Jordan, Re Application for Judicial Review: QBNI 4 Sep 2001

An application was made for the production of documents by the police to support representations to be made on behalf of the family of the deceased to the coroner. The police requested but were refused undertakings as to their use.

Kerr J
[2001] NIQB 32
Bailii
European Convention on Human Rights 2
Northern Ireland
Citing:
See AlsoJordan, Re Application for Judicial Review (29) CANI 10-Sep-2004
. .
See AlsoJordan, Re Application for Judicial Review (30) CANI 10-Sep-2004
. .
See AlsoJordan, Re an Application for Judicial Review QBNI 12-Jan-2004
. .
See AlsoJordan, Re Application for Judicial Review CANI 12-Dec-2003
Appeal from a decision dismissing an application by Hugh Jordan for judicial review of the ‘continuing decision’ of the Director of Public Prosecutions for Northern Ireland refusing to give reasons other than in the most general terms for his . .
See AlsoJordan, Re Application for Judicial Review CANI 12-Sep-2003
The deceased had been shot by a sergeant of the RUC. The party sought to challenge a decision against the grant of legal aid. . .
See AlsoRe Jordan QBNI 6-Jan-2003
. .
See AlsoJordan, Re Application for Judicial Review CANI 28-May-2002
Whether the appeal against the decision of Kerr J dismissing the appellant’s applications for judicial review should be adjourned pending final determination of the proceedings in the English cases of R (Middleton) v HM Coroner for the Western . .

Cited by:
See AlsoJordan, Re Application for Judicial Review CANI 28-May-2002
Whether the appeal against the decision of Kerr J dismissing the appellant’s applications for judicial review should be adjourned pending final determination of the proceedings in the English cases of R (Middleton) v HM Coroner for the Western . .
See AlsoRe Jordan QBNI 6-Jan-2003
. .
See AlsoJordan, Re Application for Judicial Review CANI 12-Sep-2003
The deceased had been shot by a sergeant of the RUC. The party sought to challenge a decision against the grant of legal aid. . .
See AlsoJordan, Re Application for Judicial Review CANI 12-Dec-2003
Appeal from a decision dismissing an application by Hugh Jordan for judicial review of the ‘continuing decision’ of the Director of Public Prosecutions for Northern Ireland refusing to give reasons other than in the most general terms for his . .
See AlsoJordan, Re an Application for Judicial Review QBNI 12-Jan-2004
. .
See AlsoJordan, Re Application for Judicial Review (30) CANI 10-Sep-2004
. .
See AlsoJordan, Re Application for Judicial Review (29) CANI 10-Sep-2004
. .
See AlsoJordan, Re Application for Judicial Review CANI 28-May-2002
Whether the appeal against the decision of Kerr J dismissing the appellant’s applications for judicial review should be adjourned pending final determination of the proceedings in the English cases of R (Middleton) v HM Coroner for the Western . .

Lists of cited by and citing cases may be incomplete.

Northern Ireland, Police, Coroners, Human Rights

Updated: 18 January 2022; Ref: scu.202161

RD, Regina (on The Application of) v Secretary of State for Justice and Others: CA 20 Oct 2020

RD was arrested for theft from a shop when a young child. She admitted the offence and no action was taken. After gaining a degree in criminology, she was refused entry as a police service support officer, on the basis of that record. She now appealed against a refusal to expunge the record. It was now accepted that the record was spent and that the refusal had been unlawful.
Held: the requirement for full disclosure by a would-be police constable of all convictions and cautions, including reprimands received as a child, is in accordance with the law within the meaning of Article 8 ECHR and that it is necessary in a democratic society for the prevention of disorder or crime or for the protection of the rights or freedoms of others, however: ‘while this judgment has necessarily focused on the position of would-be police constables in general, it is important not to lose sight of the undoubted fact that this claimant was shabbily treated by the South Wales police. Sadly, it may be too late, in her case, for a fulfilling career within the police service, but it seems to me that any policy which resulted in the application of an otherwise well qualified candidate like RD being peremptorily rejected because of a reprimand received for minor shoplifting at the age of 13 is highly unlikely to be lawful.’

Lord Justice Males
[2020] EWCA Civ 1346
Bailii
England and Wales

Police, Human Rights

Updated: 18 January 2022; Ref: scu.655027

PKK and KNK v Council: ECJ 27 Sep 2006

ECJ Appeal – Measures to combat terrorism – Admissibility of the application – Existence of the group bringing the action – Representation of the group bringing the action – Distortion of evidence – Individual concern of the group bringing the action

[2006] EUECJ C-229/05
Bailii
European
Citing:
OpinionPKK and KNK v Council ECJ 27-Sep-2006
ECJ (Common Foreign and Security Policy) Opinion – Appeal – Measures to combat terrorism – Admissibility of the application – Existence of the group bringing the action – Representation of the group bringing the . .

Lists of cited by and citing cases may be incomplete.

Police

Updated: 17 January 2022; Ref: scu.565107

Percy v Glasgow Corporation: HL 26 May 1922

The bye-laws made under the powers conferred by the Glasgow Corporation Tramways Acts 1870 to 1893 provide that it shall be lawful for any officer or servant of the Corporation to seize and detain any passenger attempting to evade payment of his fare whose name or residence is unknown to such officer or servant.
In an action of damages brought by a passenger against the Corporation the pursuer averred that he tendered in payment of the fare a penny slightly marked but not defaced; that the conductor refused to accept it and summoned a tramway inspector, who demanded another penny from the pursuer, which the pursuer declined to pay; that the inspector and conductor then called a police constable, and gave the pursuer into custody on a charge of refusing to pay the fare not with standing that the pursuer had offered them his name and address; that it was within the scope of their authority as employees of the defenders to give into custody any person attempting to evade payment of his fare whose name and address were unknown to them; that if they had exercised due care in examining the coin tendered by the pursuer they would have seen that they had no ground for exercising this power; that pursuer gave them his name and address at the time; that they, however, recklessly, maliciously, and in an excess of zeal, and in furtherance of the defenders’ interests, gave the pursuer into custody; and that the defenders as their employers were liable. Held ( rev. judgment of the First Division, who had dismissed the action on the ground that the pursuer had pled himself out of court by averring that the officials had acted outside the scope of their authority) that the pursuer’s averments fairly read meant that the defenders’ servants, acting in the course of and within the general scope of their employment, improperly exceeded the powers conferred upon their employers, and that accordingly the case must go to trial.
Observations per Lord Dunedin as to whether in this case the scope of employment need be put in issue.

Viscount Haldane, Viscount Finlay, Viscount Cave, Lord Dunedin, and Lord Wrenbury
[1922] UKHL 313, 59 SLR 313
Bailii
England and Wales

Police, Transport

Updated: 17 January 2022; Ref: scu.632803

Karia, Regina (on The Application of) v The Chief Constable of Hampshire Contabulary: Admn 15 Dec 2015

The Claimant seeks judicial review of the dismissal of his complaint against a police officer in the Hampshire Constabulary for his failure to comply with paragraph 11.13 of Code C of the Codes of Practice, issued pursuant to section 66 of the 1984 Act, in not recording his comments after being cautioned for a suspected driving offence.
Held: The request succeeded.

Lang J
[2015] EWHC 4083 (Admin)
Bailii
Police and Criminal Evidence Act 1984 66

Police

Updated: 16 January 2022; Ref: scu.564427

Human Rights Watch Inc and Others v The Secretary of State for The Foreign and Commonwealth Office and Others: IPT 16 May 2016

The Tribunal considered further allegations of unlawful police / GCHQ interception of private communications

Burton P, Mitting VP JJ
[2016] UKIPTrib 15 – 165-CH
Bailii
Regulation of Investigatory Powers Act 2000 8(4)
England and Wales

Police, Human Rights

Updated: 16 January 2022; Ref: scu.564197

McCann and Others v The United Kingdom: ECHR 6 Oct 1995

Wrong assumptions made by police officers in the killing of terrorists amounted to a human rights breach, despite the existence of danger to the public of an imminent attack. Article 2(1) is ‘one of the most fundamental provisions in the Convention’. It would have been incumbent on the state to conduct a ‘thorough, impartial and careful examination of the circumstances surrounding the killing’ ‘It must also be borne in mind that, as a provision which not only safeguards the right to life but sets out the circumstances when the deprivation of life may be justified, Article 2 ranks as one of the most fundamental provisions in the Convention.
Together with Article 3 [‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment’], it also enshrines one of the basic values of the democratic societies making up the Council of Europe.’
Article 2 creates not only a substantive obligation on the state not to kill people but, where there was an issue as to whether the state had broken this obligation, also a procedural obligation on the state to carry out an effective official investigation into the circumstances of the deaths.

Times 09-Oct-1995, Independent 06-Oct-1995, 18984/91, (1996) 21 EHRR 97, A324 (1995), [1995] ECHR 31, [1995] ECHR 31
Worldlii, Bailii
European Convention on Human Rights 2(1)
Human Rights
Cited by:
CitedOsman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
CitedAmin, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Oct-2003
Prisoner’s death – need for full public enquiry
The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death.
Held: There had been a . .
CitedRegina 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 . .
CitedIn re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
CitedMiddleton, Regina (on the Application of) v Coroner for the Western District of Somerset HL 11-Mar-2004
The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury.
CitedIn Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation) CA 22-Sep-2000
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The . .
CitedVan 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 . .
CitedVan Colle and Another v Chief Constable of the Hertfordshire Police CA 24-Apr-2007
The deceased had acted as a witness in an intended prosecution. He had sought protection after being threatened. No effective protection was provided, and he was murdered. The chief constable appealed a finding of liability.
Held: The . .
CitedBennett, Regina (on the Application of) v HM Coroner for Inner South London and others CA 26-Jun-2007
The deceased had been shot by the police, who mistakenly believed him to be armed. Judicial review was sought saying that the coroner had wrongly refused to leave to the jury the possible verdict of unlawful killing.
Held: The appeal was . .
CitedHurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner HL 28-Mar-2007
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him.
Held: The question amounted . .
CitedJL, Regina (on the Application of) v Secretary of State for Justice; Regina (L (A Patient)) v Secretary of State for the Home Department HL 26-Nov-2008
The prisoner was left with serious injury after attempting suicide in prison. He said that there was a human rights duty to hold an investigation into the circumstances leading up to this.
Held: There existed a similar duty to hold an enhanced . .
CitedSmith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
CitedMcCaughey and Another, Re Application forJudicial Review SC 18-May-2011
The claimants sought a fuller inquest into deaths at the hands of the British Army in 1990 in Northern Ireland. On opening the inquest, the coroner had declined to undertake to hold a hearing compliant with article 2, and it had not made progress. . .
CitedKent County Council, Regina (on The Application of) v HM Coroner for The County of Kent (North-West District) and Others Admn 15-Oct-2012
The council sought review of the coroner’s decision that the inquest would be an article 2 inquest and with a jury. The deceased was 14 years old and had taken methadone. In the months before his death, he had had involvement with the council’s . .
CitedFinucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .

Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Leading Case

Updated: 16 January 2022; Ref: scu.83503

Anastasi v Police Appeal Tribunal and Others: Admn 14 Sep 2015

Judicial review claim brought by Mark Anastasi against more than one defendant but so far as this appeal is concerned just the second defendant has attended although I am informed that the other defendants take a similar view, and concerns the procedure under police regulations, both before a Panel and an Appeal in which he considers he did not get a fair trial, essentially as a result of not achieving an adjournment of the hearing based on unchallenged medical evidence.

Raeside QC HHJ
[2015] EWHC 4156 (Admin)
Bailii

Police

Updated: 14 January 2022; Ref: scu.563270

The Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd and Others: SC 20 Apr 2016

The Court considered the quantification of damages to be awarded to a business suffering under riots under the 1886 Act, and in particular whether such recoverable losses included compensation for consequential losses, including loss of profits and loss of rent, under section 2 of the 1886 Act, and if so on what basis.
Held: MOPC’s appeal succeeded. Thewording of the Act alone was not able to give a full answer, and recourse was reuired to the earlier legislation. There was no general prinsiple involved to esablish a duty of indemnity from the appellant to the victims. The 1827 Act made it clear that compensation was limited to physical damage. Subsequent stautory amendments and re-eactments didnothing to suggest an extension of that principle. Other earlier statutes had made specific provision for payment of damages to anything beyond damage to buildings, but this was absent from the 1886 Act which had not been intended to alter the basis of payment.
It was difficult to use the public policy of the common law as an interpretative tool because the statutory compensation has never sought to mirror the common law, but has created a self-contained regime for compensation for property damage caused by rioters.

Lord Neuberger, President, Lord Clarke, Lord Hughes, Lord Toulson, Lord Hodge
[2016] UKSC 18, [2016] AC 1488, [2016] 2 All ER (Comm) 483, [2016] WLR(D) 208, [2016] Lloyd’s Rep IR 411, [2016] 4 All ER 283, UKSC 2014/0165
Bailii, Bailii Summary, SC, SC Summary
Riot (Damages) Act 1886 2(1) 3(1), Riot Act 1714, Remedies against the Hundred (England) Act 1827, Criminal Law Act 1722, Malicious Injury Act 1769, Compensation for Injuries to Mills etc Act 1801, Malicious Damage Act 1812, Malicious Damage Act 1816, Seditious Meetings Act 1817, Riotous Assemblies Act 1822, Remedies against the Hundred (England) Act 1827
England and Wales
Citing:
At ComCMitsui Sumitomo Insurance Co (Europe) Ltd and Another v The Mayor’s Office for Policing and Crime ComC 12-Sep-2013
In the lead case, Sony’s warehouse at Enfield had been severely damaged in what were said to be riots in August 2011. The court considered preliminary issues as to whether the events constituted a riot within the 1886 Act, and the extent of damages . .
At CAMitsui Sumitomo Insurance Co (Europe) Ltd and Others v Mayor’s Office for Policing and Crime CA 20-May-2014
The appellant had suffered damage in a riot, and, under the 1886 Act, the respondent was liable to pay compensation.
Held: The MOPC was liable to pay compensation by way of indemnity. Analysis of section 2(1) suggested compensation for loss . .
CitedRatcliffe v Eden et al KBD 22-Nov-1776
There had been a riot by sailors in Liverpool. The cort was asked whether the victim of a riot could recover compensation not only for the damage to his house but for also the destruction of the furniture and household goods within his house. The . .
CitedHyde v Cogan And Others 22-Jun-1781
After the anti-Catholic ‘Gordon Riots’ in London in June 1780, which caused extensive damage and destruction of property, including Lord Mansfield’s house in Bloomsbury Square, damages were claied from the local hundred. The hundred argued that the . .
CitedMason v Sainsbury 19-Apr-1782
A claim was made upon insurance after a riot. The court asked asked ‘Who is first liable?’ This was not an issue of chronology but of establishing where the primary responsibility lay to make good the loss. The Act laid the primary responsibility . .
CitedLondon Assurance Company v SainsburyWood Immigration 28-Jun-1783
An insurance office having paid the assured the amount of the loss sustained by him in consequence of a demolishing by rioters, sued the hundredors under the stat. I G. 1, at. 2, e. 5, s. 6, in their own names. HeId by Lord Mansfield and Butler, J. . .
CitedYarl’s Wood Immigration Ltd and others v Bedfordshire Police Authority ComC 30-Sep-2008
The owners of the Yarslwood Immigration centre sought damages under the 1886 Act after a riot at the centre caused substantial damage.
Held: The claim failed: ‘The fact that YWIL and GSL [the appellants] were acting as public authorities . .
CitedThe Kate 1899
The Kate was totally lost in a collision with the defendants’ ship, whilst on the ballast leg of a charterparty. The issue was whether in a case of total loss as opposed to partial loss of a ship without a cargo, the plaintiffs could recover only . .
CitedThe ‘Columbus’ 9-Mar-1849
Where a vessel is sunk in a collision, and compensation is awarded by the Court of Admiralty to the full value of the vessel as for a total loss, the plaintiff will not be able to recover anything in the nature of a demurrage for loss of the . .
CitedHanlon v The Law Society HL 1981
The House considered the impact of the statutory charge under the 1974 Act in matrimonial proceedings.
Held: The costs in respect of which the statutory charge bit were the costs of the whole divorce proceedings and not just the financial . .
CitedBedfordshire Police Authority v Constable and others ComC 20-Jun-2008
The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance . .
CitedSt Mary’s Kenmure and Another v East Dunbartonshire Council and Another SCS 27-Dec-2012
The Court was asked whether section 10 of the 1822 Act provides a remedy to the operators and/ or the heritable proprietors of a secure unit residential facility. . .

Lists of cited by and citing cases may be incomplete.

Police, Damages

Updated: 13 January 2022; Ref: scu.562187

Bennett, Regina (on The Application of) v HM Coroner for Inner South London: Admn 3 Feb 2006

The deceased had been shot by a police officer. The family now challenged the refusal of the coroner to leave to the jury at the inquest a verdict of unlawful killing.
Held: The claim failed.

Collins J
[2006] EWHC 196 (Admin), [2006] HRLR 22, [2006] Inquest LR 21, [2006] Po LR 123, (2006) 170 JP 109
Bailii
England and Wales

Coroners, Human Rights, Police

Updated: 12 January 2022; Ref: scu.561481

Fitzpatrick and Others v The Commissioner of Police of The Metropolis: QBD 11 Jan 2012

The claimants, two solicitors and their employer firm sought damages alleging trespass and malicious procurement by police officers in obtaining and executing search warrants against the firm in 2007 when they were investigating suspected offences of money laundering. Clients of the firm had been arrested and convicted of drug dealing related offences. The firm was to be asked to act in a conveyancing matter. The solicitors told the police that they would inform the client of the approach, and if the client wished to proceed they would either seek consent to the transaction from the Serious Organised Crime Agency (SOCA), or, if the client objected, they would withdraw. The police officer said that the client should not be informed of their interest. Receiving instructions, the solicitor acted as requested, obtaining the SOCA consent, and notifying the police officer but not the client. Fuether notifications and conversations were held, and the client was coming under threat of violence. The officers sought arrest warrants against the solicitors, an arrest was made and search warrants executed. After many months on bail no action had been taken against the the claimants.
Held: All the claims failed. The court set out what must be established to justify the arrests – a genuine supsicion, a basis for that suspicion, sufficicient to a reasonable man, a genuine belief that an arrest was necessary, and a basis for that belief sufficient for a reasonable man in possession of the facts and the law.
Though there had been errors by the police there was intelligence to support the warrants, and the officer’s belief was genuine.
Here the first claimant had attended a former client at prison without informing his current representatives, and had made less than full disclosures to SOCA, even though acting in accordance with her understanding of the Guidance to the profession.
The officer’s belief was genuine and would have appeared proper to the reasonable man.
As to the arrests the officere belief in the nececssity fore the arrests was genuine and his actions would appear necessray to the reasonable man.

