Category: Police

Parker v Chief Constable of the Hampshire Constabulary: CA 25 Jun 1999

The claimant sought damages after his arrest by armed police. The defendant appealed a substantial award of damages.
Held: The section required the officer to have reasonable grounds for suspecting the arrestees to be guilty of the offence. The constable must suspect both that an arrestable offence has been committed and that the citizen he is arresting is guilty, and in addition he is required to have reasonable grounds for these suspicions.
Held: The state of mind of the officer at the time of the arrest reflected a degree of uncertainty, or to use Lord Devlin’s words, a state of ‘conjecture or surmise’. This state of mind, suspicious but uncertain, was based on reasonable grounds, and the arrest was lawful.

Judges:

Lord Justice Peter Gibson, Lord Justice Schiemann, Lord Justice Judge

Citations:

[1999] EWCA Civ 1685

Links:

Bailii

Statutes:

Police & Criminal Evidence Act 1984 24(6)

Jurisdiction:

England and Wales

Cited by:

Cited – Jarrett v Chief Constable of West Midlands Police CA 14-Feb-2003
The claimant sought damages for false imprisonment and assault after her wrongful arrest. She had waived her handbag at an officer investigating a disturbance and been arrested. The police said the arrest was lawful, she being suspected of common . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 21 January 2023; Ref: scu.146600

K, Regina (on The Application of) v Chief Constable of Lancashire Police: CA 24 Jun 2009

K renewed his application for leave to appeal against refusal of judicial review of the decision of his chief constable to dispense with his services.

Citations:

[2009] EWCA Civ 1197

Links:

Bailii

Statutes:

Police (Conduct) Regulations 2004 13

Jurisdiction:

England and Wales

Citing:

Appeal from – Khan, Regina (on the Application of) v Chief Constable of Lancashire Admn 30-Jan-2009
. .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 20 December 2022; Ref: scu.380340

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

Delay defeated Request for review

A police dog had bitten a child on his arrest. His mother complained and again at the handling of her complaint by the IPCC. The MPS had disciplined in accordance with a letter from the IPCC, and having acted refused to re-open the complaint.
Held: An early letter from the IPCC was a final decision on the matter. This depended not on their intention, but on the meaning of the words used. Furthermore the requests of the IPCC sought to control the decision which was in law one for the senior police officer. The case of Green distinguished between the right under section 76(7)(b) to require information and the power to require an investigation to be re-opened. There had been substantial delay, not least from the claimant. Relief refused.

Judges:

Stanley Burnton LJ

Citations:

[2009] EWHC 1566 (Admin)

Links:

Bailii

Statutes:

Police Act 1996 76(7)(b)

Jurisdiction:

England and Wales

Citing:

Cited – Clare, Regina (on the Application of) v Commissioner of Police; Independent Police Complaint Commission Admn 15-Apr-2005
The complainant had made a complaint against police officers of assault. Criminal proceedings against the complainant were discontinued by the Crown Prosecution Service. Following that acquittal her solicitors wrote with her complaint against them, . .
Cited – The Police Complaints Authority and Others v Regina CA 26-Mar-2002
Simon Brown LJ said: ‘Given the PCA’s right under section 76(7)(b) to such other information as they need for the purpose of reaching their section 76 decision, I am inclined to think that, if, after obtaining the complainant’s comments upon any . .
Cited – Regina v Police Complaints Authority ex parte Green HL 26-Feb-2004
Discovery was sought of statements created during the investigation of a complaint against a police officer. The claimant argued that a police officer had deliberately driven his car at him.
Held: The investigation by a separate police force . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 20 December 2022; Ref: scu.347443

Police Federation of England and Wales and Others, Regina (On the Application of) v the Secretary for the Home Department and Another: Admn 17 Mar 2009

The Claimants are challenging the decision of the Home Secretary to introduce new tables of lump sum commutation factors, for the purposes of Regulation B7(7) of the Police Pensions Regulations 1987

Judges:

Cox DBE J

Citations:

