context of the case, and is not to be addressed in relation to any one, discrete aspect of it. The court emphasised the significance of … Continue reading Mantovanelli v France: ECHR 18 Mar 1997
ECJ (Judgment) The Commission said France had failed to fulfil its obligations under the common organisation of the markets in agricultural, products and under Article 30, in conjunction with Article 5, of the EC Treaty. There had been for more than a decade violent acts committed by individuals and by protest movements of French farmers … Continue reading Commission v France: ECJ 9 Dec 1997
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
The prosecution have a duty to disclose to the defence the statement of an adverse witness and not just to provide the name and address, even though that person was not seen as credible witness by the prosecution. ‘the rule in Bryant and Dickson is not in conformity with the principles relating to disclosure established … Continue reading Regina v Mills, Regina v Poole: HL 24 Jul 1997
A driver was arrested for driving with excess alcohol. At the police station, he was to be tested with the Lion Intoximeter. The officer tested the machine and it calibrated correctly. This was at about a quarter after midnight; the sergeant’s watch said 00.13 am, but the time display on the machine read 23:00. Part … Continue reading Director of Public Prosecutions v McKeown and Jones: HL 20 Feb 1997
A Police officer being carried in a force helicopter, and operating within his own force’s area was not on a matter of international carriage, and was not subject to the restrictions on recovery of damages. The helicopter had crashed into a building and he lost his life.Lord Hope considered the Convention noting the width of … Continue reading Fellowes or Herd v Clyde Helicopters Ltd: HL 27 Feb 1997
The plaintiff began a defamation action against seven defendants. Each had admitted publication but pleaded justification. The claims against the fourth to seventh defendants were dismissed by consent, and the third had gone into liquidation. The remaining two defendants, acting in person, applied for the action to be struck-out for want of prosecution. The plaintiff’s … Continue reading Grovit and others v Doctor and others: HL 24 Apr 1997
Criminal proceedings, forming part of the general scheme of enforcement of planning control contained in Part VII of the Act, had been taken. Held: The validity of a planning enforcement notice must be challenged in civil proceedings, not during a defence on enforcement. In looking at Part VII of the Act, the scheme of enforcement … Continue reading Regina v Wicks: HL 21 May 1997
It was appropriate for courts in all cases to give juries both general guidance on awarding damages and guidance as to the range of awards available in the circumstances. The court aslo set out the proper approach to the award of aggravated damages and exemplary damages against police. The figures the court set out were … Continue reading Clark v Chief Constable of Cleveland Police: CA 7 May 1999
Citations: [1997] EWCA Civ 2177 Jurisdiction: England and Wales Police, Defamation, Litigation Practice Updated: 29 May 2022; Ref: scu.142574
Six officers sought damages under the 1997 Act alleging harassment by a senior officer of the defendant. Held: Simon J set out what a claimant must prove in an harassment claim: ‘(1) There must be conduct which occurs on at least two occasions, (2) which is targeted at the claimant, (3) which is calculated in … Continue reading Dowson and Others v Chief Constable of Northumbria Police: QBD 20 Oct 2010
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
Complaint was made that the defendant newspapers had caused a serious prejudice to a trial by articles published before the trial of the defendant in criminal proceedings. The defendant pleaded guilty to theft at the magistrates’ court after she had been interviewed by a newspaper, which published her statement that she would not be denying … Continue reading Attorney General v Michael Ronald Unger; Manchester Evening News Limited and Associated Newspapers Limited: Admn 3 Jul 1997
Appeal against conviction for possessing an offensive weapon in a public place, in this case a pickaxe handle. The magistrates had found it adapted for causing injury by the removal of the head. Held: Such an implement ould nt be held to e within the second category of weapon as set out in Williamson. The … Continue reading K P Warne v Director of Public Prosecutions: Admn 3 Jun 1997
The defendant police officers had obtained information from the Police National Computer, but had used it for improper purposes. Held: The prosecution should have taken place under the 1990 Act as unauthorised access, and had not been used under the 1984 Act. Judges: Lord Justice Pill And Mr Justice Astill Citations: [1997] EWHC Admin 476, … Continue reading Director of Public Prosecutions v Bignall: Admn 16 May 1997
The defendant was prosecuted for a driving offence. No identification parade had been held, and he was identified in the dock at court. Held: Despite the firmly-rooted hostility to dock identifications in the Crown Court, they are permitted in driving cases in the magistrates’ court.Popplewell J said: ‘There is no logic in making a distinction … Continue reading Barnes v Chief Constable of Durham: Admn 24 Apr 1997
Citations: [1997] EWHC Admin 377 Links: Bailii Statutes: Police Act 1964 51(4) Crime, Police Updated: 25 May 2022; Ref: scu.137322
Appeal by way of case stated by the Chief Constable of Norfolk against the decision of the Crown Court in which it allowed an appeal against a decision by the Chief Constable to revoke his firearms and shotgun certificates. Judges: Brooke LJ,Blofield J Citations: [1997] EWHC Admin 294, [1997] CLY 4151 Links: Bailii Statutes: Firearms … Continue reading Chief Constable of Norfolk v Edwards: Admn 19 Mar 1997
The defendant faced a charge of driving with excess alcohol. His solicitors indicated he would plead guilty, and sought disclosure of police material which they anticipated would support his application for special reasons for not disqualifying him, namely that he had driven only a very short distance. They now appealed a refusal to order CPS … Continue reading Regina v Derby and South Derbyshire Magistrate’s Court, ex parte Leandro Pitzettu: Admn 13 Mar 1997
Citations: [1997] EWHC Admin 130 Links: Bailii Statutes: Police Act 1964 51(3) Crime Updated: 25 May 2022; Ref: scu.137075
The prosecutor appealed by case stated against dismissal of a charge of child cruelty. The defence had successfully argued against the admission of taped interviews, saying that the defendant should have been allowed an appropriate adult. Held: The magistrates should have allowed representations from the prosecutor first before disallowing the evidence. Citations: [1997] EWHC Admin … Continue reading Director of Public Prosecutions v Royston Cornish: Admn 22 Jan 1997
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