Globe J
[2012] EWHC 12 (QB)
Bailii
Criminal Justice and Police Act 2001 50, Constables Protection Act 1750 6, Criminal Justice and Police Act 2001 50 52 59
England and Wales
Citing:
CitedShields v Merseyside Police CA 17-Nov-2010
The claimant appealed against rejection of her claim for assault and false imprisonment. The officer arresting her wrongly believed that she had already been arrested, and it was said that he could not have gone through the steps necessary for an . .
CitedBritish Basic Slag Limited v Registrar of Restrictive Trading Agreements CA 1963
The court considered the meaning of section 6 of the 1956 Act. It was argued that the trial Judge had erred in holding that an arrangement within the meaning of the expression exists when, by communications between the parties, ‘each has . .
CitedAssociated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
CitedHussien v Chong Fook Kam PC 7-Oct-1969
(Malaysia) The Board considered the propriety of an arrest by the police. Lord Devlin said: ‘An arrest occurs when a police officer states in terms that he is arresting or when he uses force to restrain the individual concerned. It occurs also when . .
CitedHolgate-Mohammed v Duke HL 1984
A police officer had purported to arrest the plaintiff under the 1967 Act, suspecting her of theft. After interview she was released several hours later without charge. She sought damages alleging wrongful arrest. The judge had found that he had . .
CitedHayes v Merseyside Police CA 29-Jul-2011
The claimant had been arrested after a complaint of harassment. The officer then contacted the complainant who then withdrew his complaint. The officer went to visit the complainant to discuss it further. On his return the claimant was released from . .
CitedO’Hara v Chief Constable of the Royal Ulster Constabulary HL 21-Nov-1996
Second Hand Knowledge Supports Resaobnable Belief
The plaintiff had been arrested on the basis of the 1984 Act. The officer had no particular knowledge of the plaintiff’s involvement, relying on a briefing which led to the arrest.
Held: A reasonable suspicion upon which an arrest was founded . .
CitedCumming 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 . .
CitedRegina v Lewes Crown Court ex parte Hill 1991
Bingham LJ said: ‘The Police and Criminal Evidence Act governs a field in which there are two very obvious public interests. There is, first of all, a public interest in the effective investigation and prosecution of crime. Secondly, there is a . .
CitedRegina v Chief Constable for Warwickshire and Others Ex Parte Fitzpatrick and Others QBD 1-Oct-1997
Judicial Review is not the appropriate way to challenge the excessive nature of a search warrant issues by magistrates. A private law remedy is better. Jowitt J said: ‘Judicial review is not a fact finding exercise and it is an extremely . .
CitedGibbs and others v Rea PC 29-Jan-1998
(Cayman Islands) The respondent worked for a bank. He disclosed a business interest, but that interest grew in importance to the point where he resigned in circumstances amounting to constructive dismissal. His home and business officers were raided . .
CitedRegina v Chesterfield Justices and Others, Ex Parte Bramley QBD 10-Nov-1999
When police officers executed a search warrant, it was not proper to remove articles at large, in order later to sift through them, and then to return material not covered by the warrant. There is no absolute prohibition against removing articles . .
CitedKeegan and Others v Chief Constable of Merseyside CA 3-Jul-2003
The police had information suggesting (wrongly) that a fugitive resided at an address. An armed raid followed, and the claimant occupant sought damages.
Held: The tort of malicious procurement of a search warrant required it to be established . .
CitedBell v The Chief Constable of Greater Manchester Police CA 19-Jul-2005
The claimant had sued over the way he was treated by the respondent in a fraud investigation. The court had dismissed his claims for wrongful arrest and false imprisonment. A prosecution had been commenced but dropped. The judge had held the arrest . .
CitedEnergy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court Admn 22-Jul-2005
The claimants sought to set aside warrants and executions under them to provide assistance to a foreign court investigating alleged unlawful assistance to companies in Bosnia Herzegovina.
Held: The issue of such a warrant was a serious step. . .
CitedKeegan v United Kingdom ECHR 18-Jul-2006
The claimant had been the subject of a raid by armed police on his home. The raid was a mistake. He complained that the English legal system, in rejecting his claim had not allowed him to assert that the police action had been disproportionate.
CitedBates and Another v Chief Constable of the Avon and Somerset Police and Another Admn 8-May-2009
The claimant had had computers seized by the defendant under searches despite his assertion that they contained legally privileged material. The claimant had been discredited as an expert witness in cases relating to the possession of indecent . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Police, Legal Professions, Human Rights

Updated: 12 January 2022; Ref: scu.450312

Howarth v Commissioner of Police of The Metropolis: QBD 3 Nov 2011

The claimant sought judicial review of a decision to search him whilst travelling to a public protest in London. A previous demonstration involving this group had resulted in criminal damage, but neither the claimant nor his companions were found to be in possession of any materials for causing damage. The claimant said that the officer had no proper grounds of suspicion to justify the search.
Held: The claim failed.
McCombe J said: ‘The rights of expression and of assembly protected by the Convention are indeed precious in a democratic society. However, there is a significant danger of the law becoming ‘over precious’, in a rather different sense, about minimal intrusions into privacy and alleged indirect infringements of the rights of privacy, assembly and expression which are the price today of participation in numerous lawful activities conducted in large groups of people. I do not forget that many such activities, such as travel and attendance at sporting and entertainment events are not rights protected by the Convention. I also note the point made by the European Court in Gillan that persons attending private events and those travelling by air can be taken to consent to such searches. Expression and assembly, like those other lawful activities, are nonetheless encouraged and fostered, rather than hindered, by sensible and good natured controls by the authorities and the sensible and good natured acceptance of such controls by members of the public.’

Hallett LJ, McCombe J
[2011] EWHC 2818 (QB)
Bailii
European Convention on Human Rights 8 10 11, Police and Criminal Evidence Act 1984 1(3)
England and Wales
Citing:
CitedA (A juvenile) v The Queen 1978
Spitting on a police officer’s coat was held to be such a minor ‘damage’ to the coat as not to be criminal damage within the meaning of the 1971 Act at all. Though spitting on a raincoat which was likely to be cleaned easily with a damp cloth did . .
CitedCastorina v Chief Constable of Surrey CA 10-Jun-1988
Whether an officer had reasonable cause to arrest somebody without a warrant depended upon an objective assessment of the information available to him, and not upon his subjective beliefs. The court had three questions to ask (per Woolf LJ): ‘(a) . .
CitedO’Hara v Chief Constable of the Royal Ulster Constabulary HL 21-Nov-1996
Second Hand Knowledge Supports Resaobnable Belief
The plaintiff had been arrested on the basis of the 1984 Act. The officer had no particular knowledge of the plaintiff’s involvement, relying on a briefing which led to the arrest.
Held: A reasonable suspicion upon which an arrest was founded . .
CitedCommissioner 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 . .
CitedCumming 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 . .
CitedKay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
CitedGillan and Quinton v The United Kingdom ECHR 12-Jan-2010
The claimants had been stopped by the police using powers in the 2000 Act. They were going to a demonstration outside an arms convention. There was no reason given for any suspicion that the searches were needed.
Held: The powers given to the . .
CitedTabernacle v Secretary of State for Defence CA 5-Feb-2009
The claimant sought judicial review to test the validity of the bye-laws which prohibited them from camping on public land to support their demonstration.
Held: The bye-laws violated the claimant’s right to freedom of assembly and of . .
CitedGillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another HL 8-Mar-2006
The defendants said that the stop and search powers granted under the 2000 Act were too wide, and infringed their human rights. Each had been stopped when innocently attending demonstrations in London, and had been effectively detained for about . .
CitedThe Sunday Times v The United Kingdom (No 2) ECHR 26-Nov-1991
Any prior restraint on freedom of expression calls for the most careful scrutiny. ‘Freedom of expression constitutes one of the essential foundations of a democratic society subject to paragraph (2) of Article 10. It is applicable not only to . .
CitedLaporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. . .
CitedHashman and Harrup v The United Kingdom ECHR 25-Nov-1999
The defendants had been required to enter into a recognisance to be of good behaviour after disrupting a hunt by blowing of a hunting horn. They were found to have unlawfully caused danger to the dogs. Though there had been no breach of the peace, . .

Cited by:
CitedMarshall v Crown Prosecution Service Admn 17-Jun-2015
A car was seen speeding. Husband and wife each said that they did not know who was driving it in response to notices requiring that information. Mrs M now appealed against her conviction under section 172. . .

Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 12 January 2022; Ref: scu.448160

Steel v Goacher: QBD 1985

Griffiths LJ discussed the lawfulness of a police officer’s stopping of a motorist, and said: ‘It should, however, be stated that the police officer was acting within the execution of his duty by virtue of his power at common law and not by virtue of any power contained in section 159 of the Road Traffic Act.’ Having referred to Beard v Wood he continued: ‘The finding that the police officer was acting lawfully in the execution of his duty at the time he stopped the defendant is sufficient to dispose of the appeal.’

[1985] RTR 98
Road Traffic Act 1972 159
England and Wales
Citing:
CitedBeard v Wood 1980
The court discussed the power of a constable to stop a driver.
Held: Provided the officer was acting in good faith the statutory powers given to him he need have no grounds for stopping a driver. Nothing in the section required the prosecutor . .

Cited by:
CitedBeckett, Regina (on The Application of) v Aylesbury Crown Court Admn 22-Jan-2004
The applicant had unsuccessfully appealed against his conviction for driving with excess alcohol. He had been stopped randomly to check his documents and the road worthiness of the older car.
Held: The appeal failed. May LJ said: ‘Whether it . .

Lists of cited by and citing cases may be incomplete.

Road Traffic, Police

Updated: 12 January 2022; Ref: scu.425324

Zdziaszek: ECJ 26 Jul 2017

Area of Freedom, Security and Justice : Judicial Cooperation In Criminal Matters : Opinion – Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Surrender procedures between Member States – Conditions for execution – Grounds for optional non-execution – Article 4a(1) of Framework Decision 2009/299/JHA – Arrest warrant issued for the purpose of executing a custodial sentence or a detention order – ‘Trial resulting in the decision’ – Legal proceedings amending or combining a sentence passed previously – Decision handing down a cumulative sentence – Decision handed down without the person concerned having appeared in person – Person convicted not having appeared in person at the trial in the context of his initial conviction, either at first instance or on appeal – Person represented by a legal counsellor in the appeal proceedings – Arrest warrant not providing any information in that regard – Consequences for the executing judicial authority

C-271/17, [2017] EUECJ C-271/17
Bailii
European
Cited by:
CitedKonecny v District Court In Brno-Venkov, Czech Republic SC 27-Feb-2019
K had been convicted and sentenced in his absence. His extradition was requested under an EAW which asserted that it was based upon an enforceable judgment, but that he had an unqualified right to be retried. He argued that the delay (since 2004 for . .

Lists of cited by and citing cases may be incomplete.

Police, Extradition

Updated: 11 January 2022; Ref: scu.593574

G, Regina (on The Application of) v Chief Constable of Surrey Police and Others: Admn 19 Feb 2016

Case concerning the vexed issue of the interconnected legal regimes for the retention of data relating to the administration of a caution for offences committed as a juvenile, the exercise of the discretion by the data controller to delete such data, and the duty to provide data that is retained to a prospective employer under the enhanced disclosure regime.

Blake J
[2016] EWHC 295 (Admin)
Bailii
England and Wales

Police, Information

Updated: 10 January 2022; Ref: scu.560242

Regina (U) v Commissioner of Police of the Metropolis; Regina (R) v Chief Constable of Durham Constabulary: Admn 29 Nov 2002

In each case the youth aged 15 had been given a warning after admitting a sexual assault, and a decision had been made not to prosecute. On accepting the warnings, they had then been required to place their names on the sex offenders register, but this had not been explained to them when asked about accepting the warning.
Held: In one case, the acceptance of guilt was equivocal in any event. The placing of a name on the sex offender’s register added a public dimension to the consequences of accepting guilt, but without the putative offender having the opportunity of a trial. To have this happen without the consequences being explained, and by an administrative procedure was unfair.
Held: The warning procedure was not one requiring the consent of the youth (as opposed to a caution of an adult)

Latham LJ, Field J
Times 10-Dec-2002, [2003] 1 WLR 897, [2002] EWHC 2486 (Admin)
Bailii
European Convention on Human Rights 6.1, Crime and Disorder Act 1998 65 66
England and Wales

Criminal Sentencing, Human Rights, Police

Updated: 09 January 2022; Ref: scu.178366

Gallagher for Judicial Review (NI): SC 30 Jan 2019

Each appellant complained of the disclosure by the respondent of very old and minor offences to potential employers, destroying prospects of finding work. Two statutory schemes were challenged, raising two separate questions, namely whether any interference with Article 8 ECHR is: (1) ‘in accordance with the law’ (‘the legality test’) and (2) ‘necessary in a democratic society’ (‘the proportionality test’).
Held: The appeals failed (save for W). Orders in the CA were varied to accord with the proportionality test. Lord Kerr, dissenting, disagreed with the majority’s approach to the legality test and its application of the proportionality test. Lord Kerr would have dismissed the appeals (including in W’s case) and affirmed the declarations of incompatibility made by the EWCA and NICA.
Article 8 ECHR was engaged and two conditions thus applied, namely satisfaction of: (1) the legality test and (2) the proportionality test. The legality test requires, at least, accessibility and foreseeability.
154
Lord Sumption considered that the legality test, whether under Article 8 ECHR or otherwise, did not involve questions of degree. For him, accessibility required that it must be possible to discover what the provisions of a legal measure are, while foreseeability requires that a measure does not confer an unconstrained discretion. However, if the issue is how much discretion is too much (i.e. a question of degree), only the proportionality test can be used for review.

Lady Hale, President,
,
Lord Kerr,
,
Lord Sumption,
,
Lord Carnwath,
,
Lord Hughes
[2019] UKSC 3, [2019] 3 All ER 823, [2019] 2 WLR 509, [2019] NI 123, [2019] HRLR 6, [2020] AC 185, (2019) 22 CCL Rep 229, UKSC 2016/0195
Bailii, Bailii Summary, SC, SC Summary, SC Summary Video, SC 12018 Jun 19 am video, SC 2018 Jun 19 pm Video, SC 2018 Jun 20 am Video, SC 2018 Jun 20 pm Video, SC 2018 Jun 21 am Video
European Convention on Human Rights 8, Rehabilitation of Offenders Act 1974 4(2) 4(3), Rehabilitation of Offenders (Northern Ireland) Order 1978, Rehabilitation of Offenders (Exceptions)
Order (Northern Ireland) (SR(NI) 1979/195)
, Police Act 1997 113A 113B, Police Act 1997 (Criminal Record
Certificates: Relevant Matters) (Amendment) (Northern Ireland) Order (SI 2014/100)
, Rehabilitation Act 1974 (Exceptions) (Amendment) Order (Northern Ireland) Order (SI 2014/27).
Northern Ireland
Citing:
CitedThe Sunday Times v The United Kingdom (No 1) ECHR 6-Nov-1980
The Court had held, inter alia, that there had been a breach of Article 10 by reason of an injunction granted against Times Newspapers Limited in accordance with the English law of contempt of court but no breach of Article 14 (art. 14).
CitedSilver And Others v The United Kingdom ECHR 25-Mar-1983
There had been interference with prisoners’ letters by prison authorities. The Commission considered Standing Orders and Circular Instructions in relation to restrictions on correspondence. The rules were not available to prisoners and were . .
CitedCatt v The United Kingdom ECHR 24-Jan-2019
ECHR Judgment : Article 8 – Right to respect for private and family life : First Section . .
CitedMalone v The United Kingdom ECHR 2-Aug-1984
COURT (PLENARY) The complainant asserted that his telephone conversation had been tapped on the authority of a warrant signed by the Secretary of State, but that there was no system to supervise such warrants, and that it was not therefore in . .
Appeal fromP, Regina (on The Application of) The Secretary of State for The Home Department and Another CA 3-May-2017
Challenge to disclosure by police of spent convictions. . .
Appeal fromGallagher, Re Judicial Review CANI 12-Oct-2016
. .
CitedT and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
CitedHuvig v France ECHR 24-Apr-1990
The court recognised the value, in the context of telephone tapping, of regulatory control, including supervision by the courts if need be, even though it was found to be lacking in this case in the absence of legislation or case law. . .
CitedEvans v United Kingdom ECHR 10-Apr-2007
The claimant said that the English law on assisted conception infringed her right to family life. She had began treatment with her partner, and was given a cycle of in-vitro fertilisation before her cancerous condition required removal of her . .
CitedSegerstedt-Wiberg and Others v Sweden ECHR 6-Jun-2006
The Court, having regard to the scope of the notion of ‘private life’ as interpreted in its case-law . . finds that the information about the applicants that was stored on the Secret Police register and was released to them clearly constituted data . .
CitedKruslin v France ECHR 24-Apr-1990
Hudoc The claimant complained of the interception of her telephone calls.
Held: The condition of legality relates to the characteristics of the legislation itself, and not just to its application in the . .
CitedAmann v Switzerland ECHR 16-Feb-2000
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 with regard to interception of telephone call; Violation of Art. 8 with regard to creation and storing of information card; Preliminary objection . .
CitedS v The United Kingdom; Marper v The United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The court commented that ‘in determining whether the personal information retained by the authorities involves any of the private-life aspects mentioned above, the court will have due regard to the specific context in which the . .
CitedRotaru v Romania ECHR 4-May-2000
Grand Chamber – The applicant, a lawyer, complained of a violation of his right to respect for his private life on account of the use against him by the Romanian Intelligence Service of a file which contained information about his conviction for . .
CitedGillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another HL 8-Mar-2006
The defendants said that the stop and search powers granted under the 2000 Act were too wide, and infringed their human rights. Each had been stopped when innocently attending demonstrations in London, and had been effectively detained for about . .
CitedLiberty And Others v United Kingdom ECHR 1-Jul-2008
Liberty complained that the interception of their communications under the 1985 Act between 1990 and 1997 had infringed their article 8 rights, since the Act was insufficiently clear.
Held: The infringements were established. The mere . .
CitedThe Christian Institute and Others v The Lord Advocate SC 28-Jul-2016
(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to . .
CitedCatt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis SC 4-Mar-2015
Police Data Retention Justifiable
The appellants challenged the collection of data by the police, alleging that its retention interfered with their Article 8 rights. C complained of the retention of records of his lawful activities attending political demonstrations, and T . .
CitedKvasnica v Slovakia ECHR 9-Jun-2009
. .
CitedDragojevic v Croatia ECHR 15-Jan-2015
. .
CitedAnimal Defenders International v The United Kingdom ECHR 22-Apr-2013
ECHR (Grand Chamber) Article 10-1
Freedom of expression
Refusal of permission for non-governmental organisation to place television advert owing to statutory prohibition of political advertising: no . .
CitedPurdy, Regina (on the Application of) v Director of Public Prosecutions HL 30-Jul-2009
Need for Certainty in Scope of Offence
The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the . .
CitedMM v The United Kingdom ECHR 13-Nov-2012
ECHR The applicant complained about the retention and disclosure in the context of a criminal record check of data concerning a caution she received from the police. he applicant, who lived in Northern Ireland, . .
CitedGillan and Quinton v The United Kingdom ECHR 12-Jan-2010
The claimants had been stopped by the police using powers in the 2000 Act. They were going to a demonstration outside an arms convention. There was no reason given for any suspicion that the searches were needed.
Held: The powers given to the . .
CitedL, Regina (On the Application of) v Commissioner of Police of the Metropolis SC 29-Oct-2009
Rebalancing of Enhanced Disclosure Requirements
The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private . .
CitedTigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day . .
CitedR, Regina (on the Application of) v Durham Constabulary and Another HL 17-Mar-2005
The appellant, a boy aged 15, had been warned as to admitted indecent assaults on girls. He complained that it had not been explained to him that the result would be that his name would be placed on the sex offenders register. The Chief Constable . .
CitedKopp v Switzerland ECHR 25-Mar-1998
WCHR Switzerland – monitoring of a law firm’s telephone lines on orders of the Federal Public Prosecutor (sections 66(1 bis) and 77 of the Federal Criminal Procedure Act – ‘the FCPA’)
A lawyer’s home . .
CitedChief Constable of Humberside Police and Others v The Information Commissioner and Another CA 19-Oct-2009
Complaints had been made that the police were not deleting from their criminal records very old records of minor convictions. The police appealed against a finding that they should do so under Data Protection Principles. The Police had used a policy . .
CitedP and A, Regina (on The Application of) v Secretary of State for Justice and Others Admn 22-Jan-2016
The claimants challenged the compliance with their human rights of the system reuiring full disclosure of old convictions on applications for employment. . .
CitedT, Regina (on The Application of) v Chief Constable of Greater Manchester and Others CA 29-Jan-2013
Three claimants appealed against refusal of declarations that the response of the police to requests for Criminal Records Bureau enhanced checks, were a disproportionate interference in their right to private and family life, and in particular that . .
CitedF and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 21-Apr-2010
The defendants had been convicted and sentenced for offences which under the 2003 Act would mean that they stayed permanently on the Sex Offenders’ register without possibility of a review. The Secretary of State appealed aganst a finding that the . .

Lists of cited by and citing cases may be incomplete.

Police, Information, Human Rights

Updated: 09 January 2022; Ref: scu.633291

L, Regina (On the Application of) v Commissioner of Police of the Metropolis: SC 29 Oct 2009

Rebalancing of Enhanced Disclosure Requirements

The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private life. The enhanced record revealed that the claimant’s son had been placed on the child protection register to protect him not from the claimant but from his father. The claimant lost her job.
Held: Some elements of the information disclosed was not public, and the claimant’s article 8 rights were engaged. The effect of X v West Midlands Police tilted the balance too far in favour of disclosure: ‘It has encouraged the idea that priority must be given to the social need to protect the vulnerable as against the right to respect for private life of the applicant. This is clearly shown by the way the rating table in MP9 is constructed and by Det.Supt. Morris’s minute of 2 December 2004. The words ‘ought to be included’ in section 115(7)(b) require to be given much greater attention. They must be read and given effect in a way that is compatible with the applicant’s Convention right and that of any third party who may be affected by the disclosure: Human Rights Act 1998 Act, section 3(1).’
The advice given to police officers should be changed to re-balance the presumptions made, reflecting better the article 8 rights of the applicants. However a declaration as to incompatibility was refused, and the decision was not quashed, since the information disclosed was true and could properly be taken into an account by an employer. Before disclosing, the officer must consider that the information might be relevant and also that it ought to be disclosed.