[2009] EWHC 488 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Police

Updated: 20 December 2022; Ref: scu.346915

Palomares v Chief Constable of Thames Valley Police: CA 11 Oct 1996

The Chief Constable appealed a finding of false imprisonment. The claimant had been arrested, but later the charges were dismissed. The jury found on the trial for malicious prosecution that the officers had not believed the truth of the allegations they had made. The plaintiff had insulted the officer and later apologised. The defendant appealed saying the jury’s verdict was inconsistent, and the judge’s direction inadequate.
Held: The jury’s verdict was not inconsistent. Though the plaintiff had misbehaved, the officers had ‘gilded the lily’ and thrown the book at him, and the judge’s approach on that point had been correct. However the judge had failed to draw distinctions which were necessary regarding the connection between the lawfulness of the arrest and later the reasonable and probable cause for the charges laid, and the honest or other belief of the officers, and later again as to damages. The jury’s verdict must be set aside.

Judges:

Lord Justice Beldam, Lord Justice Ward, Lord Justice Schiemann

Citations:

[1996] EWCA Civ 709

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Glinski v McIver HL 1962
The court considered the tort of malicious prosecution when committed by a police officer, saying ‘But these cases must be carefully watched so as to see that there really is some evidence from his conduct that he knew it was a groundless charge.’ . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 20 December 2022; Ref: scu.140576

Kamoka v The Security Service: QBD 1205

The court hearing an application for disclosure, should consider both the nature of the issue at stake and what is needed for the fair disposal of the litigation in hand.

Judges:

Irwin J

Citations:

[2015] EWHC 3307 (QB)

Jurisdiction:

England and Wales

Cited by:

Cited – Reprieve and Others, Regina (on The Application of) v The Prime Minister Admn 30-Jun-2020
Standing may not be enough for JR
The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 20 December 2022; Ref: scu.652304

Kumar v Commissioner of Police of the Metropolis: CA 31 Jan 1995

The claimant complained that in instituting and continuing a patently hopeless prosecution for rape, based only on the evidence of a woman who had made repeated false allegations of rape, the police had acted in breach of a duty of care to him.
Held: The claimant’s appeal against the striking out of his claim failed. Sir Ralph Gibson: ‘In my judgment, for similar reasons [to those given in Elguzouli-Daf], the interests of the whole community are better served by not imposing a duty of care upon the police officers in their decisions whether or not to place sufficient reliance upon the account of a complainant to justify the making of a charge against an accused.’

Judges:

Sir Ralph Gibson

Citations:

Unreported, 31 January 1995

Jurisdiction:

England and Wales

Cited by:

Cited – Brooks v Commissioner of Police for the Metropolis and others HL 21-Apr-2005
The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, . .
Lists of cited by and citing cases may be incomplete.

Police, Negligence

Updated: 12 December 2022; Ref: scu.225892

Taylor v Anderton (Police Complaints Authority Intervening): CA 19 Jan 1995

Reports, which had been prepared for the purposes of a police complaint procedure, could be entitled to protection from disclosure under a public interest immunity certificate. The court also considered the relationship between the documentation and the decision as to whether a trial wasto be by judge alone, or with a jury. Cost is also a consideration: ‘The case as it stands will be very lengthy, very expensive, very burdensome and very difficult to control if tried by a judge alone. If tried by a judge and jury it will be even lengthier, even more expensive, even more burdensome and even more difficult to control.’ The fact that sight of a document for inspection may give the inspecting party a litigious advantage in the litigation does not of itself make production of the document unfair: ‘The crucial consideration is, in my judgment, the meaning of the expression ‘disposing fairly of the cause or matter’. Those words direct attention to the question whether inspection is necessary for the fair determination of the matter, whether by trial or otherwise. The purpose of the rule is to ensure that one party does not enjoy an unfair advantage or suffer an unfair disadvantage in the litigation as a result of a document not being produced for inspection. It is, I think, of no importance that a party is curious about the contents of a document or would like to know the contents of it, if he suffers no litigious disadvantage by not seeing it and would gain no litigious advantage by seeing it. That, in my judgment, is the test.’

