The court was asked whether the Police Complaints Authority had a power to re-open its own decision. Brooke J said: ‘Each of these cases turns on the particular statutory background . . (I leave open for another day) the question whether in any conceivable circumstances the PCA might be able to reopen a decision. I am quite clear, however, on the facts of this case, bearing in mind the statutory framework and the effect of a decision to grant a dispensation from the requirement of the regulations, which was communicated to the police and to the applicants in accordance with the PCA’s duties, that there is no room in that statutory framework for the PCA then to reconsider their decision in the light of new submissions made to them by the applicant.’
Judges:
Brooke J
Citations:
Unreported, 25 July 1995
Jurisdiction:
England and Wales
Cited by:
Cited – Dennis, Regina (on the Application of) v Independent Police Complaints Commission Admn 6-May-2008
The claimant was stood at her door when she was taken by police officers, an armed gun pointed at her, laid on the ground and her hands bound. She was held for fifteen minutes. She was entirely innocent, but the officers were looking for armed . .
Lists of cited by and citing cases may be incomplete.
Police
Updated: 07 December 2022; Ref: scu.268752