Lord Hope, Deputy President, Lord Saville, Lord Scott, Lord Brown, Lord Neuberger
[2009] UKSC 3, [2010] Fam Law 21, [2010] 1 All ER 113, [2009] 3 WLR 1056, [2010] AC 410, [2010] 2 FCR 25, [2010] PTSR 245, 2 CCL Rep 573, [2010] HRLR 7, 28 BHRC 391, [2010] UKHRR 115, (2009) 12 CCL Rep 573, UKSC 2009/0104
Bailii, Bailii Summary, SC, SC Summary
Police Act 1997 115(7), European Convention on Human Rights 8, Rehabilitation of Offenders Act 1974 4(2), Serious Organised Crime and Police Act 2005, Criminal Justice Act 2003
England and Wales
Citing:
DisapprovedRegina (X) v Chief Constable of West Midlands Police CA 30-Jul-2004
The claimant had been accused of offences, but the prosecution had been discontinued when the child victims had failed to identify him. The police had nevertheless notified potential employers and he had been unable to obtain work as a social . .
At First InstanceL, Regina (on the Application of) v Commissioner of Police of the Metropolis Admn 19-Mar-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 . .
CitedL, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another CA 1-Mar-2007
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 . .
CitedWright and Others, Regina (on the Application of) v Secretary of State for Health and Another HL 21-Jan-2009
The claimants had been provisionally listed as ‘people considered unsuitable to work with vulnerable adults’ which meant that they could no longer work, but they said they were given no effective and speedy opportunity to object to the listing. . .
CitedSmart v Sheffield City Council: Central Sunderland Housing Company Limited v Wilson CA 25-Jan-2002
Each tenant had become unintentionally homeless, and was granted a non-secure tenancy of accommodation under section 193. Complaints of nuisance were received from neighbours. Possession orders were obtained and now challenged under the Human Rights . .
CitedX v Iceland ECHR 18-May-1976
The right to respect for private life was held to ‘comprise also, to a certain degree, the right to establish and develop relationships with other human beings’. . .
CitedMarckx v Belgium ECHR 13-Jun-1979
Recognition of illegitimate children
The complaint related to the manner in which parents were required to adopt their own illegitimate child in order to increase his rights. Under Belgian law, no legal bond between an unmarried mother and her child results from the mere fact of birth. . .
CitedNiemietz v Germany ECHR 16-Dec-1992
A lawyer complained that a search of his offices was an interference with his private life.
Held: In construing the term ‘private life’, ‘it would be too restrictive to limit the notion of an ‘inner circle’ in which the individual may live his . .
CitedRegina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB CA 18-Mar-1998
Public Identification of Pedophiles by Police
AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought . .
CitedLondon Borough of Harrow v Qazi HL 31-Jul-2003
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and . .
CitedAttorney General’s Reference No 3 of 1999: Application By the British Broadcasting Corporation To Set Aside or Vary a Reporting Restriction Order HL 17-Jun-2009
An application was made to discharge an anonymity order made in previous criminal proceedings before the House. The defendant was to be retried for rape under the 2003 Act, after an earlier acquittal. The applicant questioned whether such a order . .
CitedSidabras And Dziautas v Lithuania ECHR 27-Jul-2004
Former KGB officers complained that they were banned, not only from public sector employment, but also from many private sector posts. This ‘affected [their] ability to develop relationships with the outside world to a very significant degree, and . .
CitedCemalettin Canli v Turkey ECHR 18-Nov-2008
The Court found interference in the applicant’s right to respect of his private life in that the police prepared and submitted to a domestic court an inaccurate report in the context of criminal proceedings against him. . .
CitedRegina v Local Authority and Police Authority in the Midlands, ex parte LM 2000
The court considered the retention of information about an unsubstantiated child sexual abuse allegation. . .
CitedRegina (X) v Chief Constable of West Midlands Police QBD 23-Jan-2004
The claimant, a social worker, had been accused of two offences of indecency with children, but the complainants had failed to identify him. The respondent later disclosed those allegations when called upon to provide an enhanced criminal record . .
CitedPinnington, Regina (on the Application of) v Chief Constable of Thames Valley Police Admn 31-Jul-2008
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 . .
CitedSciacca v Italy ECHR 11-Jan-2005
The court was asked whether the applicant’s rights under Article 8 had been infringed by the release to the press of an identity photograph taken of her by the Italian Revenue Police while she was under arrest and investigation for various criminal . .
CitedReklos and Davourlis v Greece ECHR 15-Jan-2009
(Press release) The court considered the rights when photographs were taken in public: ‘the court finds that it is not insignificant that the photographer was able to keep the negatives of the offending photographs, in spite of the express request . .

Cited by:
CitedBH v Secretary of State for The Home Department Admn 17-Nov-2009
The claimant was subject to a non-derogating control order under the 2005 Act. A relaxation was sought to allow him to visit his solicitors. But was offered subject to conditions which included a requirement that he be subject to a personal search. . .
CitedSheikh and Another v Dogan and Others ChD 17-Nov-2009
The judge had reserved his judgment, but had since received further voluminous representations from a party.
Held: None of the matters raised suggested a proper reason for exercising the jurisdiction given by In re Barrell. The claimant was . .
CitedC, Regina (on The Application of) v Secretary of State for The Home Department and Another CA 19-Jan-2011
The Chief Constable appealed against an order made against him on the disclosure made on replying to an Enhanced Criminal Record Certificate request, of unproven sexual misconduct allegations against the claimant. The judge had found the disclosure . .
CitedGC v The Commissioner of Police of The Metropolis SC 18-May-2011
The court was asked to decide from whom DNA samples could lawfully be taken by the Police,and for how long they should be kept. The first respondent now said that a declaration of incompatibility of section 64(1A) could not be avoided.
Held: . .
BindingT, Regina (on The Application of) v Greater Manchester Police and Another Admn 9-Feb-2012
The claimant challenged the terms of an enhanced Criminal Records Certificate issued by the defendant. He had been warned in 2002 for suspicion of theft of two cycles. The record had been stepped down in 2009, but then re-instated. He wished to . .
CitedStratton, Regina (on The Application of) v Thames Valley Police Admn 7-Jun-2013
The claimant requested the court to set aside a caution accepted by her, when she said that she had not understood the serious consequences and had not admitted the offence.
Held: It was for each Chief Constable to draft his own policy, but . .
CitedCatt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis SC 4-Mar-2015
Police Data Retention Justifiable
The appellants challenged the collection of data by the police, alleging that its retention interfered with their Article 8 rights. C complained of the retention of records of his lawful activities attending political demonstrations, and T . .
CitedT and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
CitedNT 1 and NT 2 v Google Llc QBD 13-Apr-2018
Right to be Forgotten is not absolute
The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims . .
CitedAR, Regina (on The Application of) v Chief Constable of Greater Manchester Police and Another SC 30-Jul-2018
The appellant had been tried for and acquitted on a criminal charge. He now challenged the disclosure by the respondent of the charge in an Enhanced Criminal Record Certificate.
Held: His appeal failed. The critical question was whether the . .
CitedGallagher for Judicial Review (NI) SC 30-Jan-2019
Each appellant complained of the disclosure by the respondent of very old and minor offences to potential employers, destroying prospects of finding work. Two statutory schemes were challenged, raising two separate questions, namely whether any . .

Lists of cited by and citing cases may be incomplete.

Police, Information, Human Rights

Leading Case

Updated: 09 January 2022; Ref: scu.377319

T, Regina (on The Application of) v Chief Constable of Greater Manchester and Others: CA 29 Jan 2013

Three claimants appealed against refusal of declarations that the response of the police to requests for Criminal Records Bureau enhanced checks, were a disproportionate interference in their right to private and family life, and in particular that the disclosure of old convictions infringed their human rights.
Held: The appeals succeeded. The statutory system which required undicriminaig disclosure of all convictions and all cautions for recordable offences was disproportionate both to (i) the general aim of protecting employers and, in particular, children and vulnerable adults in their care, and (ii) the particular aim of enabling employers to make an assessment as to whether the individual was suitable for a particular kind of work.

Lord Dyson MR, Richards, Davis LJJ
[2013] EWCA Civ 25, [2013] WLR(D) 33, [2013] 1 WLR 2515, [2013] HRLR 14, [2013] 1 Cr App R 27, [2013] 2 All ER 813
Bailii, Judiciary, WLRD
Police Act 1997, Rehabilitation of Offenders Act 1974, Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, European Convention on Human Rights 8, Human Rights Act 1998 4
England and Wales
Citing:
CitedSidabras and Dziautas v Lithuania ECHR 27-Jul-2004
Former KGB officers had been banned from employment in a range of public and private sector jobs, including as lawyers, notaries, bank employees and in the teaching profession. They complained of infringement of Article 8 taken alone and also in . .
CitedChief Constable of Humberside Police and Others v The Information Commissioner and Another CA 19-Oct-2009
Complaints had been made that the police were not deleting from their criminal records very old records of minor convictions. The police appealed against a finding that they should do so under Data Protection Principles. The Police had used a policy . .
CitedJF and Another, Regina (On the Application of) v Secretary of State for the Home Department CA 23-Jul-2009
The claimants complained of the system under which they had been placed on the sex offenders’ register indefinitely with no ability to have the registration reviewed. They said that this interfered with their right to respect for their private and . .
CitedAnimal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport HL 12-Mar-2008
The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of . .
CitedMeakin v British Broadcasting Corporation and Others ChD 27-Jul-2010
The claimant alleged that the proposal for a game show submitted by him had been used by the various defendants. He alleged breaches of copyright and of confidence. Application was now made to strike out the claim. . .

Cited by:
Appeal fromT and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
CitedGallagher for Judicial Review (NI) SC 30-Jan-2019
Each appellant complained of the disclosure by the respondent of very old and minor offences to potential employers, destroying prospects of finding work. Two statutory schemes were challenged, raising two separate questions, namely whether any . .

Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 09 January 2022; Ref: scu.470622

Chief Constable of Humberside Police and Others v The Information Commissioner and Another: CA 19 Oct 2009

Complaints had been made that the police were not deleting from their criminal records very old records of minor convictions. The police appealed against a finding that they should do so under Data Protection Principles. The Police had used a policy agreed with the Respondent, but had withdrawn it following the Bichard inquiry, and replaced it with a policy restricting what would be discarded. The new policy was not agreed.
Held: The 1998 Act does not restrict what data can be held, but requires instead indentification of what is held and its purpose. The Commissioner’s reliance on the concept of ‘core purposes’ was misconceived and led to the tribunal ‘getting off on the wrong foot’. The Tribunal had erred. What the police required for their purposes was a matter for them: ‘If the police say rationally and reasonably that convictions, however old or minor, have a value in the work they do that should, in effect, be the end of the matter.’ The case related to issues of data retention, and the issues of disclosure were not argued. A policy of ‘stepping down’ records of less serious offences could not be accommodated within the terms of the 1997 Act.

Waller LJ, Carnwath LJ, Hughes LJ
[2009] EWCA Civ 1079, Times 22-Oct-2009, [2010] 1 WLR 1136
Bailii
Data Protection Act 1998, Police and Criminal Evidence Act 1984 27(4), Rehabilitation of Offenders Act 1974, The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, Police Act 1997
England and Wales
Cited by:
CitedT, Regina (on The Application of) v Greater Manchester Police and Another Admn 9-Feb-2012
The claimant challenged the terms of an enhanced Criminal Records Certificate issued by the defendant. He had been warned in 2002 for suspicion of theft of two cycles. The record had been stepped down in 2009, but then re-instated. He wished to . .
CitedT, Regina (on The Application of) v Chief Constable of Greater Manchester and Others CA 29-Jan-2013
Three claimants appealed against refusal of declarations that the response of the police to requests for Criminal Records Bureau enhanced checks, were a disproportionate interference in their right to private and family life, and in particular that . .
CitedCatt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis SC 4-Mar-2015
Police Data Retention Justifiable
The appellants challenged the collection of data by the police, alleging that its retention interfered with their Article 8 rights. C complained of the retention of records of his lawful activities attending political demonstrations, and T . .
CitedGallagher for Judicial Review (NI) SC 30-Jan-2019
Each appellant complained of the disclosure by the respondent of very old and minor offences to potential employers, destroying prospects of finding work. Two statutory schemes were challenged, raising two separate questions, namely whether any . .

Lists of cited by and citing cases may be incomplete.

Information, Police

Updated: 09 January 2022; Ref: scu.376166

R, Regina (on the Application of) v Durham Constabulary and Another: HL 17 Mar 2005

The appellant, a boy aged 15, had been warned as to admitted indecent assaults on girls. He complained that it had not been explained to him that the result would be that his name would be placed on the sex offenders register. The Chief Constable appealed a decision that this was an interference in his human rights.
Held: The procedure did not depend upon any consent of R and neither the warning of R nor the decision to warn him involved the determination of a criminal charge against him. Had they done so, as the appellants acknowledged, there would have been no valid waiver by him of his fair trial right. But as it was, his fair trial rights were not engaged. (Lord Steyn and Baroness Hale dissenting) Baroness Hale: ‘constructive diversion policies and practices are thoroughly consistent with the fundamental principles of all these international instruments. However, diversion is not to be bought at the cost of basic fairness to the child. The child is a human being, not a mere object of social control . . Children will not be brought up to obey the law and respect the rights of others if they perceive that the system is treating them arbitrarily or unfairly. The fundamental issue in this appeal is whether it is fair to subject a child to a formal diversion process with mandatory legal consequences without first obtaining his informed consent. ‘

Bingham, Steyn, Rodger, Hale, Brown LL
Times 18-Mar-2005, [2005] UKHL 21, [2005] 1 WLR 1184, [2005] 2 All ER 369, [2005] All ER (D) 278, [2006] Crim LR 87
Bailii, House of Lords
Crime and Disorder Act 1998 65 66
England and Wales
Citing:
CitedX v United Kingdom ECHR 1972
The defendant had been convicted of knowingly living on the earnings of prostitution contrary to section 30(1) of the Sexual Offences Act 1956.
Held: The Commission rejected as manifestly ill-founded the applicant’s challenge to this provision . .
CitedFayed v United Kingdom ECHR 6-Oct-1994
The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb . .
CitedThompson 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 . .
CitedAttorney-General’s Reference (No 2 of 2001) HL 11-Dec-2003
The house was asked whether it might be correct to stay criminal proceedings as an abuse where for delay. The defendants were prisoners in a prison riot in 1998. The case only came on for trial in 2001, when they submitted that the delay was an . .
CitedIbbotson v United Kingdom ECHR 1998
While the applicant was serving a sentence for possession of obscene material, the 1997 Act came into force, requiring him to register with the police. It was argued that the passing of the Act and its impact on the offender involved a ‘penalty’ . .
CitedS v Miller SCS 2001
After an assault S, aged 15, was detained, arrested and charged with assaulting L. The procurator fiscal decided not to prosecute, and the matter was reported to the police and to the reporter and on to a children’s hearing to consider if measures . .
CitedPorter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
CitedPorter v United Kingdom ECHR 2003
A large surcharge imposed on the applicant was compensatory, not punitive. The criminal limb of article 6 was not engaged. . .
CitedRaimondo v Italy ECHR 22-Feb-1994
The applicant was arrested and placed under house arrest on charges relating to his association with the Mafia. As an interim measure some of his property was seized. The proceedings ended in his acquittal. He claimed that the seizure of his . .
CitedS, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper HL 22-Jul-2004
Police Retention of Suspects DNA and Fingerprints
The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life.
Held: The parts of DNA used for testing . .
CitedClingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others HL 17-Oct-2002
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made.
Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards . .
CitedRegina v Field (Brian John); Regina v Young (Alfred) CACD 12-Dec-2002
Each applicant having been convicted of indecent assaults involving children, now appealed an order banning them from working with children.
Held: The orders were not penalties within article 7. The order was available in the absence of a . .
CitedRegina (M) v Inner London Crown Court Admn 10-Feb-2003
The applicant’s daughter had been convicted of a petty assault, and she had herself been made subject of a twelve month parenting order. She appealed.
Held: Parenting orders are proper within a democratic society, and do not infringe a . .
CitedAdolf v Austria ECHR 26-Mar-1982
An elderly lady complained that the applicant had assaulted her. The police investigated and reported back to the prosecutor who referred the matter to the Innsbruck District Court. The court registered the case as a ‘punishable act’ under section . .

Cited by:
CitedWyman, Regina (on the Application of) v The Chief Constable of Hampshire Constaulary Admn 24-Jul-2006
The claimant challenged a formal caution administered against him for an alleged sexual assault. He denied that he had made any clear admission of the offence.
Held: The requirement under the procedure was for a clear admission of guilt, but . .
CitedJones v Whalley HL 26-Jul-2006
The appellant had assaulted the respondent. He had accepted a caution for the offence, but the claimant had then pursued a private prosecution. He now appealed refusal of a stay, saying it was an abuse of process.
Held: The defendant’s appeal . .
CitedStratton, Regina (on The Application of) v Thames Valley Police Admn 7-Jun-2013
The claimant requested the court to set aside a caution accepted by her, when she said that she had not understood the serious consequences and had not admitted the offence.
Held: It was for each Chief Constable to draft his own policy, but . .
CitedGallagher for Judicial Review (NI) SC 30-Jan-2019
Each appellant complained of the disclosure by the respondent of very old and minor offences to potential employers, destroying prospects of finding work. Two statutory schemes were challenged, raising two separate questions, namely whether any . .

Lists of cited by and citing cases may be incomplete.

Children, Police, Human Rights

Updated: 09 January 2022; Ref: scu.223641

Miranda, Regina (on The Application of) v Secretary of State for The Home Department and Others: CA 19 Jan 2016

The claimant had been stopped at Heathrow by the defendant’s officers, and an encrypted data device had been taken from him using powers derived from the 2000 Act. The device was thought to contain material taken from the US NSA security service. He said that the use of such powers was excessive.

Lord Dyson MR, Richards, Floyd LJJ
[2016] EWCA Civ 6
Bailii
Terrorism Act 2000
England and Wales
Citing:
CitedRegina v Southwark Crown Court, Ex Parte Bowles (On Appeal From A Divisional Court of the Queen’s Bench Division) HL 7-Apr-1998
An application had been made for a production order under section 93H of the 1988 Act which was concerned with the recovery of the proceeds of criminal conduct. The issue was whether an order obtained for the purpose of assisting in the recovery of . .
CitedMiranda v Secretary of State for The Home Department and Others Admn 19-Feb-2014
The claimant alleged that his detention by the police and the removal from him of encrypted computer storage devices purporting to use powers under the 2000 Act. He and his journalist partner had received and published materials said to be of . .

Lists of cited by and citing cases may be incomplete.

Police, Media, Human Rights

Updated: 09 January 2022; Ref: scu.558932

Curtis (AKA Jason) Davis v Commissioner of Police of The Metropolis: QBD 15 Jan 2016

The claimant sought damages after being shot by police officers.

Nicol J
[2016] EWHC 38 (QB)
Bailii
England and Wales
Cited by:
CitedRathband v Northumbria Constabulary QBD 5-Feb-2016
The PRs of an officer who had been shot whilst on duty sued the Chief Constable alleging negligence after he later committed suicide.
Held: The action failed. The claimant, before his death, had over-estimated the time between the warning . .

Lists of cited by and citing cases may be incomplete.

Police, Personal Injury, Torts – Other

Updated: 09 January 2022; Ref: scu.558742

Manser, Regina (on The Application of) v Commissioner of Police for The Metropolis: Admn 15 Dec 2015

The Claimant seeks to challenge an Adult Caution administered on her by the Defendant on 15 July 2014 for an alleged offence of assault occasioning actual bodily harm. She said that the police had failed to disclose properly the extent of injury said to have been suffered by the victim.

Supperstone J
[2015] EWHC 3642 (Admin)
Bailii
England and Wales

Police, Criminal Practice

Updated: 08 January 2022; Ref: scu.557150

B and Others (Former Soldiers) v Police Service of Northern Ireland: Admn 17 Dec 2015

The respondents wished to interview the claimants, former paratroopers, as to their involvement in the ‘Bloody Sunday’. They resisted being obliged to return to Northern Ireland for interview saying that they fully intended to make no comment replies, and that the risk of such a return was disproportionate.
Held: ‘we grant an order prohibiting the PSNI from arresting the claimants in order to interview them under caution in relation to the events of 30 January 1972 upon the claimants undertaking to the court that they will attend for an interview under caution (and remain for the duration of that interview) to be carried out by the PSNI at a police station in England or Wales (or other acceptable location to the Defendant in England or Wales) in relation to the events of 30 January 1972.’

John Thomas LCJ, Openshaw, Carr JJ
[2015] EWHC 3691 (Admin)
Bailii
England and Wales

Police, Armed Forces

Updated: 08 January 2022; Ref: scu.557140

Cooke v Director of Public Prosecutions: Admn 20 Oct 2015

Appeal against conviction for sale of articles of police uniform. The defendant’s assertion that the items had been acquired lawfully succeeded, but the conviction was on the bais that his holding of them for sale made the possession unlawful.

Beatson LJ, Mitting J
[2015] EWHC 3312 (Admin)
Bailii
Police Act 1996
England and Wales

Crime, Police

Updated: 08 January 2022; Ref: scu.557121

The Commissioner of Police of The Metropolis, Regina (on The Application of) v The Independent Police Complaints Commission and Another: CA 10 Dec 2015

The court was asked a, namely whether, once the relevant police authority represented by the Commissioner of Police of the Metropolis has agreed to take no action against a police officer in a specific matter as recommended by an IPCC investigation, the IPCC is functus officio so as to be unable to review or re-open its investigation.

Gloster, Macur, Vos LJJ
[2015] EWCA Civ 1248
Bailii
England and Wales

Police, Administrative

Updated: 08 January 2022; Ref: scu.556786

HM Revenue and Customs (Central Government ): ICO 26 Nov 2015

ICO The complainant submitted a request for communications relating to a named person. The public authority neither confirmed nor denied whether it held the information requested on the basis of section 44(2) FOIA. The Commissioner’s decision is that the public authority was entitled to neither confirm nor deny whether it held the information requested on the basis of section 44(2)(a) FOIA. No steps are required.
FOI 44: Not upheld

[2015] UKICO FS50589713
Bailii
England and Wales

Information, Police

Updated: 08 January 2022; Ref: scu.556698

Hughes, Re Application for Judicial Review v A Lay Magistrate and Another: QBNI 9 Dec 2021

(i) whether the judicial officer concerned, a Lay Magistrate, in acceding to two inter-related applications by the police and issuing two search warrants as requested, had the state of mind mandated by Article 10 PACE and (ii) whether the police applications were compliant with the requisite legal requirements. The applicant invites resolution of both questions in her favour and, further, contends that the searches executed by the police pursuant to the impugned warrants infringed her rights under Article 8 ECHR, contrary to section 6 of the Human Rights Act 1998.