Judges:

Sir Thomas Bingham MR, Rose, Morritt LJJ

Citations:

Independent 28-Feb-1995, Gazette 15-Mar-1995, Times 19-Jan-1995, [1995] 1 WLR 447

Jurisdiction:

England and Wales

Cited by:

Cited – Right Hon Aitken MP and Preston; Pallister and Guardian Newspapers Ltd CA 15-May-1997
The defendants appealed against an order that a defamation trial should proced before a judge alone.
Held: ‘Where the parties, or one of them, is a public figure, or there are matters of national interest in question, this would suggest the . .
Cited – Branson v Snowden; Branson v Gtech UK Corporation (a Body Corporate) and Rendine CA 3-Jul-1997
The respective parties had been preparing competing bids for the National Lottery. One (Branson) alleged that the other had offerered a bribe. The other responded that the allegation was a lie, and each sued the other for defamation.
Held: The . .
Cited – Brooker and Brooker v Chief Constable of Thames Valley Police CA 26-Oct-1998
The plaintiffs claimed damages against the respondents for wrongful arrest and false imprisonment. By mistake the defendants disclosed a letter from a senior officer supporting the allegation, despite which the Police Complaints Authority had denied . .
Cited – Ashley and Another v Sussex Police CA 27-Jul-2006
The deceased was shot by police officers raiding his flat in 1998. The claimants sought damages for his estate. They had succeeded in claiming damages for false imprisonment, but now appealed dismissal of their claim for damages for assault and . .
Lists of cited by and citing cases may be incomplete.

Police, Defamation, Litigation Practice

Updated: 09 December 2022; Ref: scu.89742

In Re G (A Minor) (Social Worker: Disclosure): CA 14 Nov 1995

A social worker may relate oral admissions made by parents to him to the police without first getting a court’s permission.
Butler-Sloss LJ said: ‘I would on balance and in the absence of argument give the more restrictive interpretation to r 4.23 and limit it to documents held by the court in the court file. I doubt that it extends to documents created for the purposes of the proceedings even if intended to be filed with the court, since they may not in fact become part of the court file. It is important that the rule should not be widely and loosely interpreted so as to bring within its ambit information at a stage when I am sure it was not intended to be covered and which would be contrary to wider considerations of the best interests of the child.’
Sir Roger Parker said: ‘The wording of rule 4.23 of the Family Proceedings Rules 1991 appears to me to be plain. Leave to disclose is only required in respect of documents and only in respect of documents held by the court . The rule thus follows established wardship practice as can be seen from the judgments of this Court in re D (Minors)(Wardship:Disclosure) [1994] 1 FLR 346. I can see neither need nor justification for extending the scope of the words so as to require leave for the disclosure of information imparted to a social worker and recorded in case notes or a report which for one reason or another has never reached the court. To do so would, in my view, not be construction but a complete rewriting of the rule and thus legislation, which is neither the function nor within the powers of the court. ‘

Judges:

Butler-Sloss LJ, Sir Roger Parker

Citations:

Times 14-Nov-1995, Gazette 06-Dec-1995, Independent 08-Dec-1995, [1996] 1 WLR 1407, [1996] 1 FLR 276

Statutes:

Family Proceedings Rules 1991 4.23

Jurisdiction:

England and Wales

Cited by:

Cited – Doctor A and Others v Ward and Another FD 9-Feb-2010
. .
Cited – Doctor A and Others v Ward and Another FD 8-Jan-2010
Parents wished to publicise the way care proceedings had been handled, naming the doctors, social workers and experts some of whom had been criticised. Their names had been shown as initials so far, and interim contra mundum orders had been made . .
Lists of cited by and citing cases may be incomplete.

Police, Children

Updated: 09 December 2022; Ref: scu.81901

Regina v Police Complaints Authority ex parte Hanratty: 25 Jul 1995

The court was asked whether the Police Complaints Authority had a power to re-open its own decision. Brooke J said: ‘Each of these cases turns on the particular statutory background . . (I leave open for another day) the question whether in any conceivable circumstances the PCA might be able to reopen a decision. I am quite clear, however, on the facts of this case, bearing in mind the statutory framework and the effect of a decision to grant a dispensation from the requirement of the regulations, which was communicated to the police and to the applicants in accordance with the PCA’s duties, that there is no room in that statutory framework for the PCA then to reconsider their decision in the light of new submissions made to them by the applicant.’