Mccloskey LJ
[2021] NIQB 113
Bailii
Police and Criminal Evidence (NI) Order 1989 10, European Convention on Human Rights 8
Northern Ireland

Magistrates, Police, Human Rights

Updated: 06 January 2022; Ref: scu.670946

JR123, Re Application for Judicial Review: QBNI 1 Nov 2021

The applicant seeks judicial review challenging the legality of Article 6(1) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (‘the 1978 Order’). The effect of this provision is to prevent his previous convictions from ever becoming ‘spent.’ He argues that the relevant provision is incompatible with his right to private and family life under Article 8 of the European Convention on Human Rights (‘ECHR’). By these proceedings he seeks to have the impugned legislation struck down as incompatible with his Article 8 rights along with declaratory relief. The applicant is supported in this case, to include financial support, by the Northern Ireland Human Rights Commission.

Colton J
[2021] NIQB 97
Bailii
Rehabilitation of Offenders (Northern Ireland) Order 1978 6(1), European Convention on Human Rights
Northern Ireland

Police, Human Rights, Criminal Sentencing

Updated: 06 January 2022; Ref: scu.670941

McCann v Crown Prosecution Service: Admn 21 Aug 2015

Appeal by case stated against conviction for obstructing a police officer in the execution of his duty. The appellant had been protesting. She, correctly, thought the land to be a rivate highway. The police officer had thought it a public hghway and had acted accordingly under the 1980 Act.
Held: The appeal failed.
The inspector’s request or direction to the appellant to move could not in the circumstances amount to anything which was prima facie an unlawful interference with the appellant’s liberty or property, and any act of wilful obstruction would not only obstruct the highway but also the inspector in the execution of her duty to clear it. Accordingly she could choose which offence to arrest for, and chose both. The issue is whether that plan was reasonable and lawful. There was nothing unlawful about asking the appellant to move and informing her that if she does not she will be committing a criminal offence. Accordingly, it was not necessary for the officer to have had the correct offence in mind at the time the direction to move was given. It was sufficient for the officer to have taken steps which reasonably appeared to her to be necessary for preventing crime. The fact that the officer in fact had an offence of which the appellant was not guilty in mind did not prevent her from taking steps which in the circumstances, as she believed them to be, reasonably appeared to her to be necessary for preventing crime.

Treacy LJ, Edis J
[2015] EWHC 2461 (Admin)
Bailii
Police Act 1996 89(2), Highways Act 1980 137, Criminal Justice and Public Order Act 1994 68
England and Wales
Citing:
CitedChristie v Leachinsky HL 25-Mar-1947
Arrested Person must be told basis of the Arrest
Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .
CitedHinchcliffe v Sheldon QBD 20-Jan-1955
The appellant was the son of the licensee of an inn. On returning to the inn one night at about 11.17, he found that police officers wished to enter the premises as they suspected that the licensee was committing an offence under the Licensing Act . .
CitedRegina v Waterfield and Lynn 1963
A police officer does not have an unfettered right to restrict movements on private land.
Ashworth J said: ‘In the judgment of this court it would be difficult . . to reduce within specific limits the general terms in which the duties of . .
CitedRice v Connolly 1966
No Legal Duty to Assist a Constable
At common law there is no legal duty to provide the police with information or otherwise to assist them with their inquiries. Lord Parker set out three questions to be answered when asking whether there had been an obstruction of an officer in the . .
CitedFox, Campbell and Hartley v The United Kingdom ECHR 30-Aug-1990
The court considered the required basis for a reasonable suspicion to found an arrest without a warrant: ‘The ‘reasonableness’ of the suspicion on which an arrest must be based forms an essential part of the safeguard against arbitrary arrest and . .
CitedO’Hara v Chief Constable of the Royal Ulster Constabulary HL 21-Nov-1996
Second Hand Knowledge Supports Resaobnable Belief
The plaintiff had been arrested on the basis of the 1984 Act. The officer had no particular knowledge of the plaintiff’s involvement, relying on a briefing which led to the arrest.
Held: A reasonable suspicion upon which an arrest was founded . .
CitedClarke v Chief Constable of North Wales Police Admn 2000
Although the power of arrest without warrant depends on the existence in the mind of the arresting officer of reasonable suspicion of the material elements of an arrestable offence, there is no requirement of law that the constable must have first . .
CitedAlford v Cambridgeshire Police CA 24-Feb-2009
The claimant police officer had been held after an accident when he was in a high speed pursuit of a vehicle into the neighbouring respondent’s area. The prosecution had been discontinued, and he now appealed against rejection of his claims for . .
CitedRawlinson and Hunter Trustee and Others, Regina (on The Application of) v Central Criminal Court and Another Admn 31-Jul-2012
The claimants sought to have search warrants issued under the 1987 Act set aside, saying that they had been procured by non-disclosure and misrepresentation.
Held: The search warrants were set aside: ‘the fact that one or more suspects have . .
CitedB v Director of Public Prosecutions Admn 3-Jul-2008
The defendant, a minor, appealed against conviction for obstructing a police constable and breach of the peace. He said he was resisting an unlawful search.
Held: The officer’s conduct must be lawful to support such an allegation. . .
CitedMetcalf v Crown Prosecution Service Admn 22-Apr-2015
Police officers had attended an address following reports of a domestic disturbance between the appellant and another. Both men were arrested. The appellant objected as the other individual was escorted away by the two officers and placed in the . .
CitedChapman v Director of Public Prosecutions CA 1989
The section required a constable to have reasonable grounds for suspecting that an arrestable offence had been committed before he could arrest without warrant.
Held: Bingham LJ said: ‘It is not of course to be expected that a police constable . .

Lists of cited by and citing cases may be incomplete.

Crime, Police

Updated: 03 January 2022; Ref: scu.551474

Commissioner of Police of The Metropolis v Ahsan: Admn 7 Aug 2015

Application by the Commissioner of Police of the Metropolis for an order to impose notification requirements for a period of 15 years on Syed Talha Ahsan under the 2008 Act. In 2013, he was convicted in the United States of conspiracy to provide material assistance for terrorism through his involvement in a website. He has now returned to the United Kingdom. The notification order will require him for that period to attend police stations to provide, and update, information about his living arrangements and to provide details about his travel plans, for which permission can be refused. Breach of the requirements is punishable with imprisonment of up to 5 years.

Cranston J
[2015] EWHC 2354 (Admin)
Bailii
Counter-Terrorism Act 2008
England and Wales

Crime, Police

Updated: 03 January 2022; Ref: scu.551046

Linehan v Director of Public Prosecutions: Admn 8 Oct 1999

Appeal by way of Case Stated against a decision convicting the Applicant of two charges of assaulting a constable in the execution of his duty, contrary to section 89(1) of the Police Act 1996. He had refused entry to officers acting under a section 18 authority, the appellant’s sone being in custody.
Held: The facts recorded as having been found in the Case Stated do not include any proposition to the effect that the officers explained that they proposed to search the premises for the proceeds of a burglary for which the Applicant’s son had been arrested. The appeal was allowed.

Laws LJ, Potts J
[1999] EWHC 4005 (Admin)
Bailii
Police Act 1996 89(1), Police & Criminal Evidence Act 1984 18
England and Wales
Citing:
AppliedO’Loughlin v Chief Constable of Essex CA 12-Dec-1997
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 . .

Lists of cited by and citing cases may be incomplete.

Crime, Police

Updated: 02 January 2022; Ref: scu.550584

Davis and Others, Regina (on The Application of) v Secretary of State for The Home Department and Others: Admn 17 Jul 2015

The applicants said that section 1 of the 2014 Act was unlawful in that it went against decisions of the European Court.
Held: Section 1 was indeed inconsistent with European Union Law. Section 1, of the Act should be disapplied: (1) insofar as access to and use of communications data retained pursuant to a retention notice is permitted for purposes other than the prevention and detection of serious offences or the conduct of criminal prosecutions relating to such offences; and
(2) insofar as access to the data is not made dependent on a prior review by a court or an independent administrative body whose decision limits access to the use of the data to what is strictly necessary for the purpose of attaining the objective pursued.

Bean LJ, Collins J
[2015] WLR(D) 318, [2015] EWHC 2092 (Admin)
Bailii, WLRD
Charter of Fundamental Rights of the European Union 7 88, Directive 97/66/EC, Directive 2002/58/EC, Directive 2006/24/EC, Data Retention and Investigatory Powers Act 2014 1
Citing:
CitedDigital Rights Ireland v The Minister for Communications, Marine and Natural Resources etc ECJ 8-Apr-2014
ECJ Grand Chamber – Electronic communications – Directive 2006/24/EC – Publicly available electronic communications services or public communications networks services – Retention of data generated or processed . .
CitedThe Rugby Football Union v Consolidated Information Services Ltd SC 21-Nov-2012
The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in . .

Cited by:
Appeal fromSecretary of State for The Home Department v Davis MP and Others CA 20-Nov-2015
The Secretary of State appealed against a ruling that section 1 of the 2014 Act was inconsistent wih European law.
Held: The following questions were referred to the CJEU:
(1) Did the CJEU in Digital Rights Ireland intend to lay down . .

Lists of cited by and citing cases may be incomplete.

Constitutional, Police, Information, European, Human Rights

Updated: 02 January 2022; Ref: scu.550378

Mehdiyev v Azerbaijan: ECHR 18 Jun 2015

Article 3
Effective investigation
Failure to take action in response to complaints concerning the alleged ill-treatment of a journalist: violation
Facts – In 2007 the applicant, a journalist, published two articles critical of the situation in the Nakhchivan Autonomous Republic (‘the NAR’). The subsequent events are in dispute. According to the applicant, on 22 September 2007 the head of the district department of the Ministry of National Security (‘the MNS’) accused him of having published defamatory articles, following which he was arrested and taken to MNS premises where he was kicked and punched by five MNS agents. After his release at 2 a.m. the following day he immediately informed a newspaper of his arrest. Since it was too early in the day to see a doctor, he asked relatives to take photographs of his injuries. Later that morning he was rearrested by the police who wanted to know why he had informed the press of his arrest. According to the Government, the applicant was arrested for having used loud and abusive language in public.
Later that day, a District Court sentenced the applicant to fifteen days’ administrative detention for obstructing the police. He was then examined by a doctor but was not provided with a medical report. According to the applicant, he was deprived of food and water and received no bedding during his detention. He was forced to spend nights outside on the concrete walkway, was continuously handcuffed and suffered badly from mosquito bites. On 27 September 2007 he was released and treated in hospital, but was not given an official medical certificate. The applicant produced an unsigned medical record dated 1 October 2007 which stated that he had a broken rib but did not provide any further information.
On 3 October 2007 the applicant lodged a criminal complaint with the District Prosecutor’s Office relying on Articles 3, 5 and 10 of the European Convention. He subsequently lodged further complaints with the Prosecutor’s General Office, the Ministry of Internal Affairs, the Ombudsman, the District Court, the Supreme Court of NAR, the Supreme Court of Azerbaijan and the Judicial Legal Council. Although he was informed that his complaints had been forwarded to the competent investigating authority, no action was ever taken.
Law – Article 3 (procedural aspect): The Court was called upon to determine whether the national authorities had failed to conduct an effective official investigation into an arguable claim of ill-treatment by the police in breach of Article 3. It noted at the outset that the complaints the applicant had lodged with the domestic bodies had not led to criminal inquiries and no action had been taken by the domestic courts even though sufficient information regarding the identity of the alleged perpetrators and the date, place and nature of the alleged ill-treatment had been provided. The applicant had thus had an arguable claim that had required the authorities to conduct an effective investigation into his allegations.
Notwithstanding the information by the Prosecutor General’s Office and the Ministry of Internal Affairs that the applicant’s complaints had been forwarded to the investigating authorities for examination, no criminal inquiry had ever been initiated. The prosecuting authorities had not ordered the applicant’s forensic examination, or heard the applicant, the alleged perpetrators of the ill-treatment or any other possible witnesses. Finally, the Government had provided no explanation for the failure to conduct an investigation. Accordingly, there had been no effective investigation into the applicant’s claim of ill-treatment.
Conclusion: violation (unanimously).
Article 3 (substantive aspect): As regards the applicant’s alleged ill-treatment by agents of the MNS, the Court had to assess whether his allegations were supported by appropriate evidence. The applicant had presented a detailed description of his ill-treatment as well as photographs taken by his family allegedly directly after his release from detention and an unsigned medical record of 1 October 2007. However, that evidence was insufficient for the Court to determine ‘beyond reasonable doubt’ that the applicant had been subjected to the alleged treatment by agents of the State.
Conclusion: no violation (six votes to one).
The Court also held by six votes to one that there had been no violation of Articles 5 or 10 of the Convention.
Article 41: EUR 10,000 in respect of non-pecuniary damage; claim in respect of pecuniary damage dismissed.

59075/09 – Chamber Judgment, [2015] ECHR 590, 59075/09 – Legal Summary, [2015] ECHR 675
Bailii, Bailii Summary
European Convention on Human Rights

Human Rights, Police

Updated: 02 January 2022; Ref: scu.549946

CE, Re Judicial Review: QBNI 24 Jun 2015

The applicant, CE, is a resident of the Carrick Hill area of North Belfast. She is a member of North Belfast Civil Rights Association (‘NBCRA’). She seeks declarations that the decisions of the Police Service of Northern Ireland (‘PSNI’) and the Parades Commission to accept an ‘Advanced Notification’ form pertaining to a parade related protest was unlawful in that it did not comply with all the requirements of the Public Processions (NI) Act 1998.

Horner J
[2015] NIQB 55
Bailii

Northern Ireland, Police

Updated: 02 January 2022; Ref: scu.549861

Gillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: HL 8 Mar 2006

The defendants said that the stop and search powers granted under the 2000 Act were too wide, and infringed their human rights. Each had been stopped when innocently attending demonstrations in London, and had been effectively detained for about twenty minutes or more before being allowed to continue. An authorisation had been granted by an assistant commissioner for searches to be carried out throughout the capital.
Held: The appeals failed. The authorisation had been considered and proportionate to the threat to the capital.
As to whether being stopped amounted to a deprivation of liberty: ‘I would accept that when a person is stopped and searched under sections 44-45 the procedure has the features on which the appellants rely. On the other hand, the procedure will ordinarily be relatively brief. The person stopped will not be arrested, handcuffed, confined or removed to any different place. I do not think, in the absence of special circumstances, such a person should be regarded as being detained in the sense of confined or kept in custody, but more properly of being detained in the sense of kept from proceeding or kept waiting. There is no deprivation of liberty.’
Lord Bingham said: ‘It is an old and cherished tradition of our country that everyone should be free to go about their business in the streets of the land, confident that they will not be stopped and searched by the police unless reasonably suspected of having committed a criminal offence. So jealously has this tradition been guarded that it has almost become a constitutional principle. But it is not an absolute rule. There are, and have for some years been, statutory exceptions to it. These appeals concern an exception now found in sections 44-47 of the Terrorism Act 2000 (‘the 2000 Act’). The appellants challenge the use made of these sections and, in the last resort, the sections themselves. Since any departure from the ordinary rule calls for careful scrutiny, their challenge raises issues of general importance.’
. . and: ‘The lawfulness requirement in the Convention addresses supremely important features of the rule of law. The exercise of power by public officials, as it affects members of the public, must be governed by clear and publicly-accessible rules of law. The public must not be vulnerable to interference by public officials acting on any personal whim, caprice, malice, predilection or purpose other than that for which the power was conferred. This is what, in this context, is meant by arbitrariness, which is the antithesis of legality. This is the test which any interference with or derogation from a Convention right must meet if a violation is to be avoided.’
Lord Bingham went on to say: ‘The claimants contended that the exercise of the section 45 stop and search power necessarily involves the interference with the exercise of the article 8(1) right, and therefore had to be justified under article 8(2). The defendants did not accept that there would necessarily be such interference, but accepted that there might, as where (for instance) an officer in the course of a search perused an address book, or diary, or correspondence. I have no doubt but that the defendants’ concession is rightly made. I am, however, doubtful whether an ordinary superficial search of the person can be said to show a lack of respect for private life. It is true that ‘private life’ has been generously construed to embrace wide rights to personal autonomy. But it is clear Convention jurisprudence that intrusions must reach a certain level of seriousness to engage the operation of the Convention, which is, after all, concerned with human rights and fundamental freedoms, and I incline to the view that an ordinary superficial search of the person and an opening of bags, of the kind to which passengers uncomplainingly submit at airports, for example, can scarcely be said to reach that level.’

Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood
[2006] UKHL 12, Times 09-Mar-2006, [2006] 2 AC 307, [2006] UKHRR 740, [2006] 2 WLR 537, [2006] 2 Cr App R 36, [2006] Crim LR 752, [2006] HRLR 18, 21 BHRC 202, [2006] Po LR 26, [2006] 4 All ER 1041
Bailii, HL
Terrorism Act 2000 44, European Convention on Human Rights 5 8 10
England and Wales
Citing:
At first instanceGillan and Another, Regina (on the Application of) v Commissioner of the Police for the Metropolis and Another Admn 31-Oct-2003
The applicants challenged by way of judicial review the way they had been stopped and searched under the Act. They attended a demonstration. The search revealed nothing suspicious. General authorisations for such searches had been issued under the . .
Appeal fromGillan 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 . .
CitedA v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .
CitedThe Republic of Ireland v The United Kingdom ECHR 18-Jan-1978
The UK lodged a derogation with the Court as regards its human rights obligations in Northern Ireland because of the need to control terroist activity. The Government of Ireland intervened. From August 1971 until December 1975 the UK authorities . .
CitedHL v United Kingdom ECHR 2004
Patient’s lack of Safeguards was Infringement
The claimant had been detained at a mental hospital as in ‘informal patient’. He was an autistic adult. He had been recommended for release by the Mental Health Review Tribunal, and it was decided that he should be released. He was detained further . .
CitedGuzzardi v Italy ECHR 6-Nov-1980
The applicant, a suspected Mafioso, had been detained in custody pending his trial. At the end of the maximum period of detention pending trial, he had been taken to an island where, he complained, he was unable to work, keep his family permanently . .
CitedMalone v The United Kingdom ECHR 2-Aug-1984
COURT (PLENARY) The complainant asserted that his telephone conversation had been tapped on the authority of a warrant signed by the Secretary of State, but that there was no system to supervise such warrants, and that it was not therefore in . .
CitedHuvig v France ECHR 24-Apr-1990
The court recognised the value, in the context of telephone tapping, of regulatory control, including supervision by the courts if need be, even though it was found to be lacking in this case in the absence of legislation or case law. . .
CitedBronda v Italy ECHR 9-Jun-1998
In some fields of law legal rules may not be laid down with total precision. Undue delay in child contact proceedings may have irreversible effects upon the child. . .
CitedRegina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others HL 9-Dec-2004
Extension oh Human Rights Beyond Borders
The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than . .
CitedHilda Hafsteinsdottir v Iceland ECHR 8-Jun-2004
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses partial award – Convention proceedings . .
CitedEuropean Roma Rights Centre and others v Immigration Officer at Prague Airport and Another CA 20-May-2003
A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now . .

Cited by:
CitedS and others v Secretary of State for the Home Department CA 4-Aug-2006
The asylum applicants had complained that the appellant’s discretionary leave policy for the grant of temporary admissions was unlawful. As failed asylum seekers, they had been held on temporary admission rather than being granted discretionary . .
CitedWood v Commissioner of Police for the Metropolis Admn 22-May-2008
The claimant challenged the right of police officers to take his photograph as he attended an annual general meeting of Reed Elsevier Plc. He was a campaigner against the arms trade, but had always acted lawfully. The company noted the purchase of . .
CitedCadogan and others v 26 Cadogan Square Ltd, Howard de Walden Estates Limited v Aggio and others HL 25-Jun-2008
In each case all or part of a building was let by a head-lease and then as self-contained units under sub-leases. The head lessees had served notices under the 1993 Act requiring new leases. The freeholder denied that they were qualifying tenants, . .
CitedAnimal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport HL 12-Mar-2008
The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of . .
CitedAustin and Another v Commissioner of Police of the Metropolis HL 28-Jan-2009
Movement retsriction was not Liberty Deprivation
The claimants had been present during a demonstration policed by the respondent. They appealed against dismissal of their claims for false imprisonment having been prevented from leaving Oxford Circus for over seven hours. The claimants appealed . .
CitedWood v Commissioner of Police for the Metropolis CA 21-May-2009
The appellant had been ostentatiously photographed by the police as he left a company general meeting. He was a peaceful and lawful objector to the Arms Trade. He appealed against refusal of an order for the records to be destroyed. The police had . .
At House of LordsGillan and Quinton v The United Kingdom ECHR 10-Jun-2008
The court set the questions to be answered later in response to the complaint as to the use of stop and search powers by the British police. . .
At House of LordsGillan and Quinton v The United Kingdom ECHR 12-May-2009
(Admissibility and Summary) . .
At House of LordsGillan and Quinton v The United Kingdom ECHR 12-Jan-2010
The claimants had been stopped by the police using powers in the 2000 Act. They were going to a demonstration outside an arms convention. There was no reason given for any suspicion that the searches were needed.
Held: The powers given to the . .
CitedHowarth v Commissioner of Police of The Metropolis QBD 3-Nov-2011
howarth_cmpQBD2011
The claimant sought judicial review of a decision to search him whilst travelling to a public protest in London. A previous demonstration involving this group had resulted in criminal damage, but neither the claimant nor his companions were found to . .
CitedLD and Others, Regina (on The Application of) v Secretary of State for Justice Admn 17-Jul-2014
Three claimant female prisoners asserted that strip searches conducted against them under Regulation 41 had been unlawful. The defendant admitted the unlawfulness, but the claimants now sought declarations accordingly, saying that the Guidance . .
CitedCatt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis SC 4-Mar-2015
Police Data Retention Justifiable
The appellants challenged the collection of data by the police, alleging that its retention interfered with their Article 8 rights. C complained of the retention of records of his lawful activities attending political demonstrations, and T . .
CitedT and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
CitedRoberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another SC 17-Dec-2015
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 . .
CitedGallagher for Judicial Review (NI) SC 30-Jan-2019
Disclosure of older minor offences to employers 48 . .

Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Leading Case

Updated: 02 January 2022; Ref: scu.238920

S v The United Kingdom; Marper v The United Kingdom: ECHR 4 Dec 2008

(Grand Chamber) The court commented that ‘in determining whether the personal information retained by the authorities involves any of the private-life aspects mentioned above, the court will have due regard to the specific context in which the information at issue has been recorded and retained, the nature of the records, the way in which these records are used and processed and the results that may be obtained.’
Save in exceptional circumstances, the retention by the police of DNA samples and fingerprints taken from persons who were suspected but never convicted of a criminal offence represented an interference with their article 8 rights.

Jean-Paul Costa, P
(2008) 48 EHRR 1169, 30562/04, 30566/04, 25 BHRC 557, [2008] ECHR 1581, 48 EHRR 50, [2009] Crim LR 355
Bailii
European Convention on Huma Rights 8
England and Wales
Cited by:
CitedAB v Her Majesty’s Advocate SC 5-Apr-2017
This appeal is concerned with a challenge to the legality of legislation of the Scottish Parliament which deprives a person, A, who is accused of sexual activity with an under-aged person, B, of the defence that he or she reasonably believed that B . .
CitedGallagher for Judicial Review (NI) SC 30-Jan-2019
Disclosure of older minor offences to employers 48 . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Police, Information

Updated: 02 January 2022; Ref: scu.640835

P, Regina (on The Application of) The Secretary of State for The Home Department and Another: CA 3 May 2017

Challenge to disclosure by police of spent convictions.

Sir Brian Leveson P QBD, Beatson, Thirlwall LJJ
[2017] EWCA Civ 321, [2018] 2 All ER 794, [2017] WLR(D) 710, [2018] 1 WLR 3281, [2017] 2 Cr App R 12
Bailii, WLRD
Police Act 1997, Rehabilitation of Offenders Act 1974, European Convention on Human Rights
England and Wales
Cited by:
Appeal fromGallagher for Judicial Review (NI) SC 30-Jan-2019
Disclosure of older minor offences to employers 48 . .

Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 02 January 2022; Ref: scu.582110

MM v The United Kingdom: ECHR 13 Nov 2012

ECHR The applicant complained about the retention and disclosure in the context of a criminal record check of data concerning a caution she received from the police. he applicant, who lived in Northern Ireland, was a baby’s paternal grandmother and was distressed at the prospect of the mother’s removal of him to her native Australia. In order, apparently, to induce the mother and her son to reconcile their differences, the grandmother disappeared with the baby for more than a day. She accepted a caution for the offence of child abduction on the basis that, as the Northern Ireland police assured her in accordance with what was then their practice, the caution would be deleted from her record after five years, namely in 2005. At around that time, however, the Northern Ireland police changed their practice so as to retain adult cautions on file indefinitely and, in that year, they disclosed it to a potential employer of MM, who, in consequence, did not offer her employment.Held: The Strasbourg court criticised the ‘generous approach’ of the law of the United Kingdom to the exercise of police power to retain personal data even before disclosure
The ECHR explained its conclusion that the Northern Ireland police had violated the grandmother’s rights under article 8: ‘In the present case, the court highlights the absence of a clear legislative framework for the collection and storage of data, and the lack of clarity as to the scope, extent and restrictions of the common law powers of the police to retain and disclose caution data. It further refers to the absence of any mechanism for independent review of a decision to retain or disclose data, either under common law police powers or pursuant to Part V of the 1997 Act. Finally, the Court notes the limited filtering arrangements in respect of disclosures made under the provisions of the 1997 Act: as regards mandatory disclosure under section 113A, no distinction is made on the basis of the nature of the offence, the disposal in the case, the time which has elapsed since the offence took place or the relevance of the data to the employment sought.
The cumulative effect of these shortcomings is that the court is not satisfied that there were, and are, sufficient safeguards in the system for retention and disclosure of criminal record data to ensure that data relating to the applicant’s private life have not been, and will not be, disclosed in violation of her right to respect for her private life. The retention and disclosure of the applicant’s caution data accordingly cannot be regarded as being in accordance with the law. There has therefore been a violation of article 8 of the Convention in the present case. This conclusion obviates the need for the court to determine whether the interference was ‘necessary in a democratic society’ for one of the aims enumerated therein.’

Lech Garlicki, P
24029/07 – HEJUD, [2012] ECHR 1906
Bailii
European Convention on Human Rights 8, Police Act 1997
Human Rights
Citing:
See AlsoMM v The United Kingdom ECHR 6-Oct-2010
. .

Cited by:
CitedCatt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis SC 4-Mar-2015
Police Data Retention Justifiable
The appellants challenged the collection of data by the police, alleging that its retention interfered with their Article 8 rights. C complained of the retention of records of his lawful activities attending political demonstrations, and T . .
CitedT and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
CitedBeghal v Director of Public Prosecutions SC 22-Jul-2015
Questions on Entry must be answered
B was questioned at an airport under Schedule 7 to the 2000 Act, and required to answer questions asked by appropriate officers for the purpose set out. She refused to answer and was convicted of that refusal , contrary to paragraph 18 of that . .
CitedAB v Her Majesty’s Advocate SC 5-Apr-2017
This appeal is concerned with a challenge to the legality of legislation of the Scottish Parliament which deprives a person, A, who is accused of sexual activity with an under-aged person, B, of the defence that he or she reasonably believed that B . .
CitedGallagher for Judicial Review (NI) SC 30-Jan-2019
Disclosure of older minor offences to employers 48 . .
CitedGallagher for Judicial Review (NI) SC 30-Jan-2019
Disclosure of older minor offences to employers 48 . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 02 January 2022; Ref: scu.465773

Catt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis: SC 4 Mar 2015

Police Data Retention Justifiable

The appellants challenged the collection of data by the police, alleging that its retention interfered with their Article 8 rights. C complained of the retention of records of his lawful activities attending political demonstrations, and T complained of the retention of an harassment warning issued against him. The Commissioner now appealed against a decision that it was unlawful.
Held: (Toulson L dissenting in part). The appeal succeeded. The collection and retention of the data did amount to an interference in the respondent’s Article 8.2 rights, but the actions were justified by the legitimate requirements of police intelligence-gathering in the interests of the maintenance of public order and the prevention of crime. Keeping a record of a ‘prevention of harassment’ letter could be justified by the need of the police in harassment cases to know if there had been previous allegations.
‘At common law the police have the power to obtain and store information for policing purposes, ie broadly speaking for the maintenance of public order and the prevention and detection of crime. These powers do not authorise intrusive methods of obtaining information, such as entry upon private property or acts (other than arrest under common law powers) which would constitute an assault. But they were amply sufficient to authorise the obtaining and storage of the kind of public information in question on these appeals . . The exercise of these powers is subject to an intensive regime of statutory and administrative regulation.’
. . And ‘ the rules need not be statutory, provided that they operate within a framework of law and that there are effective means of enforcing them. Their application, including the manner in which any discretion will be exercised, should be reasonably predictable, if necessary with the assistance of expert advice. But except perhaps in the simplest cases, this does not mean that the law has to codify the answers to every possible issue which may arise. It is enough that it lays down principles which are capable of being predictably applied to any situation.’

Lord Neuberger, President, Lady Hale, Deputy President, Lord Mance, Lord Sumption, Lord Toulson
[2015] 1 AC 1065, [2015] 2 WLR 664, [2015] 2 All ER 727, [2015] HRLR 4, [2015] WLR(D) 110, [2015] UKSC 9, UKSC 2013/0114
Bailii Summary, WLRD, Bailii, SC, SC Summary
European Convention on Human Rights 8, Data Protection Act 1998, Protection from Harassment Act 1997
England and Wales
Citing:
CitedX v United Kingdom ECHR 1972
The defendant had been convicted of knowingly living on the earnings of prostitution contrary to section 30(1) of the Sexual Offences Act 1956.
Held: The Commission rejected as manifestly ill-founded the applicant’s challenge to this provision . .
CitedFriedl v Austria ECHR 31-Jan-1995
The Commission distinguished between the taking and keeping of photographs without identifying the subjects, and police questioning in order to establish identity and the recording of these personal data; the former was not an interference with . .
At First InstanceCatt v The Commissioner of Police of The Metropolis Admn 30-May-2012
The claimant objected to the retention of data about him as to his attendance at assorted political protests. He had not engaged in criminality. . .
Appeal fromCatt, Regina (on The Application of) v The Association of Chief Police Officers of England, Wales and Northern Ireland and Others CA 14-Mar-2013
The appellant sought an order requiring the defendant to to remove entries against his name in police databases. He had been a frequent protester against what he saw to be unlawful activities of a defence contractor. Other members of his group had . .
CitedPretty v The United Kingdom ECHR 29-Apr-2002
Right to Life Did Not include Right to Death
The applicant was paralysed and suffered a degenerative condition. She wanted her husband to be allowed to assist her suicide by accompanying her to Switzerland. English law would not excuse such behaviour. She argued that the right to die is not . .
CitedCountryside Alliance and others, Regina (on the Application of) v Attorney General and Another HL 28-Nov-2007
The appellants said that the 2004 Act infringed their rights under articles 8 11 and 14 and Art 1 of protocol 1.
Held: Article 8 protected the right to private and family life. Its purpose was to protect individuals from unjustified intrusion . .
CitedSegerstedt-Wiberg and Others v Sweden ECHR 6-Jun-2006
The Court, having regard to the scope of the notion of ‘private life’ as interpreted in its case-law . . finds that the information about the applicants that was stored on the Secret Police register and was released to them clearly constituted data . .
CitedLeander v Sweden ECHR 26-Mar-1987
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander . .
CitedRotaru v Romania ECHR 4-May-2000
Grand Chamber – The applicant, a lawyer, complained of a violation of his right to respect for his private life on account of the use against him by the Romanian Intelligence Service of a file which contained information about his conviction for . .
CitedPG and JH v The United Kingdom ECHR 25-Sep-2001
The use of covert listening devices within a police station was an infringement of the right to privacy, since there was no system of law regulating such practices. That need not affect the right to a fair trial. The prosecution had a duty to . .
CitedCampbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
CitedMarper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .
CitedKinloch v Her Majesty’s Advocate SC 19-Dec-2012
The appellant said that the police officers had acted unlawfully when collecting the evidence used against him, in that the information used to support the request for permission to undertake clandestine surveillance had been insufficiently . .
CitedL, Regina (On the Application of) v Commissioner of Police of the Metropolis SC 29-Oct-2009
Rebalancing of Enhanced Disclosure Requirements
The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private . .
CitedGC v The Commissioner of Police of The Metropolis SC 18-May-2011
The court was asked to decide from whom DNA samples could lawfully be taken by the Police,and for how long they should be kept. The first respondent now said that a declaration of incompatibility of section 64(1A) could not be avoided.
Held: . .
CitedT and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
CitedGillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another HL 8-Mar-2006
The defendants said that the stop and search powers granted under the 2000 Act were too wide, and infringed their human rights. Each had been stopped when innocently attending demonstrations in London, and had been effectively detained for about . .
CitedChief Constable of Humberside Police and Others v The Information Commissioner and Another CA 19-Oct-2009
Complaints had been made that the police were not deleting from their criminal records very old records of minor convictions. The police appealed against a finding that they should do so under Data Protection Principles. The Police had used a policy . .
CitedBouchacourt v France ECHR 17-Dec-2009
The applicant had been sentenced to ten years’ imprisonment for rape and sexual assault on minors. His name had been placed automatically on a Register of Sexual and Violent Offenders, and had had to confirm his address every year and to give notice . .
CitedMM v The United Kingdom ECHR 13-Nov-2012
ECHR The applicant complained about the retention and disclosure in the context of a criminal record check of data concerning a caution she received from the police. he applicant, who lived in Northern Ireland, . .

Cited by:
CitedZXC v Bloomberg Lp CA 15-May-2020
Privacy Expecation during police investigations
Appeal from a judgment finding that the Defendant had breached the Claimant’s privacy rights. He made an award of damages for the infraction of those rights and granted an injunction restraining Bloomberg from publishing information which further . .
See AlsoCatt v The United Kingdom ECHR 24-Jan-2019
ECHR Judgment : Article 8 – Right to respect for private and family life : First Section . .
CitedMiller v The College of Policing CA 20-Dec-2021
Hate-Incident Guidance Inflexible and Unlawful
The central issue raised in the appeal is the lawfulness of certain parts of a document entitled the Hate Crime Operational Guidance (the Guidance). The Guidance, issued in 2014 by the College of Policing (the College), the respondent to this . .
CitedGallagher for Judicial Review (NI) SC 30-Jan-2019
Disclosure of older minor offences to employers 48 . .

Lists of cited by and citing cases may be incomplete.

Police, Information

Leading Case

Updated: 02 January 2022; Ref: scu.543801

Liberty And Others v United Kingdom: ECHR 1 Jul 2008

Liberty complained that the interception of their communications under the 1985 Act between 1990 and 1997 had infringed their article 8 rights, since the Act was insufficiently clear.
Held: The infringements were established. The mere existence of legislation which allowed communications to be monitored secretly had entailed a surveillance threat for all those to whom the legislation might be applied. There had been an interference with their rights as guaranteed by article 8. The warrants issued were in the broadest of terms, and the Home Secretary had failed to safeguard against abuse of power, and it had not set out in a form accessible to the public any indication of the procedure to be followed for examining, sharing, storing and destroying intercepted material.

L Garlicki, President and Judges Sir Nicholas Bratza, L. Mijovic, D. Thor Bjorgvinsson, J. Sikuta, P. Hirvela and M. Poalelungi
58243/00, [2008] ECHR 568, Times 11-Jul-2008, [2011] ECHR 1273
Bailii, Bailii
European Convention on Human Rights 8, Interception of Communications Act 1985
Human Rights
Cited by:
CitedMarper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .
CitedGallagher for Judicial Review (NI) SC 30-Jan-2019
Disclosure of older minor offences to employers 48 . .

Lists of cited by and citing cases may be incomplete.

Police

Updated: 02 January 2022; Ref: scu.270679

Segerstedt-Wiberg and Others v Sweden: ECHR 6 Jun 2006

The Court, having regard to the scope of the notion of ‘private life’ as interpreted in its case-law . . finds that the information about the applicants that was stored on the Secret Police register and was released to them clearly constituted data pertaining to their ‘private life’. Indeed, this embraces even those parts of the information that were public since the information had been systematically collected and stored in files held by the authorities. Accordingly, Article 8-1 of the Convention is applicable to the impugned storage of the information in question.

J-P Costa P
62332/00, [2006] ECHR 597, (2007) 44 EHRR 2
Worldlii, Bailii
European Convention on Human Rights 8-1
Human Rights
Citing:
CitedAmann v Switzerland ECHR 16-Feb-2000
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 with regard to interception of telephone call; Violation of Art. 8 with regard to creation and storing of information card; Preliminary objection . .
CitedRotaru v Romania ECHR 4-May-2000
Grand Chamber – The applicant, a lawyer, complained of a violation of his right to respect for his private life on account of the use against him by the Romanian Intelligence Service of a file which contained information about his conviction for . .

Cited by:
CitedCatt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis SC 4-Mar-2015
Police Data Retention Justifiable
The appellants challenged the collection of data by the police, alleging that its retention interfered with their Article 8 rights. C complained of the retention of records of his lawful activities attending political demonstrations, and T . .
CitedGallagher for Judicial Review (NI) SC 30-Jan-2019
Disclosure of older minor offences to employers 48 . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 02 January 2022; Ref: scu.246412

Amann v Switzerland: ECHR 16 Feb 2000

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 with regard to interception of telephone call; Violation of Art. 8 with regard to creation and storing of information card; Preliminary objection dismissed; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention procedure
‘telephone calls received on private or business premises are covered by notions of ‘private life’ within the meaning of article 8.1.’
The retention of the fruits of a tap in police files did not satisfy the legality test even on the footing that the tap itself was in accordance with law. The decision was expressed to be based on the statement of principle in Malone, and on a finding that ‘Swiss law does not indicate with sufficient clarity the scope and conditions of exercise of the authorities’ discretionary power in the area under consideration.’

27798/95, (2000) 30 EHRR 843, [2000] ECHR 88, ECHR 2000-II, [2011] ECHR 1671
Worldlii, Bailii, Bailii
European Convention on Human Rights 8.1
Human Rights
Cited by:
CitedLord Browne of Madingley v Associated Newspapers Ltd CA 3-Apr-2007
The appellant sought to restrict publication by the defendants in the Mail on Sunday of matters which he said were a breach of confidence. He had lied to a court in giving evidence, whilst at the same time being ready to trash the reputation of his . .
CitedMarper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .
CitedRegina v P and others HL 19-Dec-2000
Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an . .
CitedKinloch v Her Majesty’s Advocate SC 19-Dec-2012
The appellant said that the police officers had acted unlawfully when collecting the evidence used against him, in that the information used to support the request for permission to undertake clandestine surveillance had been insufficiently . .
CitedSegerstedt-Wiberg and Others v Sweden ECHR 6-Jun-2006
The Court, having regard to the scope of the notion of ‘private life’ as interpreted in its case-law . . finds that the information about the applicants that was stored on the Secret Police register and was released to them clearly constituted data . .
CitedBeghal v Director of Public Prosecutions SC 22-Jul-2015
Questions on Entry must be answered
B was questioned at an airport under Schedule 7 to the 2000 Act, and required to answer questions asked by appropriate officers for the purpose set out. She refused to answer and was convicted of that refusal , contrary to paragraph 18 of that . .
See AlsoAmann v Switzerland ECHR 16-Feb-2000
(Grand Chamber) Complaint as to non-disclosure of prosecution evidence.
Held: The holding and use of the information in question had not been ‘in accordance with the law’, as required by article 8(2), because of the absence from the relevant . .
CitedAB v Her Majesty’s Advocate SC 5-Apr-2017
This appeal is concerned with a challenge to the legality of legislation of the Scottish Parliament which deprives a person, A, who is accused of sexual activity with an under-aged person, B, of the defence that he or she reasonably believed that B . .
CitedGallagher for Judicial Review (NI) SC 30-Jan-2019
Disclosure of older minor offences to employers 48 . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 02 January 2022; Ref: scu.165822

Malone v The United Kingdom: ECHR 2 Aug 1984

COURT (PLENARY) The complainant asserted that his telephone conversation had been tapped on the authority of a warrant signed by the Secretary of State, but that there was no system to supervise such warrants, and that it was not therefore in ‘accordance with law’. The taps were based on a non-binding and unpublished directive from the Home Secretary to the Director-General of the Security Service. The directive did not have the force of the law, nor did its contents constitute legally enforceable rules governing the operation of the Security Service.
Held: The interception pursuant to such a warrant was an ‘interference by a public authority’ with the right to a private life. English law did not meet the requirement that any interference must be ‘in accordance with the law’. The law must indicate the scope of any such discretion conferred on the competent authorities and the manner of its exercise with sufficient clarity, having regard to the legitimate aim of the measure in question, to give the individual adequate protection against arbitrary interference. English law does not indicate with reasonable clarity the scope and manner of exercise of the relevant discretion conferred on the public authorities. To that extent, the minimum degree of legal protection to which citizens are entitled under the rule of law in a democratic society is lacking. ‘The Court would reiterate its opinion that the phrase ‘in accordance with the law’ does not merely refer back to domestic law but also relates to the quality of the law, requiring it to be compatible with the rule of law. . .’

Mr G Wiarda, President,
8691/79, (1984) 7 EHRR 14, [1984] ECHR 10, [1985] ECHR 5
Worldlii, Bailii
European Convention on Human Rights 8.1
Human Rights
Citing:
Appeal fromMalone v Commissioner of the Police for the Metropolis (No 2) ChD 28-Feb-1979
The court considered the lawfulness of telephone tapping. The issue arose following a trial in which the prosecution had admitted the interception of the plaintiff’s telephone conversations under a warrant issued by the Secretary of State. The . .