Judges:

Brooke J

Citations:

Unreported, 25 July 1995

Jurisdiction:

England and Wales

Cited by:

Cited – Dennis, Regina (on the Application of) v Independent Police Complaints Commission Admn 6-May-2008
The claimant was stood at her door when she was taken by police officers, an armed gun pointed at her, laid on the ground and her hands bound. She was held for fifteen minutes. She was entirely innocent, but the officers were looking for armed . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 07 December 2022; Ref: scu.268752

Cowles v Dunbar: 24 Feb 1827

Abbott CJ said: ‘if a reasonable charge of felony is given, a constable is bound to take the offender into custody’.

Judges:

Abbott CJ

Citations:

[1827] 2 Car and P 565, [1827] EngR 325, (1827) M and M 35, (1827) 173 ER 1072

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – Christie 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 . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 07 December 2022; Ref: scu.259579

Hobbs v Branscomb: 1813

Judges:

Lord Ellenborough

Citations:

[1813] 3 Camp 420, [1813] EngR 498, (1813) 170 ER 1431 (B)

Links:

Commonlii

Jurisdiction:

England and Wales

Citing:

Dictum Approved – Williams v Dawson 1788
Buller J said: ‘That if a peace officer of his own head takes a person into custody on suspicion, he must prove that there was such a crime committed; but that if he receives a person into custody on a charge preferred by another of felony or a . .

Cited by:

Cited – Christie 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 . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 07 December 2022; Ref: scu.259581

Williams v Dawson: 1788

Buller J said: ‘That if a peace officer of his own head takes a person into custody on suspicion, he must prove that there was such a crime committed; but that if he receives a person into custody on a charge preferred by another of felony or a breach of the peace, then he is to be considered as a mere conduit; and if no felony or breach of the peace was committed, the person who preferred the charge alone is answerable.’

Judges:

Buller J

Citations:

Unreported 1788

Jurisdiction:

England and Wales

Cited by:

Dictum Approved – Hobbs v Branscomb 1813
. .
Cited – Christie 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 . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 07 December 2022; Ref: scu.259582

Osman and another v Ferguson and another: CA 7 Oct 1992

Limits of Police duty to protect

A schoolmaster developed an infatuation for a teenage pupil. It led to the killing of the pupil’s father, the wounding of the pupil, the wounding of a deputy headmaster and the killing of the deputy headmaster’s son. Mr Osman’s widow and the pupil claimed against, with another, the Commissioner of Metropolitan Police. The defendant appealed against a refusal to strike out the claim.
Held: The appeal was allowed. In light of previous authorities, no action could lie against the police in negligence in the investigation and suppression of crime on the grounds that public policy required an immunity from suit. The Commissioner and his officers owed the father and the pupil no duty of care.

Judges:

Lord Justice McCowan

Citations:

[1993] 4 All ER 344, [1992] EWCA Civ 8

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal following – Osman 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, . .
Cited – Welton, Welton v North Cornwall District Council CA 17-Jul-1996
The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he . .
Cited – Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police HL 30-Jul-2008
Police Obligations to Witnesses is Limited
A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2.
Held: The House was asked ‘If the police are alerted . .
Lists of cited by and citing cases may be incomplete.

Police, Negligence

Updated: 07 December 2022; Ref: scu.183662

Tempest v Snowden: 1952

Decision too charge – whether was warranted

A custody officer is not required to be sure that the accused person is guilty before charging him, but rather he should believe that a charge is warranted

Citations:

[1952] 1 KBD 130

Jurisdiction:

England and Wales

Cited by:

Cited – Glinski v McIver HL 1962
The court considered the tort of malicious prosecution when committed by a police officer, saying ‘But these cases must be carefully watched so as to see that there really is some evidence from his conduct that he knew it was a groundless charge.’ . .
Cited – Sinclair v Chief Constable of West Yorkshire and British Telecommunications Plc CA 12-Dec-2000
The claimant had been prosecuted, but the charge was dismissed as an abuse of process. He now appealed a strike out of his civil claim for damages for malicious prosecution.
Held: The appeal failed. The decision to dismiss the criminal charge . .
Cited – Howarth v Gwent Constabulary and Another QBD 1-Nov-2011
The claimant alleged malicious prosecution and misfeasance in public office against the defendant. He had been charged with perverting the course of justice. He had worked for a firm of solicitors specialising in defending road traffic prosecutions. . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 07 December 2022; Ref: scu.183663

Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore: HL 1971

Test for police protection need

The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2.
Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s expectation being falsified either in one way or in the other, I do not think that the test of the applicability of paragraph (c) is that the court must be satisfied that it is more likely than not that the fugitive will be detained or restricted if he is returned. A lesser degree of likelihood is, in my view, sufficient; and I would not quarrel with the way in which the test was stated by the magistrate or with the alternative way in which it was expressed by the Divisional Court. ‘A reasonable chance,’ ‘substantial grounds for thinking,’ ‘a serious possibility’ – I see no significant difference between these various ways of describing the degree of likelihood of the detention or restriction of the fugitive on his return which justifies the court in giving effect to the provisions of section 4(1)(c). Instead of too close a calculation, the court should consider the words ‘applying, untrammelled by semantics, principles of common sense and common humanity.’

Judges:

Lord Diplock

Citations:

[1971] 1 WLR 987, [1971] 2 All ER 691

Statutes:

European Convention on Human Rights, Fugitive Offenders Act 1967 4(1)(c)

Jurisdiction:

England and Wales

Cited by:

Cited – Regina (A and Others) v Lord Saville of Newdigate and Others QBD 16-Nov-2001
When making a decision which would interfere with the human rights of an individual, and even where the risks from which protections was sought, could be seen as small, it was the duty of the decision maker to justify the interference. The . .
Adopted – Regina (A and others) (Widgery Soldiers) v Lord Saville of Newdigate and Others CA 19-Dec-2001
The court would apply common sense in deciding whether soldier witnesses should be obliged to attend in person at an enquiry in Londonderry, where they claimed their lives would be at risk. It was not appropriate to seek to define what would be . .
Cited – Regina v Chief Constable of Norfolk, ex parte DF Admn 2002
Test for need for police protection
The court considered the duties of the police to protect the applicants.
Held: The search for a phrase which encapsulates a threshold of risk which engages article 2 is a search for a chimera. The degree of risk described as ‘real and . .
Cited – A and Others, Regina (on the Application of) v Lord Saville of Newdigate and others CA 28-Jul-1999
Former soldiers who had been involved in the events in Londonderry in 1972, and were to be called to give evidence before a tribunal of inquiry, still had cause to fear from their names being given, and so were entitled to anonymity when giving such . .
Cited – A and Another v Inner South London Coroner QBD 24-Jun-2004
At an inquest into the death of a civilian apparently shot by police officers, the officers applied for anonymity, which the coroner refused. They sought judicial review.
Held: How witnesses participated in coroners inquests was to be decided . .
Cited – Secretary of State for Home Department v Ravichandran CA 6-Jun-1997
Application for leave to appeal granted.
Held: This was a case where the relationship of the Tribunal to the Special Adjudicator can and should be considered. ‘I have indicated some of the difficulties which may arise. There is no doubt that . .
Cited – Bennett v Officers A and B and Commissioner of Police for the Metropolis CA 2-Nov-2004
Police Officers had been involved in a shooting in which a man died. They were granted anonymity before the coroner’s court, on evidence suggesting they might be at risk. The family of the deceased appealed.
Held: The coroner misdirected . .
Cited – Van Colle v Hertfordshire Police QBD 10-Mar-2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of . .
Approved – Regina v Home Secretary, ex parte Sivakumaran HL 16-Dec-1987
The House of Lords were concerned with the correct test to be applied in determining whether asylum seekers are entitled to the status of refugee. That in turn gave rise to an issue, turning upon the proper interpretation of Article 1.A(2) of the . .
Cited – Regina v Makuwa CACD 23-Feb-2006
The defendant appealed her conviction for using a false instrument (a passport) intending someone else to accept it as genuine.
Held: Once she had brought forward sufficient evidence to support a claim to asylum status, it was then for the . .
Cited – Medical Justice, Regina (on The Application of) v Secretary of State for The Home Department Admn 26-Jul-2010
The claimant, a charity assisting immigrants and asylum seekers, challenged a policy document regulating the access to the court of failed applicants facing removal. They said that the new policy, reducing the opportunity to appeal to 72 hours or . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 07 December 2022; Ref: scu.183661

Regina v Chief Constable of Norfolk, ex parte DF: Admn 2002

Test for need for police protection

The court considered the duties of the police to protect the applicants.
Held: The search for a phrase which encapsulates a threshold of risk which engages article 2 is a search for a chimera. The degree of risk described as ‘real and immediate’ in Osman . . as used in that case, was a very high degree of risk calling for positive action from the authorities to protect life. It was ‘a real and immediate risk to the life of an identified individual or individuals from the criminal acts of a third party’ which was, or ought to have been, known to the authorities. Such a degree of risk is well above the threshold that will engage article 2 when the risk is attendant upon some action that an authority is contemplating putting into effect itself. It was not an appropriate one in the present context.