Cited by:
CitedW, Regina v (Attorney General’s reference no 5 of 2002) CACD 12-Jun-2003
Three serving police officers provided confidential information to a known criminal. The Chief Constable authorised interception of telephones at a police station, a private network. The court accepted that section 17 prevented the defence asserting . .
CitedHewitt and Harman v United Kingdom ECHR 1991
(Commission) When asking whether an action about which complaint is made is ‘according to law’, it is the quality of the law that matters rather than the form it takes which matters. As to the case of Malone, it ‘elucidated the concept of . .
CitedRegina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz HL 13-Oct-2005
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act.
Held: The House . .
CitedGillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another HL 8-Mar-2006
The defendants said that the stop and search powers granted under the 2000 Act were too wide, and infringed their human rights. Each had been stopped when innocently attending demonstrations in London, and had been effectively detained for about . .
CitedMarper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .
CitedMcE, Re; McE v Prison Service of Northern Ireland and Another HL 11-Mar-2009
Complaint was made that the prisoner’s privileged conversations with his solicitors had been intercepted by the police.
Held: The Act made explicit provisions allowing such interception and set out the appropriate safeguards. The interceptions . .
See AlsoMalone v The United Kingdom ECHR 26-Apr-1985
Hudoc Judgment (Just satisfaction) Struck out of the list (friendly settlement) . .
CitedEsbester v United Kingdom ECHR 2-Apr-1993
(Commission) The claimant had been refused employment within the Central Office of Information. He had been accepted subject to clearance, but that failed. He objected that he had been given no opportunity to object to the material oin which his . .
CitedHome Office v Tariq SC 13-Jul-2011
(JUSTICE intervening) The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided . .
CitedKinloch v Her Majesty’s Advocate SC 19-Dec-2012
The appellant said that the police officers had acted unlawfully when collecting the evidence used against him, in that the information used to support the request for permission to undertake clandestine surveillance had been insufficiently . .
CitedRegina v Khan (Sultan) HL 2-Jul-1996
The police had obtained the evidence against the defendant by fixing a covert listening device at an apartment visited by the defendant, and by recording his conversations there. The defendant appealed, saying that the court should have regard to . .
CitedThe Public Law Project, Regina (on The Application of) v Lord Chancellor SC 13-Jul-2016
Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the . .
CitedPrivacy International, Regina (on The Application of) v Investigatory Powers Tribunal and Others SC 15-May-2019
The Court was asked whether the actions of the Investigatory Powers Tribunal were amenable to judicial review: ‘what if any material difference to the court’s approach is made by any differences in context or wording, and more particularly the . .
CitedGallagher for Judicial Review (NI) SC 30-Jan-2019
Disclosure of older minor offences to employers 48 . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Leading Case

Updated: 02 January 2022; Ref: scu.164936

Gillan and Quinton v The United Kingdom: ECHR 12 Jan 2010

The claimants had been stopped by the police using powers in the 2000 Act. They were going to a demonstration outside an arms convention. There was no reason given for any suspicion that the searches were needed.
Held: The powers given to the police were too wide, provided inadequate protection against abuse, and violated the claimants’ article 8 rights: ‘the concept of ‘private life’ is a broad term not susceptible to exhaustive definition. It covers the physical and psychological integrity of a person. The notion of personal autonomy is an important principle underlying the interpretation of its guarantees’
The legislation envisaged authorisations for periods of 28 days over limited areas. Instead they had been renewed without interruption for the whole area, and the number of searches had risen to 117,000 a year, and ‘the possibility of bringing proceedings in the County Court to determine whether the power had been properly and lawfully used was a wholly inadequate safeguard against misuse and arbitrariness. The ex post facto review of the exercise of the power by the County Court in any individual’s case did not rectify the lack of legal certainty associated with the power.’
The powers to stop and search a person and his belongings were coercive. This was a public action and liable to cause humiliation.
There was no need for anyone to consider the search necessary, but only that it was expedient. There was a clear risk of the searches being arbitrary, and black and asian persons were subjected to these searches disproportionately, and of the power being used to interfere with the exercise of article 10 rights:’while arrests for other crimes had followed searches under section 44, none of the many thousands of searches had ever related to a terrorism offence; . . examples of poor and unnecessary use of section 44 abounded, there being evidence of cases where the person stopped was so obviously far from any known terrorism profile that, realistically, there was not the slightest possibility of him/her being a terrorist, and no other feature to justify the stop.’
The government argues that in certain circumstances a particularly intrusive search may amount to an interference with an individual’s art. 8 rights, as may a search which involves perusing an address book or diary or correspondence, but that a superficial search which does not involve the discovery of such items does not do so. The Court is unable to accept this view. Irrespective of whether in any particular case correspondence or diaries or other private documents are discovered and read or other intimate items are revealed in the search, the Court considers that the use of coercive powers conferred by the legislation to require an individual to submit to a detailed search of his person, his clothing and his personal belongings amounts to a clear interference with the right to respect for private life. Although the search is undertaken in public place, this does not mean that art. 8 is inapplicable. Indeed, in the Courts view, the public nature of the search may, in certain cases compound the seriousness of the interference because of an element of humiliation and embarrassment. Items such as bags, wallets, notebooks and diaries may, moreover, contain personal information which the owner may feel uncomfortable about having exposed to the view of his wider companions or the wider public.
The Court is also unpersuaded by the analogy drawn with the search of to which passengers uncomplainingly submit at airports or at the entrance of a public building. It does not need to decide whether the search of the person and of his bags in such circumstances amounts to an interference with an individual art.8 rights, albeit one which is clearly justified on security grounds, since for the reasons given by the applicants the situations cannot be compared. An air traveller may be seen as consenting to such a search by choosing to travel. He knows that he and his bags are liable to be searched before boarding the aeroplane and has a freedom of choice, since he can leave personal items behind and walk away without being subjected to a search. The search powers under s.44 are qualitatively different. The individual can be stopped anywhere and at any time, without notice and without any choice as to whether or not to submit to a search.’

Lech Garlicki, P, Nicolas Bratza, Giovanni Bonello, Ljiljana Mijovic, Paivi Hirvela, Ledi Bianku, Nebojsa Vucinic
[2010] ECHR 28, 4158/05, Times 15-Jan-2010, [2010] Crim LR 415, 28 BHRC 420, (2010) 50 EHRR 45
Bailii
Terrorism Act 2000 44, European Convention on Human Rights 5 8 10
Human Rights
Citing:
At First InstanceGillan and Another, Regina (on the Application of) v Commissioner of the Police for the Metropolis and Another Admn 31-Oct-2003
The applicants challenged by way of judicial review the way they had been stopped and searched under the Act. They attended a demonstration. The search revealed nothing suspicious. General authorisations for such searches had been issued under the . .
At Court of AppealGillan 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 . .
At House of LordsGillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another HL 8-Mar-2006
The defendants said that the stop and search powers granted under the 2000 Act were too wide, and infringed their human rights. Each had been stopped when innocently attending demonstrations in London, and had been effectively detained for about . .
Question SetGillan and Quinton v The United Kingdom ECHR 10-Jun-2008
The court set the questions to be answered later in response to the complaint as to the use of stop and search powers by the British police. . .

Cited by:
CitedLumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
CitedHowarth v Commissioner of Police of The Metropolis QBD 3-Nov-2011
howarth_cmpQBD2011
The claimant sought judicial review of a decision to search him whilst travelling to a public protest in London. A previous demonstration involving this group had resulted in criminal damage, but neither the claimant nor his companions were found to . .
CitedNicklinson and Another, Regina (on The Application of) SC 25-Jun-2014
Criminality of Assisting Suicide not Infringing
The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to . .
CitedT and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
CitedBeghal v Director of Public Prosecutions SC 22-Jul-2015
Questions on Entry must be answered
B was questioned at an airport under Schedule 7 to the 2000 Act, and required to answer questions asked by appropriate officers for the purpose set out. She refused to answer and was convicted of that refusal , contrary to paragraph 18 of that . .
CitedBeghal v Director of Public Prosecutions SC 22-Jul-2015
Questions on Entry must be answered
B was questioned at an airport under Schedule 7 to the 2000 Act, and required to answer questions asked by appropriate officers for the purpose set out. She refused to answer and was convicted of that refusal , contrary to paragraph 18 of that . .
CitedThe Christian Institute and Others v The Lord Advocate SC 28-Jul-2016
(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to . .
CitedGallagher for Judicial Review (NI) SC 30-Jan-2019
Disclosure of older minor offences to employers 48 . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Police, Torts – Other

Leading Case

Updated: 02 January 2022; Ref: scu.392847

South Wales Police v Daniels and Others: CA 7 Jul 2015

The three respondents and others brought claims against the Chief Constable inter alia for malicious prosecution, unlawful detention, and misfeasance in public office. There had been a series of proceedings arising from the murder of Ms Lynette White in Cardiff in 1988. The respondents are former police officers who were among those officers who investigated that murder. Three men (who later became known as ‘the Cardiff Three’) (three of the five ‘original defendants’) were arrested and, in November 1990, convicted of the murder. In December 1992, however, their convictions were quashed on appeal by the Court of Appeal in a judgment which severely criticised the police investigation.

McFarlane, David, Lloyd-Jones LJJ
[2015] EWCA Civ 680
Bailii
England and Wales

Police, Torts – Other

Updated: 01 January 2022; Ref: scu.549780

The Commissioner of Police of The Metropolis v DSD and NBV and Others: CA 30 Jun 2015

The claimants alleged that they had been victims of rapes after the defendant police force had negligently failed to properly investigate a series of similar crimes. They said that the failures had infringed their article 3 rights. The Commissioner now appealed against a finding that the failures amounted to
Held: The appeal failed. HRA imposes only a general duty to investigate ill-treatment amounting to a violation of article 3 of ECHR. The judge’s overall treatment of the case was in line with the scope and nature of the Article 3 duty.
Laws LJ said that the inquiry into compliance with the article 3 duty is ‘first and foremost concerned, not with the effect on the claimant, but with the overall nature of the investigative steps to be taken by the State’.
He pointed out that the essence of the argument on behalf of the appellants was that the common law rule (that police owe ‘no general duty of care. . . to identify or apprehend an unknown criminal, nor. . . a duty of care to individual members of the public who might suffer injury through the criminal’s activities . . ‘ – Hill v Chief Constable of West Yorkshire Police [1989] AC 53) should be moderated so as to accommodate the ECHR.

Lord Dyson MR, Laws, Kitchin LJJ
[2015] EWCA Civ 646, [2015] WLR(D) 282, [2015] 3 WLR 966, [2016] 1 Cr App R 2, [2016] QB 161
Bailii, WLRD
European Convention on Human Rights 3
England and Wales
Citing:
Appeal fromDSD and Another v The Commissioner of Police for The Metropolis QBD 23-Jul-2014
The court had found the defendant liable for a breach of the claimants’ human rights in that its negligent investigations had led to further rapes and sexual assaults by an offender. The court now considered what damages might be payable. . .
See AlsoDSD and Another v The Commissioner of Police for The Metropolis QBD 28-Feb-2014
The claimants sought damages alleging negligent failure by the police to investigate and find a serial rapist.
Held: The claim succeeded. The claimants were entitled to damages from the defendant, the Commissioner of the Police of the . .

Cited by:
Appeal fromCommissioner of Police of The Metropolis v DSD and Another SC 21-Feb-2018
Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints.
Held: The . .

Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 01 January 2022; Ref: scu.549747

Liberty (The National Council of Civil Liberties) and Others v The Government Communications Headquarters and Others: IPT 22 Jun 2015

Burton P J, Robert Seabrook QC, Carr J, Christopher Gardner QC, Geoffrey Rivlin QC HHJ
[2015] UKIPTrib 13 – 77-H – 2
Bailii
Regulation of Investigatory Powers Act 2000 68(4)
England and Wales
Citing:
CitedBelhadj and Others v The Security Service, SIS, GCHQ, Home Office and FCO IPT 7-Feb-2014
The Tribunal considered the Complainants’ application for interim relief in their case before it in the light of undertakings given by the Respondents. It also gave preliminary consideration to appropriate practice to be followed in the event a . .
CitedBelhadj and Others v Security Service and Others (Including Determination) IPT 29-Apr-2015
The court considered the methods used for collection of information by the security services, and gave the following guidance: ‘(i) Whether in fact there has been, prior to 18 November 2014, soliciting, receiving, storing and transmitting by UK . .

Lists of cited by and citing cases may be incomplete.

Police, Human Rights, Information

Updated: 01 January 2022; Ref: scu.549266

Austin and Others v The United Kingdom: ECHR 15 Mar 2012

Grand Chamber – The applicants complained that their restriction within a police cordon (a measure known as ‘kettling’) for up to seven hours during the course of a demonstration in central London amounted to a deprivation of their liberty in breach of Article 5-1 of the Convention.
Held: Public order containment for several hours did not to infringe article 5. In reaching its conclusions it could take into account the type and manner of implementation of the measure in question and the fact that the implementation of restrictions on freedom of movement or liberty were in the interests of the common good. It noted that it did not consider that: ‘Commonly occurring restrictions on movement, so long as they are rendered unavoidable as a result of circumstances beyond the control of the authorities and are necessary to avert a real risk of serious injury or damage, and are kept to a minimum required for that purpose can properly be described as ‘deprivations of liberty’.’
‘ . . article 5(1) is not concerned with mere restrictions on liberty of movement, which are governed by article 2 of Protocol No 4. In order to determine whether someone has been ‘deprived of his liberty’ within the meaning of article 5(1), the starting point must be his concrete situation and account must be taken of a whole range of criteria such as the type, duration, effects and manner of implementation of the measure in question. The difference between deprivation of and restriction upon liberty is one of degree or intensity, and not of nature or substance.’

Francoise Tulkens, P
(2012) 55 EHRR 14, [2012] Crim LR 544, 32 BHRC 618, 39692/09, [2012] ECHR 459
Bailii
European Convention on Human Rights 5-1
Human Rights
Cited by:
CitedWright v Commissioner of Police for The Metropolis QBD 11-Sep-2013
The claimant sought damages for false imprisonment and infringement of his human rights in the manner of the defendant’s management of a demonstration in which he was involved. The issue was whether ilce action was justified on the basis that the . .
CitedWright v Commissioner of Police for The Metropolis QBD 11-Sep-2013
The claimant sought damages for false imprisonment and infringement of his human rights in the manner of the defendant’s management of a demonstration in which he was involved. The issue was whether ilce action was justified on the basis that the . .
CitedBeghal v Director of Public Prosecutions SC 22-Jul-2015
Questions on Entry must be answered
B was questioned at an airport under Schedule 7 to the 2000 Act, and required to answer questions asked by appropriate officers for the purpose set out. She refused to answer and was convicted of that refusal , contrary to paragraph 18 of that . .
CitedWelsh Ministers v PJ SC 17-Dec-2018
A patient detained under the Mental Health Act 1983 (MHA) may be released from compulsory detention in hospital subject to a community treatment order. The question arising on this appeal is whether a patient’s responsible clinician (may impose . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 31 December 2021; Ref: scu.452268

Regina (X) v Chief Constable of West Midlands Police: QBD 23 Jan 2004

The claimant, a social worker, had been accused of two offences of indecency with children, but the complainants had failed to identify him. The respondent later disclosed those allegations when called upon to provide an enhanced criminal record certificate. The claimant made complaint.
Held: The Act gave the respondent a discretion, but did nothing to disapply any common law duty of fairness. A disclosure would be an interference with the claimant’s right to respect for his private life, and must therefore be necessary and proportionate. No opportunity had been given for him to make representations, and in this case it had not been procedurally fair.
Wall J said: ‘In my view, the guiding principles for the exercise of the power to disclose in the present case are those enunciated in R v Chief Constable of the North Wales Police, Ex p AB. Each of the respondent authorities had to consider the case on its own facts. A blanket approach was impermissible. Having regard to the sensitivity of the issues raised by the allegations of sexual impropriety made against LM, disclosure should only be made if there is a ‘pressing need’. Disclosure should be the exception, and not the rule.

Wall J
Times 02-Feb-2004, [2004] 1 WLR 1518, [2004] EWHC 61 (Admin), [2004] 2 All ER 1
Bailii
Police Act 1997 115(7)
Citing:
CitedRegina v Secretary of State for the Home Department ex parte Doody and Others HL 25-Jun-1993
A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, . .
CitedRegina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB CA 18-Mar-1998
Public Identification of Pedophiles by Police
AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought . .
CitedRegina v Secretary of State for the Home Department, Ex Parte Pierson HL 24-Jul-1997
The Home Secretary may not later extend the tariff for a lifer, after it had been set by an earlier Home Secretary, merely to satisfy needs of retribution and deterrence: ‘A power conferred by Parliament in general terms is not to be taken to . .
CitedRegina v Local Authority and Police Authority in the Midlands, ex parte LM 2000
The court considered the retention of information about an unsubstantiated child sexual abuse allegation. . .

Cited by:
Appeal fromRegina (X) v Chief Constable of West Midlands Police CA 30-Jul-2004
The claimant had been accused of offences, but the prosecution had been discontinued when the child victims had failed to identify him. The police had nevertheless notified potential employers and he had been unable to obtain work as a social . .
CitedL, Regina (On the Application of) v Commissioner of Police of the Metropolis SC 29-Oct-2009
Rebalancing of Enhanced Disclosure Requirements
The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private . .

Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 31 December 2021; Ref: scu.193593

Austin and Another v Commissioner of Police of the Metropolis: HL 28 Jan 2009

Movement retsriction was not Liberty Deprivation

The claimants had been present during a demonstration policed by the respondent. They appealed against dismissal of their claims for false imprisonment having been prevented from leaving Oxford Circus for over seven hours. The claimants appealed against rejection of their claims on human rights law.
Held: The appeal failed. Whether there is a deprivation of liberty, as opposed to a restriction of movement, is a matter of degree and intensity. Account must be taken of a whole range of factors, including the specific situation of the individual and the context in which the restriction of liberty occurs. the court should adopt a pragmatic approach taking account of all the circumstances. Crowd control measures resorted to for public order and public safety reasons had to take account of the rights of the individuals and the interests of the community. Such measures fell outside the ambit of Article 5 provided that they were not arbitrary in that they were resorted to in good faith, were proportionate and enforced for no longer than was reasonably necessary. They constituted a restriction of liberty, not a deprivation of it. The police had been engaged in an unusually difficult exercise of crowd control which had as its aim the avoidance of personal injuries and damage to property and the dispersal as quickly as possible of a crowd bent on violence and impeding the police. The police had acted reasonably and properly to prevent serious disorder and violence. The restriction of the claimants’ liberty had not been an arbitrary deprivation of liberty and Article 5 was not applicable.
Lord Neuberger said:
‘The police are under a duty to keep the peace when a riot is threatened, and to take reasonable steps to prevent serious public disorder, especially if it involves violence to individuals and property. Any sensible person living in a modern democracy would reasonably expect to be confined, or at least accept that it was proper that she could be confined, within a limited space by the police, in some circumstances. Thus, if a deranged or drunk person was on the loose with a gun in a building, the police would be entitled, indeed expected, to ensure that, possibly for many hours, members of the public were confined to where they were, even if it was in a pretty small room with a number of other people. Equally, where there are groups of supporters of opposing teams at a football match, the police routinely, and obviously properly, ensure that, in order to avoid violence and mayhem, the two groups are kept apart; this often involves confining one or both of the groups within a relatively small space for a not insignificant period. Or if there is an accident on a motorway, it is common, and again proper, for the police to require drivers and passengers to remain in their stationary motor vehicles, often for more than an hour or two. In all such cases, the police would be confining individuals for their own protection and to prevent violence to people or property.
So, too, as I see it, where there is a demonstration, particularly one attended by a justified expectation of substantial disorder and violence, the police must be expected, indeed sometimes required, to take steps to ensure that such disorder and violence do not occur, or, at least, are confined to a minimum. Such steps must often involve restraining the movement of the demonstrators, and sometimes of those members of the public unintentionally caught up in the demonstration. In some instances, that must involve people being confined to a relatively small space for some time.
In such cases, it seems to me unrealistic to contend that article 5 can come into play at all, provided, and it is a very important proviso, that the actions of the police are proportionate and reasonable, and any confinement is restricted to a reasonable minimum, as to discomfort and as to time, as is necessary for the relevant purpose, namely the prevention of serious public disorder and violence.’
Lord Hope said: ‘I would hold . . that there is room, even in the case of fundamental rights as to whose application no restriction or limitation is permitted by the Convention, for a pragmatic approach to be taken which takes full account of all the circumstances. No reference is made in article 5 to the interests of public safety or the protection of public order as one of the cases in which a person may be deprived of his liberty . . But the importance that must be attached in the context of article 5 to measures taken in the interests of public safety is indicated by article 2 of the Convention, as the lives of persons affected by mob violence may be at risk if measures of crowd control cannot be adopted by the police. This is a situation where a search for a fair balance is necessary if these competing fundamental rights are to be reconciled with each other. The ambit that is given to article 5 as to measures of crowd control must, of course, take account of the rights of the individual as well as the interests of the community. So any steps that are taken must be resorted to in good faith and must be proportionate to the situation which has made the measures necessary.’