Judges:

Crane J

Citations:

[2002] EWHC 1738 (Admin)

Statutes:

European Convention on Human Rights 2

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore HL 1971
Test for police protection need
The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2.
Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s . .
Cited – Osman 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, . .
Cited – Regina (A and others) (Widgery Soldiers) v Lord Saville of Newdigate and Others CA 19-Dec-2001
The court would apply common sense in deciding whether soldier witnesses should be obliged to attend in person at an enquiry in Londonderry, where they claimed their lives would be at risk. It was not appropriate to seek to define what would be . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 07 December 2022; Ref: scu.183660

Hermann v Seneschal: 1862

In considering immunity given to officers acting in execution of their duty, ‘I think the governing question for the jury was, whether the defendant really believed that the facts existed which would bring the case within the statute . . , and honestly intended to put the law in force; and that, if the jury found that the defendant did so really believe, and did so honestly intend, then the defendant was entitled to a verdict’

Judges:

Erle C.J

Citations:

(1862) 13 C B (N S ) 392 [143 E R 156]

Jurisdiction:

England and Wales

Cited by:

Cited – Crooks v Ebanks PC 30-Mar-1999
PC (Jamaica) Whilst chasing an armed criminal, the police officer tripped, discharging his gun, which hit the claimant. She sought damages. The officer claimed immunity under the Act.
Held: The dropping of . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 07 December 2022; Ref: scu.183136

Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: Admn 31 Jul 2002

Judges:

Ousely J

Citations:

Unreported 31 July 2002

Jurisdiction:

England and Wales

Cited by:

Appeal from – Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department CA 18-Jun-2003
The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection . .
Lists of cited by and citing cases may be incomplete.

Prisons, Police

Updated: 07 December 2022; Ref: scu.183658

Osman v Southwark Crown Court: Admn 1 Jul 1999

The defendant appealed against his conviction for assaulting a police officer. He complained that he had been subjected to an unlawful assault, in that before being searched under the 1994 Act, the officer had not given his details.
Held: The obligation on an officer to provide his name, number and station was mandatory and a pre-condition to a lawful search. The search was unlawful;. And the officer was not acting in the course of his duty.

Citations:

Times 28-Sep-1999, [1999] EWHC Admin 622

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 2(3)(a), Criminal Justice and Public Order Act 1994 60(5)

Jurisdiction:

England and Wales

Crime, Police

Updated: 07 December 2022; Ref: scu.139886

Capper v Chaney and Another: ChD 8 Jul 2010

Police had seized substantial sums of cash from the first defendant acting under the 2004 Act. The claimant said that andpound;250,00 was his and sought its return. The Commissioner argued that the current proceedings were an abuse of process.
Held: Forfeiture proceedings were now under way, and any release must await the result. The question in those proceedings would be whether the cash was derived from unlawful conduct. The issue before this court was ownership. However the claim sought recovery of cash, and the 2002 Act assigned the resolution of disputes about cash alleged to represent the proceeds of crime to the magistrates’ court (and on appeal the Crown Court). The essence of the issues before the magistrates would in fact be the ownership of the cash, and therefore these proceedigs were an attempt to pre-empt the magistrates and were an abuse. The claim was struck out.