Lord Hope of Craighead, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Lord Carswell, Lord Neuberger of Abbotsbury
[2009] UKHL 5, [2009] 1 AC 564, [2009] 2 WLR 372, [2009] UKHRR 581, [2009] HRLR 16, [2009] 3 All ER 455
Bailii, HL, Times
European Convention on Human Rights 5(1)
England and Wales
Citing:
At First InstanceAustin and Another v The Commissioner of Police of the Metropolis QBD 23-Mar-2005
The claimants had variously been attending a demonstration in London, or passing through. The police detained them in a cordon for several hours. They sought damages. No unlawful acts were alleged against them.
Held: There was no deprivation . .
Appeal fromAustin and Another v Commissioner of Police of the Metropolis CA 15-Oct-2007
The claimants appealed dismissal of their claims for false imprisonment and unlawful detention by the respondent in his policing of a demonstration. They had been held within a police cordon in the streets for several hours to prevent the spread of . .
CitedEngel And Others v The Netherlands (1) ECHR 8-Jun-1976
The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining . .
CitedSecretary of State for the Home Department v JJ and others HL 31-Oct-2007
The Home Secretary appealed against a finding that a non-derogating control order was unlawful in that, in restricting the subject to an 18 hour curfew and otherwise severely limiting his social contacts, the order amounted to such a deprivation of . .
CitedGuzzardi v Italy ECHR 6-Nov-1980
The applicant, a suspected Mafioso, had been detained in custody pending his trial. At the end of the maximum period of detention pending trial, he had been taken to an island where, he complained, he was unable to work, keep his family permanently . .
CitedMcKay v The United Kingdom ECHR 3-Oct-2006
The applicant said that his human rights had been infringed under laws which required him to apply to the high court for bail rather than to a magistrate, necessitating a further four day wait before his application for bail was considered. He had . .
CitedGillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another HL 8-Mar-2006
The defendants said that the stop and search powers granted under the 2000 Act were too wide, and infringed their human rights. Each had been stopped when innocently attending demonstrations in London, and had been effectively detained for about . .
CitedKurt v Turkey ECHR 25-May-1998
The court referred to ‘the fundamental importance of the guarantees contained in Article 5 for securing the right of individuals in a democracy to be free from arbitrary detention at the hands of the authorities’ and to the need to interpret . .
CitedFoka v Turkey ECHR 24-Jun-2008
. .
CitedStefanov v Bulgaria ECHR 22-May-2008
Article 5(1) may apply to deprivations of liberty of even a very short duration. . .
CitedHM v Switzerland ECHR 26-Feb-2002
. .
CitedX v Germany ECHR 19-Mar-1981
The Commission had regard to the fact that the purpose for which the children were taken to the police headquarters and kept there for about two hours was to question them, not to arrest or detain them. This led to the conclusion that the action in . .
CitedN v The United Kingdom ECHR 27-May-2008
(Grand Chamber) The appellant was found after her arrival in this country from Uganda to have an AIDS-defining illness for which she was still receiving treatment. She claimed that the treatment would not be available in Uganda and she would die . .
CitedSaadi v United Kingdom ECHR 29-Jan-2008
(Grand Chamber) The applicant sought judicial review of the decision to detain him for a short period while his asylum claim was being subject to fast-track processing. The decision was made pursuant to a policy under which all asylum claimants . .
CitedNielsen v Denmark ECHR 28-Nov-1988
The applicant, a minor, complained about his committal to a child psychiatric ward of a state hospital at his mother’s request. The question was whether this was a deprivation of his liberty in violation of article 5. The applicant said that it was, . .
CitedSoering v The United Kingdom ECHR 7-Jul-1989
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be . .
CitedN v United Kingdom – Press Release ECHR 26-Sep-2007
(Grand Chamber Hearing) . .
CitedO’Halloran and Francis v United Kingdom ECHR 29-Jun-2007
(Grand Chamber) Each defendant claimed that the obligation imposed on them to name the driver of a motor vehicle caught by a traffic camera prejudiced his right to a fair trial.
Held: The application failed. The nature of the obligation did . .
CitedStott (Procurator Fiscal, Dunfermline) and Another v Brown PC 5-Dec-2000
The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right . .
CitedGuenat v Switzerland ECHR 10-Apr-1995
Article 5 did not apply to a claim of false imprisonment by the police where they had acted through necessity. . .
CitedLawless v Ireland (No 3) ECHR 1-Jul-1961
The Irish Government derogated from article 5 in July 1957 in order to permit detention without charge or trial, and the applicant was detained between July and December 1957. He could have obtained his release by undertaking to observe the law and . .

Cited by:
CitedMoos and Another, Regina (on The Application of) v Commissioner of the Police of The Metropolis Admn 14-Apr-2011
The claimants, demonstrators at the G20 summit, complained of the police policy of kettling, the containment of a crowd over a period of time, not because they were expected to to behave unlawfully, but to ensure a separation from those who were. . .
CitedCastle and Others v Commissioner of Police for The Metropolis Admn 8-Sep-2011
The claimants, all under 17 years old, took a peaceful part in a substantial but disorderly demonstration in London. The police decided to contain the section of crowd which included the claimants. The claimants said that the containment of children . .
CitedCastle and Others v Commissioner of Police for The Metropolis Admn 8-Sep-2011
The claimants, all under 17 years old, took a peaceful part in a substantial but disorderly demonstration in London. The police decided to contain the section of crowd which included the claimants. The claimants said that the containment of children . .
CitedMcClure and Another, Regina (on The Application of) v The Commissioner of Police of The Metropolis CA 19-Jan-2012
The Commissioner appealed against a decision that certain aspects of its crowd control procedures exercised during a public protest were unlawful.
Held: The appeal succeeded. The issue came down to whether the commanding officer genuinely held . .
CitedWelsh Ministers v PJ SC 17-Dec-2018
A patient detained under the Mental Health Act 1983 (MHA) may be released from compulsory detention in hospital subject to a community treatment order. The question arising on this appeal is whether a patient’s responsible clinician (may impose . .

Lists of cited by and citing cases may be incomplete.

Police, Torts – Other, Human Rights

Updated: 31 December 2021; Ref: scu.280435

NTC and Others v The Commissioner of Police for The Metropolis: QBD 22 May 2015

The claimants had alleged assault by police officers when the officers, searching for an armed suspect, had pointed guns at them, and detained them. The officers had however entered the wrong flat. The jury returned verdicts saying that the officers had acted reasonably if mistakenly. The claimants now said that the senior officers remained responsible for the mistakes of their juniors.

Curran QC HHJ
[2015] EWHC 1432 (QB)
Bailii
England and Wales

Police, Torts – Other

Updated: 30 December 2021; Ref: scu.547123

AB, Regina (on The Application of) v The Chief Constable of Hampshire Constabulary: Admn 20 May 2015

The court considered the lawfulness of the disclosure, by the police to a Local Authority Designated Officer, of non-conviction material relating to alleged sexual misconduct by a teacher, and the subsequent dismissal of a complaint concerning the disclosure under the Police Reform Act 2002.

Jeremy Barker J
[2015] EWHC 1238 (Admin), [2015] 1 WLR 5250, [2015] WLR(D) 225
Bailii, WLRD
England and Wales

Police, Information

Updated: 30 December 2021; Ref: scu.546992

Gaughran v Chief Constable of The Police Service of Northern Ireland (Northern Ireland): SC 13 May 2015

The court was asked as to to the right of the Police Service of Northern Ireland to retain personal information and data lawfully obtained from the appellant following his arrest for the offence of driving with excess alcohol.
Held: The appeal failed. The reference to Marper at ECHR was of limited value, since the consideration was clearly only of the position of an unconvicted person. It had however recognised that the interference was at a low level.
The level of offence was a relevant consideration, and the choice had been made to set this at the level of a recordable offence.

Lord Neuberger, President, Lady Hale, Deputy President, Lord Kerr, Lord Clarke, Lord Sumption
[2015] UKSC 29, [2015] WLR(D) 214, [2015] 2 WLR 1303, [2016] AC 345, [2015] 2 WLR 1303, [2015] WLR(D) 214, [2015] Crim LR 809, [2015] 3 All ER 655, [2015] NI 55, UKSC 2013/0090
Bailii, Bailii Summary, WLRD, SC, SC Summary
European Convention on Human Rights 8
Northern Ireland
Citing:
CitedS, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper HL 22-Jul-2004
Police Retention of Suspects DNA and Fingerprints
The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life.
Held: The parts of DNA used for testing . .
CitedBank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .
CitedMarper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .
Appeal fromGaughran, Re Judicial Review QBNI 13-Nov-2012
The claimant sought judicial review of the refusal by the Police Service of Northern Ireland to remove records of his fingerprint, a photograph and DNA sample and profiles which had been collected when he was stopped on suspicion of driving wih . .
CitedFrette v France ECHR 26-Feb-2002
A single homosexual man complained that the respondent state had made it impossible for him to adopt a child.
Held: The claim was within the ambit of article 8 as regards respect for family life, but the court dismissed the claim under article . .
CitedGoodwin v The United Kingdom ECHR 11-Jul-2002
The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at . .
CitedHirst v United Kingdom (2) ECHR 6-Oct-2005
(Grand Chamber) The applicant said that whilst a prisoner he had been banned from voting. The UK operated with minimal exceptions, a blanket ban on prisoners voting.
Held: Voting is a right not a privilege. It was a right central in a . .
CitedGC v The Commissioner of Police of The Metropolis SC 18-May-2011
The court was asked to decide from whom DNA samples could lawfully be taken by the Police,and for how long they should be kept. The first respondent now said that a declaration of incompatibility of section 64(1A) could not be avoided.
Held: . .
CitedAnimal Defenders International v The United Kingdom ECHR 22-Apr-2013
ECHR (Grand Chamber) Article 10-1
Freedom of expression
Refusal of permission for non-governmental organisation to place television advert owing to statutory prohibition of political advertising: no . .
CitedIn re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G HL 18-Jun-2008
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters.
Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater . .
CitedNicklinson and Another, Regina (on The Application of) SC 25-Jun-2014
Criminality of Assisting Suicide not Infringing
The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to . .

Cited by:
CitedNT 1 and NT 2 v Google Llc QBD 13-Apr-2018
Right to be Forgotten is not absolute
The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims . .

Lists of cited by and citing cases may be incomplete.

Police, Information, Human Rights

Updated: 30 December 2021; Ref: scu.546543

Crosby, Regina (On the Application of) v Independent Police Complaints Commission: Admn 1 Jul 2009

Request for review of rejection of complaint against several police officers – failure to get medical help whilst held in police custody

[2009] EWHC 2515 (Admin)
Bailii
Independent Police Complaints Commission, Code of Practice for the Detention Treatment and Questioning of Persons by Police Officers, Police Reform Act 2002
England and Wales

Police

Updated: 30 December 2021; Ref: scu.376212

Wood v Commissioner of Police for the Metropolis: CA 21 May 2009

The appellant had been ostentatiously photographed by the police as he left a company general meeting. He was a peaceful and lawful objector to the Arms Trade. He appealed against refusal of an order for the records to be destroyed. The police had refused to disclose elements of their policies for overt photography.
Held: The appeal succeeded. The interference with the subject’s human rights was not proportionate (Laws LJ dissenting). Not only must the impugned act have some basis in domestic law, but also that it should be compatible with the rule of law and be accessible to the person concerned who must be able to foresee its consequences for him. Ordinarily the taking of photographs in a public street involves no element of interference with anyone’s private life and therefore will not engage Article 8(1), although the later publication of such photographs may be a different matter. However: ‘On the particular facts the police action, unexplained at the time it happened and carrying as it did the implication that the images would be kept and used, is a sufficient intrusion by the State into the individual’s own space, his integrity, as to amount to a prima facie violation of Article 8(1). It attains a sufficient level of seriousness and in the circumstances the appellant enjoyed a reasonable expectation that his privacy would not be thus invaded. ‘
The content of the phrase ‘private and family life’ is very broad indeed, and ‘The notion of the personal autonomy of every individual marches with the presumption of liberty enjoyed in a free polity: a presumption which consists in the principle that every interference with the freedom of the individual stands in need of objective justification. Applied to the myriad instances recognised in the Article 8 jurisprudence, this presumption means that, subject to the qualifications I shall shortly describe, an individual’s personal autonomy makes him – should make him – master of all those facts about his own identity, such as his name, health, sexuality, ethnicity, his own image, of which the cases speak; and also of the ‘zone of interaction’ . . between himself and others. He is the presumed owner of these aspects of his own self; his control of them can only be loosened, abrogated, if the State shows an objective justification for doing so.’
Laws LJ said: ‘ the content of the phrase ‘private and family life’ is very broad indeed. Looking only at the words of the Article, one might have supposed that the essence of the right was the protection of close personal relationships. While that remains a core instance, and perhaps the paradigm case of the right, the jurisprudence has accepted many other facets; so many that any attempt to encapsulate the right’s scope in a single idea can only be undertaken at a level of considerable abstraction. But it is an endeavour worth pursuing, since we need if possible to be armed at least with a sense of direction when it comes to disputed cases at the margin.’

Dyson LJ, Lord Collins, Laws LJ
[2009] EWCA Civ 414, Times 01-Jun-2009, [2010] 1 WLR 123, [2010] EMLR 1, [2009] UKHRR 1254, [2009] 4 All ER 951, [2009] HRLR 25, [2009] ACD 75
Bailii
European Convention on Human Rights 8 810
England and Wales
Citing:
CitedVon Hannover v Germany ECHR 24-Jun-2004
Princess Caroline of Monaco who had, at some time, received considerable attention in the media throughout Europe, complained at the publication of photographs taken of her withour her permission.
Held: There was no doubt that the publication . .
CitedMarper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .
CitedRice v Connolly 1966
No Legal Duty to Assist a Constable
At common law there is no legal duty to provide the police with information or otherwise to assist them with their inquiries. Lord Parker set out three questions to be answered when asking whether there had been an obstruction of an officer in the . .
CitedIordachi And Others v Moldova ECHR 10-Feb-2009
. .
CitedMurray v Big Pictures (UK) Ltd; Murray v Express Newspapers CA 7-May-2008
The claimant, a famous writer, complained on behalf of her infant son that he had been photographed in a public street with her, and that the photograph had later been published in a national newspaper. She appealed an order striking out her claim . .
CitedSporrong and Lonnroth v Sweden ECHR 18-Dec-1984
Balance of Interests in peaceful enjoyment claim
An interference with the peaceful enjoyment of possessions must strike a fair balance between the demands of the general interests of the community and the requirements of the protection of the individual’s fundamental rights. This balance is . .
CitedGillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another HL 8-Mar-2006
The defendants said that the stop and search powers granted under the 2000 Act were too wide, and infringed their human rights. Each had been stopped when innocently attending demonstrations in London, and had been effectively detained for about . .

Cited by:
CitedAB, Regina (On the Application of) v Secretary of State for Justice and Another Admn 4-Sep-2009
The claimant was serving a sentence of imprisonment. She was a pre-operative transgender woman, but held in a male prison. She sought review of a decision to refuse transfer to a women’s prison. The Gender Recognition Panel was satisfied that the . .
CitedBary and Others, Regina (on The Application of) v Secretary of State for Justice and Another Admn 19-Mar-2010
The applicants, incarcerated at Long Lartin pending extradition or deportation, challenged a decision further restricting their movements within the prison. All were unconvicted, and all but one were suspected of terrorist crimes. The changes were . .
CitedJR38, Re Application for Judicial Review (Northern Ireland) SC 1-Jul-2015
The appellant was now 18 years old. In July 2010 two newspapers published an image of him. He was at that time barely 14 years old. These photographs had been published by the newspapers at the request of the police. The publication of the . .
CitedZXC v Bloomberg Lp CA 15-May-2020
Privacy Expecation during police investigations
Appeal from a judgment finding that the Defendant had breached the Claimant’s privacy rights. He made an award of damages for the infraction of those rights and granted an injunction restraining Bloomberg from publishing information which further . .
CitedHRH The Duchess of Sussex v Associated Newspapers Ltd ChD 11-Feb-2021
Defence had no prospect of success – Struck Out
The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment.
Held: Warby J . .
CitedMiller v The College of Policing CA 20-Dec-2021
Hate-Incident Guidance Inflexible and Unlawful
The central issue raised in the appeal is the lawfulness of certain parts of a document entitled the Hate Crime Operational Guidance (the Guidance). The Guidance, issued in 2014 by the College of Policing (the College), the respondent to this . .

Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 30 December 2021; Ref: scu.346308

Miller v The College of Policing: CA 20 Dec 2021

Hate-Incident Guidance Inflexible and Unlawful

The central issue raised in the appeal is the lawfulness of certain parts of a document entitled the Hate Crime Operational Guidance (the Guidance). The Guidance, issued in 2014 by the College of Policing (the College), the respondent to this appeal, sets out the national policy in relation to the monitoring and recording of what are described in the Guidance as non-crime hate incidents. At the root of the challenge is what is called perception-based recording. Specifically, the policy that non-crime hate incidents must be recorded by the police as such (against the named person allegedly responsible) if the incident is subjectively perceived by the ‘victim or any other person to be motivated by a hostility or prejudice against a person who is transgender or perceived to be transgender’ and irrespective of any evidence of the ‘hate’ element. The lawfulness of the relevant parts of the Guidance is challenged as contrary to the appellant’s right to freedom of expression, both at common law and as protected by Article 10 of the European Convention on Human Rights (the Convention).
Held: The appeal was allowed on two grounds. The Guidance was a real and significant interference with the right to freedom of expression. The risk of recording in such a case (together with knowledge of that risk and potential disclosure of non-crime hate incidents on an Enhanced Criminal Record Check, for example) had the potential to create a chilling effect in relation to public debate on a controversial issue.
Although the Guidance contained two narrow exceptions to the general rule
that complaints must be recorded, the lack of any ‘common-sense’ discretion not to record irrational complaints meant that there was a risk of recording incidents which are essentially non-crime non-hate incidents. The Guidance made no provision for any proportionality exercise in relation to recording and said nothing about the language to be used in any such record, or whether the subject should be notified that an incident has been recorded.

President of the Queens Bench Division,
Lady Justice Simler,
And,
Lord Justice Haddon-Cave
[2021] EWCA Civ 1926
Bailii, Summary, Judiciary
European Convention on Human Rights, Data Protection Act 2018, Police Act 1997 113B(4)
England and Wales
Citing:
Appeal fromMiller, Regina (on The Application of) v The College of Policing and Another Admn 14-Feb-2020
The claimant challenged the respondent’s operational guidance on non-criminal hate speech. A third party had complained of his comments in tweets regarding transgender issues. . .
CitedCatt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis SC 4-Mar-2015
Police Data Retention Justifiable
The appellants challenged the collection of data by the police, alleging that its retention interfered with their Article 8 rights. C complained of the retention of records of his lawful activities attending political demonstrations, and T . .
CitedCatt v The United Kingdom ECHR 24-Jan-2019
ECHR Judgment : Article 8 – Right to respect for private and family life : First Section . .
CitedWood v Commissioner of Police for the Metropolis CA 21-May-2009
The appellant had been ostentatiously photographed by the police as he left a company general meeting. He was a peaceful and lawful objector to the Arms Trade. He appealed against refusal of an order for the records to be destroyed. The police had . .
CitedMiller, Regina (on the Application of) v The Prime Minister; Cherry QC v Lord Advocate SC 24-Sep-2019
Prerogative act of prorogation was justiciable.
The Prime Minister had prorogued Parliament for a period of five weeks, leaving only a short time for Parliament to debate and act the forthcoming termination of the membership by the UK of the EU. The Scottish Court had decided (Cherry) that the . .
CitedYoussef, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs Admn 23-Jul-2012
The claimant challenged having been listed as an associate of Al-Qaida, with the resulting freezing of assets and a travel ban.
Held: His request for judicial review failed.
Toulson LJ deprecated the ‘tendency on the part of lawyers . . . .
CitedUnison, Regina (on The Application of) v Lord Chancellor SC 26-Jul-2017
The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system.
Held: The appeal succeeded. The fees were discriminatory and restricted access to justice.
The . .
CitedAl-Saadoon and Others v Secretary of State for Defence Admn 17-Mar-2015
Leggatt J explained the idea of enforced disappearance: ‘a concept recognised in international law and . . a practice which is internationally condemned. It involves detention outside the protection of the law where there is a refusal by the state . .
CitedAJA and Others v Commissioner of Police for The Metropolis and Others CA 5-Nov-2013
The Court was asked whether the Investigatory Powers Tribunal had the power to investigate whether police officers acrting as undercover agents, and having sexual relations with those they were themselves investigating had infringed the human rights . .
CitedHandyside v The United Kingdom ECHR 7-Dec-1976
Freedom of Expression is Fundamental to Society
The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to . .
CitedBalsyte-Lideikiene v Lithuania ECHR 4-Nov-2008
. .
CitedVajnai v Hungary ECHR 2010
The applicant wore a red star which was proscribed because of its association with communism.
Held: ‘a legal system which applies restrictions on human rights in order to satisfy the dictates of public feeling – real or imaginary – cannot be . .
CitedAltuc Taner Akcam v Turkey ECHR 25-Oct-2011
A professor of history had published numerous books and articles on the historical events of 1915 concerning the Armenian population, a subject of great sensitivity in Turkey. He published an editorial opinion in a Turkish-Armenian newspaper . .
CitedBridges, Regina (on The Application of) v South Wales Police CA 11-Aug-2020
. .
CitedBridges, Regina (on Application of) v The Chief Constable of South Wales Police Admn 4-Sep-2019
The court was asked whether the current legal regime in the United Kingdom is adequate to ensure the appropriate and non-arbitrary use of Automated Facial Recognition technology in a free and civilized society. At the heart of this case lies a . .
CitedPerincek v Switzerland ECHR 15-Oct-2015
(Grand Chamber) The applicant alleged, in particular, that his criminal conviction and sentence in Switzerland on account of public statements that he had made there in 2005 had been in breach of his right to freedom of expression and of his right . .
CitedSilver And Others v The United Kingdom ECHR 25-Mar-1983
There had been interference with prisoners’ letters by prison authorities. The Commission considered Standing Orders and Circular Instructions in relation to restrictions on correspondence. The rules were not available to prisoners and were . .
CitedGillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security HL 17-Oct-1985
Lawfulness of Contraceptive advice for Girls
The claimant had young daughters. She challenged advice given to doctors by the second respondent allowing them to give contraceptive advice to girls under 16, and the right of the first defendant to act upon that advice. She objected that the . .
CitedA, Regina (on The Application of) v Secretary of State for The Home Department SC 30-Jul-2021
Standards to be applied by a court when it is asked to conduct a judicial review of the contents of a policy document or statement of practice issued by the Government. The Supreme Court set out the principles governing the test that should be . .
CitedBF (Eritrea), Regina (on The Application of) v Secretary of State for The Home Department SC 30-Jul-2021
Standards to be applied by a court on judicial review of the contents of a policy
document or statement of practice issued by a public authority. I . .
CitedPerincek v Switzerland ECHR 15-Oct-2015
(Grand Chamber) The applicant alleged, in particular, that his criminal conviction and sentence in Switzerland on account of public statements that he had made there in 2005 had been in breach of his right to freedom of expression and of his right . .
CitedBank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .

Lists of cited by and citing cases may be incomplete.

Crime, Police, Human Rights

Updated: 30 December 2021; Ref: scu.670638

Miller, Regina (on The Application of) v The College of Policing and Another: Admn 14 Feb 2020

The claimant challenged the respondent’s operational guidance on non-criminal hate speech. A third party had complained of his comments in tweets regarding transgender issues.

The Honourable Mr Justice Julian Knowles
[2020] EWHC 225 (Admin)
Bailii
England and Wales
Cited by:
CitedHayden v Associated Newspapers Ltd QBD 11-Mar-2020
The claimant alleged defamation by the defendant, and the court now considered the meanings of the words complained of. Another person had been held by police for seven hours after identifying the claimant as a transgendered man.
Held: The . .
Appeal fromMiller v The College of Policing CA 20-Dec-2021
Hate-Incident Guidance Inflexible and Unlawful
The central issue raised in the appeal is the lawfulness of certain parts of a document entitled the Hate Crime Operational Guidance (the Guidance). The Guidance, issued in 2014 by the College of Policing (the College), the respondent to this . .

Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 30 December 2021; Ref: scu.648265

AJA and Others v Commissioner of Police for The Metropolis and Others: CA 5 Nov 2013

The Court was asked whether the Investigatory Powers Tribunal had the power to investigate whether police officers acrting as undercover agents, and having sexual relations with those they were themselves investigating had infringed the human rights of those individuals. In each case the officer had deceived the people involved.
Held: ‘ The phrase ‘personal or other relationship’ in section 26(8)(a) forms part of the definition of the type of conduct which can be authorised under section 27 and which, if it is carried out in ‘challengeable circumstances’, may be the subject of human rights proceedings before the IPT under section 65. In its plain and ordinary meaning, it includes intimate sexual relationships. In the principle of legality cases, there was a general power which was capable of being used for many purposes. There was doubt as to whether Parliament intended that it should be capable of being used so as to override fundamental rights. In the present context, there is no doubt that, in enacting RIPA, Parliament intended to override fundamental human rights subject to certain protections. Most pertinently, these include the requirement for necessity and proportionality. It can fairly be said that Parliament may not have foreseen in precisely what way those human rights might be overridden and there is certainly nothing to suggest that Parliament contemplated that surveillance by a CHIS might be conducted by using the extraordinary techniques that are alleged to have been used in the present case. But none of that matters. To give ‘personal or other relationships’ its ordinary meaning so as to include intimate sexual relationships does not produce any startling or unreasonable consequences which Parliament cannot have intended. ‘

Lord Dyson MR, Maurice Kay, Sharp LJJ
[2013] EWCA Civ 1342, [2013] WLR(D) 424, [2014] 1 All ER 882, [2014] 1 WLR 285
Bailii, WLRD
Regulation of Investigatory Powers Act 2000 26, European Convention of Human Rights 8(1), Human Rights Act 1998 7(1)
England and Wales
Citing:
CitedDudgeon v The United Kingdom ECHR 22-Oct-1981
ECHR (Plenary Court) Legislation in Northern Ireland that criminalised homosexual behaviour which was lawful in the rest of the UK.
Held: There was a violation of article 8, but it was not necessary to . .
CitedA, Regina (on The Application of) v B; Regina (A) v Director of Establishments of the Security Service SC 9-Dec-2009
B, a former senior member of the security services wished to publish his memoirs. He was under contractual and statutory obligations of confidentiality. He sought judicial review of a decision not to allow him to publish parts of the book, saying it . .
CitedSecretary of State for the Home Department v GG CA 23-Jul-2009
The defendant challenged the inclusion in a control order of an order to submit to personal searches. The Secretary of State appealed against a refusal of the order to ermit the searches.
Held: The appeal failed. Such orders were made solely . .
CitedMcE, Re; McE v Prison Service of Northern Ireland and Another HL 11-Mar-2009
Complaint was made that the prisoner’s privileged conversations with his solicitors had been intercepted by the police.
Held: The Act made explicit provisions allowing such interception and set out the appropriate safeguards. The interceptions . .
CitedRegina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd HL 16-May-2002
The inspector issued a notice requiring production of certain documents. The respondents refused to produce them, saying that they were protected by legal professional privilege.
Held: Legal professional privilege is a fundamental part of . .
CitedCollins v Wilcock QBD 1984
The defendant appealed against her conviction for assaulting a police constable in the execution of his duty. He had sought to caution her with regard to activity as a prostitute. The 1959 Act gave no power to detain, but he took hold of her. She . .
CitedRegina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .

Cited by:
CitedMiller v The College of Policing CA 20-Dec-2021
Hate-Incident Guidance Inflexible and Unlawful
The central issue raised in the appeal is the lawfulness of certain parts of a document entitled the Hate Crime Operational Guidance (the Guidance). The Guidance, issued in 2014 by the College of Policing (the College), the respondent to this . .

Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 30 December 2021; Ref: scu.517376

Bridges, Regina (on Application of) v The Chief Constable of South Wales Police: Admn 4 Sep 2019

The court was asked whether the current legal regime in the United Kingdom is adequate to ensure the appropriate and non-arbitrary use of Automated Facial Recognition technology in a free and civilized society. At the heart of this case lies a dispute about the privacy and data protection implications of AFR.
Held:
The court set out the general principles applicable to the ‘in accordance with the law’ standard: ‘The general principles applicable to the ‘in accordance with the law’ standard are well-established: see generally per Lord Sumption in Catt, above, [11]-[14]; and in Re Gallagher [2019] 2 WLR 509 at [16] – [31]. In summary, the following points apply.
(1) The measure in question (a) must have ‘some basis in domestic law’ and (b) must be ‘compatible with the rule of law’, which means that it should comply with the twin requirements of ‘accessibility’ and ‘foreseeability’ (Sunday Times v United Kingdom (1979) 2 EHRR 245; Silver v United Kingdom (1983) 5 EHRR 347; and Malone v United Kingdom (1985) 7 EHRR 14).
(2) The legal basis must be ‘accessible’ to the person concerned, meaning that it must be published and comprehensible, and it must be possible to discover what its provisions are. The measure must also be ‘foreseeable’ meaning that it must be possible for a person to foresee its consequences for them and it should not ‘confer a discretion so broad that its scope is in practice dependent on the will of those who apply it, rather than on the law itself’ (Lord Sumption in Re Gallagher, ibid . ..
(3) Related to (2), the law must ‘afford adequate legal protection against arbitrariness and accordingly indicate with sufficient clarity the scope of discretion conferred on the competent authorities and the manner of its exercise’ (S v United Kingdom, above . ..
(4) Where the impugned measure is a discretionary power, (a) what is not required is ‘an over-rigid regime which does not contain the flexibility which is needed to avoid an unjustified interference with a fundamental right’ and (b) what is required is that ‘safeguards should be present in order to guard against overbroad discretion resulting in arbitrary, and thus disproportionate, interference with Convention rights’ (per Lord Hughes in Beghal v Director of Public Prosecutions [2016] AC 88 . . Any exercise of power that is unrestrained by law is not ‘in accordance with the law’.
(5) The rules governing the scope and application of measures need not be statutory, provided that they operate within a framework of law and that there are effective means of enforcing them (per Lord Sumption in Catt . .).
(6) The requirement for reasonable predictability does not mean that the law has to codify answers to every possible issue (per Lord Sumption in Catt at . . ‘

[2019] EWHC 2341 (Admin), [2020] 1 Cr App R 3, [2020] 1 WLR 672, [2019] HRLR 16, [2019] WLR(D) 496, [2020] 1 All ER 864
Bailii, WLRD
England and Wales
Cited by:
Appeal fromBridges, Regina (on The Application of) v South Wales Police CA 11-Aug-2020
. .
CitedMiller v The College of Policing CA 20-Dec-2021
Hate-Incident Guidance Inflexible and Unlawful
The central issue raised in the appeal is the lawfulness of certain parts of a document entitled the Hate Crime Operational Guidance (the Guidance). The Guidance, issued in 2014 by the College of Policing (the College), the respondent to this . .

Lists of cited by and citing cases may be incomplete.

Police, Information

Updated: 30 December 2021; Ref: scu.640832

Bridges, Regina (on The Application of) v South Wales Police: CA 11 Aug 2020

Sir Terence Etherton MR, Dame Victoria Sharp PQBD and Lord Justice Singh
[2020] EWCA Civ 1058, [2021] 2 All ER 1121, [2020] 1 WLR 5037, [2020] HRLR 16, [2021] 1 Cr App R 4
Bailii, Bailii Summary
England and Wales
Citing:
Appeal fromBridges, Regina (on Application of) v The Chief Constable of South Wales Police Admn 4-Sep-2019
The court was asked whether the current legal regime in the United Kingdom is adequate to ensure the appropriate and non-arbitrary use of Automated Facial Recognition technology in a free and civilized society. At the heart of this case lies a . .
CitedS, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper HL 22-Jul-2004
Police Retention of Suspects DNA and Fingerprints
The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life.
Held: The parts of DNA used for testing . .

Cited by:
CitedRowley, Regina (on The Application of) v Minister for The Cabinet Office Admn 28-Jul-2021
Failure to Provide Signers was Discriminatory
The claimant challenged the failure of the respondent to provide sign language interpreters to accompany public service broadcasts during the Covid pandemic. The parties agreed that the steps taken for later broadcasts had satisfied the . .
CitedMiller v The College of Policing CA 20-Dec-2021
Hate-Incident Guidance Inflexible and Unlawful
The central issue raised in the appeal is the lawfulness of certain parts of a document entitled the Hate Crime Operational Guidance (the Guidance). The Guidance, issued in 2014 by the College of Policing (the College), the respondent to this . .

Lists of cited by and citing cases may be incomplete.

Police, Information

Updated: 30 December 2021; Ref: scu.653063

The Police Superintendents’ Association, Regina (on The Application of) v Hm Treasury: Admn 15 Dec 2021

The Police Superintendents’ Association challenged the legality of the consultation on ‘Public service pension schemes: changes to the transitional arrangements to the 2015 schemes’ and the decision announced to close legacy public service pension schemes, including the police schemes, and move all active members to reformed pension schemes.

Mrs Justice Heather Williams DBE
[2021] EWHC 3389 (Admin)
Bailii
England and Wales

Police

Updated: 30 December 2021; Ref: scu.670476

Corbet And Others v France: ECHR 19 Mar 2015

Relying on Article 6-1 and 6-2 of the Convention, the applicants complained of a violation of their right to remain silent and not to contribute to their own incrimination, the right to presumption of innocence and the rights of the defense, resulting from the fact that a report of a parliamentary commission of inquiry was sent to the Public Ministry and served as the basis for criminal prosecutions conducted against them. In addition, relying on Article 5 – 3 of the Convention in the context of his detention in custody in July 2003, the applicant Corbet (application no 7494/11 ) complained of a violation of the right of any person arrested or detained application of Article 5 – 1(c) to be ‘promptly’ before a judge.

Mark Villiger, P
7494/11 – Chamber Judgment, [2015] ECHR 321
Bailii
European Convention on Human Rights

Human Rights, Criminal Practice, Police

Updated: 29 December 2021; Ref: scu.545039

Kololo v Commissioner of Police for The Metropolis: QBD 9 Mar 2015

The claimant sought disclosure of information under the 1998 Act. The defendant said that the application was an abuse of process and an attempt to circumvent the 2003 Act. The claimant had been convicted of involvement in kidnapping and murder in Somalia and was to appeal aganst a sentence of death. The claimant said that he wanted the information so that he could review it and correct any inaccuracies. The defendant replied that his true purpose was to use it in connection with foreign criminal proceedings.
Held: Such an additional purpose was not an abuse. The data should be supplied. The court had a quite general discretion whether to order compliance with a subject access request, but that discretion had to be exercised in a proportionate way with a view to giving effect to the purpose of the Act.

Dingemans J
[2015] EWHC 600 (QB), [2015] WLR(D) 111
Bailii, WLRD
Data Protection Act 1998 1(1) 2 7, Crime (International Co-Operation) Act 2003, Directive 95/46/EC
Citing:
CitedYS v Minister voor Immigratie, Integratie en Asiel ECJ 17-Jul-2014
ECJ Request for a preliminary ruling – Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Articles 2, 12 and 13 – Concept of ‘personal data’ – Scope of the right of . .
CitedCallery v Gray (1) and (2) HL 27-Jun-2002
Success fees and ATE premiums were recoverable
Objection was made to a claimed uplift of 20% sought by the plaintiff’s solicitors. The defendant’s insurers said that there had been little at risk for them.
Held: The system of conditional fees insurance had been introduced to remedy defects . .

Lists of cited by and citing cases may be incomplete.

Police, Information

Updated: 28 December 2021; Ref: scu.544299

Patricia Armani Da Silva v The United Kingdom: ECHR 12 Jul 2012

The claimant’s innocent cousin Jean Charles de Menezes had been shot and killed by police officers seeking a suicide bomber. She had complained that after investigation, no police officer had been prosecuted for any serious offence of murder or otherwise.

5878/08, [2012] ECHR 1594
Bailii
European Convention on Human Rights, Police Reform Act 2002, Police (Complaints and Misconduct) Regulations 2004
Citing:
See AlsoPatricia Armani Da Silva v The United Kingdom ECHR 28-Sep-2010
The applicant complained of the failure to convict anyone of a serious criminal offence after her innocent cousin was shot dead by police officers who said they mistook him for a suicide bomber. . .
See AlsoPatricia Armani Da Silva v The United Kingdom ECHR 7-Jul-2012
The claimant’s cousin had been shot by police mistakenly thinking he was a terrorist with a suicide bomb. . .
At AdmnDa Silva, Regina (on the Application of) v Director of Public Prosecutions and Another Admn 14-Dec-2006
An innocent bystander had been shot dead by police mistaking him for a suicide bomber. The claimant, a cousin, challenged decisions not to prosecute any officer for murder or manslaughter or any other criminal offence.
Held: Review was . .

Cited by:
CitedMontgomery v Lanarkshire Health Board SC 11-Mar-2015
Change in Doctors’ Information Obligations
The pursuer claimed that her obstetrician had been negligent, after her son suffered severe injury at birth. The baby faced a birth with shoulder dystocia – the inability of the shoulders to pass through the pelvis. The consultant considered that a . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 28 December 2021; Ref: scu.544277

Demetrio, Regina (on The Application of) v The Independent Police Complaints Commission (IPCC): Admn 6 Mar 2015

The claimant sought judicial review of a decision by the IPCC that a apolice officer had no case to answer on his complaint that the officer had placed his hands around the claimant’s neck while in custody as if to strangle him.
Held: The IPCC having found it lore likely than not that the assault had taken place, the decision not o proceed was irrational and set aside.

Burnett LJ, William Davis J
[2015] EWHC 593 (Admin), [2015] PTSR 1268, [2015] WLR(D) 120
Bailii, WLRD
England and Wales

Police

Updated: 28 December 2021; Ref: scu.543925

X, Regina (on The Application of) v The Chief Constable of Y Police and Another: Admn 27 Feb 2015

‘The first defendant . . applies for an order that certain police records relating to the claimant (‘X’), a man aged 32, should be withheld from disclosure in these proceedings on the grounds of public interest immunity (‘PII’).’

Philli[ps J
[2015] EWHC 484 (Admin)
Bailii

Police

Updated: 28 December 2021; Ref: scu.543652

Coomber (Surveyor of Taxes) v Berkshire Justices: HL 3 Dec 1883

The central issue was whether a block of buildings comprising county assize courts and a police station were liable to income tax under Schedule A. If they had been erected as part of the function of government in the administration of justice, then notwithstanding the fact that they were built by the county and paid for out of the county rates, the Crown’s exemption from payment of taxes would apply.
Held: They were both exempt, the police being ultimately a crown responsibility
Lord Blackburn said: ‘I do not think it can be disputed that the administration of justice, both criminal and civil, and the preservation of order and prevention of crime by means of what is now called police, are among the most important functions of Government, nor that by the constitution of this country, these functions do, of common right, belong to the Crown.
In England a subject may have a franchise, giving him the right to administer justice in a particular locality in courts held by him; and he may also have a right to name the constables. In early times, such local franchises were of value for the revenue derived from the fees, and, no doubt, as increasing the local influence of the grantee. But it was always held that on a proceeding in quo warranto the Crown could call on the person in possession of such a franchise to shew his title, on the ground that they were among the matters quae mere spectant ad regem, and that unless he shewed a title by grant from the crown, or by prescription, the franchises were seized and he was ousted. (See Comyn’s Digest, Quo Warranto A, and the authorities there collected). In the present case there is no question raised as to any franchise in the hands of a subject.
From very early times, judges acting under the King’s Commission went down to administer justice in counties. The sheriff, the head officer of the county, but appointed by the Crown, was always called upon to attend them, and to provide lodging and accommodation for them. He did this at the cost of the county. I do not stop to inquire by what machinery the cost was in early times defrayed. It is now provided for by the statutes referred to, and comes out of the county rate.
The sheriff also was bound to raise the hue and cry, and call out the posse comitatus of the county whenever it was necessary for any police purposes; in so doing he was acting for the Crown, but the burthen fell on the inhabitants of the county. By modern legislation, the county police are arrayed at the expense of the county, defrayed by a police rate on the county, supplemented, in some cases, by grants from the imperial revenues.
Income Tax. Assize courts and police stations. Crown privilege. In fulfilment of the duty cast upon a county of providing courts and maintaining a police force, the justices cause certain buildings to be erected and used for the purposes of an assize court and police station. Held, that the purposes for which the buildings are owned and occupied are purposes required and created by the Government of the country, and that the buildings must be deemed to be for the use and service of the Crown, and, therefore, exempt from income tax.

Lord Blackburn
[1883] 9 AC 61, [1883] UKHL TC – 2 – 1, (1883) 9 App Cas 61
Bailii
England and Wales
Cited by:
CitedRegina v Secretary of State for the Home Department, ex Parte Northumbria Police Authority CA 18-Nov-1987
The Authority appealed from refusal of judicial review of a circular issued by the respondent as to the supply of Plastic Baton Rounds and CS gas from central resources only. The authority suggested that the circular amounted to permission for the . .

Lists of cited by and citing cases may be incomplete.

Police, Constitutional, Income Tax

Updated: 28 December 2021; Ref: scu.636770

The National Council for Civil Liberties (Liberty), Regina (on The Application of) v Secretary of State for The Home Department and Another (Procedural Matters): Admn 27 Apr 2018

Lord Justice Singh
[2018] HC 976 (Admin)
Bailii
England and Wales
Citing:
See AlsoThe National Council for Civil Liberties (Liberty), Regina (on The Application of) v Secretary of State for The Home Department and Another Admn 27-Apr-2018
. .

Lists of cited by and citing cases may be incomplete.

Information, Police

Updated: 28 December 2021; Ref: scu.614963

Mehmet Yaman v Turkey: ECHR 24 Feb 2015

ECHR The applicant complained of having been subjected to ill-treatment in police custody and lack of effective investigation against the police officers as well as the duration of the procedure. He relies on Articles 3, 6 and 13 of the Convention.

A Sajo P
36812/07 – Chamber Judgment, [2015] ECHR 219
Bailii
European Convention on Human Rights

Human Rights, Police

Updated: 28 December 2021; Ref: scu.543246

Laporte and Another v The Commissioner of Police of The Metropolis: QBD 19 Feb 2015

[2015] EWHC 371 (QB)
Bailii
England and Wales
Citing:
See AlsoLaporte and Another v The Commissioner of Police of The Metropolis QBD 31-Oct-2014
Turner J setout a series of propositions relating to the use of force in excluding people from public meetings: ‘i) Those running a public meeting, including local authorities, have a common law power (or perhaps duty in certain circumstances) to . .

Lists of cited by and citing cases may be incomplete.

Police

Updated: 28 December 2021; Ref: scu.543062