Judges:

Lewison J

Citations:

(2010) 174 JP 377, [2010] EWHC 1704 (Ch)

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002 Part 5, Magistrates’ Courts (Detention and Forfeiture of Cash) Rules 2002 1191)

Jurisdiction:

England and Wales

Citing:

Cited – Barraclough v Brown HL 1897
The 1889 Act gave statutory undertakers who had incurred expenditure in removing a sunken vessel a right ‘to recover such expenses from the owner of such vessel in a court of summary jurisdiction.’ the undertakers began their action in the High . .
Applied – Glaxo Group Ltd and Others v Inland Revenue Commissioners ChD 21-Nov-1995
A tax adjustment can be made by the Inland Revenue on an open assessment following transfer pricing enquiry and direction, even after many years. The court considered that the jurisdiction of the special and the general commissioners to determine . .
Cited – Horner v Franklin 1905
. .
Cited – Regina v Derby Magistrates Court Ex Parte B HL 19-Oct-1995
No Breach of Solicitor Client Confidence Allowed
B was charged with the murder of a young girl. He made a confession to the police, but later changed his story, saying his stepfather had killed the girl. He was acquitted. The stepfather was then charged with the murder. At his committal for trial, . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other, Magistrates

Updated: 06 December 2022; Ref: scu.420428

Hunt v AB: CA 22 Oct 2009

The claimant sought damages from a woman in malicious prosecution, saying that she had made a false allegation of rape against him. He had served two years in prison.
Held: The claim failed. A complainant is not a prosecutor, and is not liable for the decision to prosecute. To become liable it has to be shown that the complainant had deliberately manipulated the prosecutors into a position which they would otherwise not have taken. In this case it was the police who had approached the defendant to encourage a complaint.
Moore-Bick LJ said: ‘In Martin v Watson Lord Keith, having approved the statement of principle in Clerk and Lindsell to which I have referred, identified at page 80E of the report the question at issue as being ‘whether or not the defendant is properly to be regarded, in all the circumstances, as having set the law in motion against the plaintiff.’ In my view, it is essential for a correct understanding of later passages in his Lordship’s speech to keep that question well in mind . . I think it is clear from Lord Keith’s speech and from the authorities to which he referred that the concept of ‘setting the law in motion’ requires something more than merely making a complaint or report which suggests that an offence has been committed; it also involves active steps of some kind to ensure that a prosecution ensues (what Richardson J in Commercial Union Assurance Co of New Zealand Ltd v Lamont [1989] 3 NZLR 187 at page 199 described as ‘procuring the use of the power of the state’). Invoking the power of the state against the claimant is central to the tort of malicious prosecution and requires a positive desire and intention to procure a prosecution. In effect, it must be the defendant’s purpose to bring about a prosecution and that purpose must be translated into actions which are effective in bringing about proceedings. . . ‘

Judges:

Sedley LJ, Wall LJ, Moore-Bick LJ

Citations:

[2009] EWCA Civ 1092, Times 27-Oct-2009

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Danby v Beardsley 1880
The court heard a claim of malicious prosecution.
Held: A person who is not a party to a prosecution but actively puts the criminal process in motion may be liable for malicious prosecution.
Where an individual falsely and maliciously . .
Cited – Martin v Watson CA 26-Jan-1994
The claimant sought damages for malicious prosecution, saying that the defendant had made a complaint to the police knowing it to be false that the claimant had indecently exposed himself. Acting on the complaint the police had arrested and charged . .
Cited – Mahon, Kent v Dr Rahn, Biedermann, Haab-Biedermann, Rahn, and Bodmer (a Partnership) (No 2) CA 8-Jun-2000
The defendant’s lawyers wrote to a financial services regulatory body investigating the possible fraudulent conduct of the plaintiff’s stockbroking firm. The letter was passed to the Serious Fraud Office who later brought criminal proceedings . .
Cited – Martin v Watson HL 13-Jul-1995
The plaintiff had been falsely reported to the police by the defendant, a neighbour, for indecent exposure whilst standing on a ladder in his garden. He had been arrested and charged, but at a hearing before the Magistrates’ Court, the Crown . .

Cited by:

Cited – Commissioner of Police of The Metropolis v Copeland CA 22-Jul-2014
The defendant appealed against the award of damages for assault, false imprisonment and malicious prosection, saying that the question posed for the jury were misdirections, and that the jury’s decision was perverse. The claimant was attending the . .
Cited – CXZ v ZXC QBD 26-Jun-2020
Malicious Prosecution needs court involvement
W had made false allegations against her husband of child sex abuse to police. He sued in malicious prosecution. She applied to strike out, and he replied saying that as a developing area of law a strike out was inappropriate.
Held: The claim . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police

Updated: 06 December 2022; Ref: scu.377234

Saunders, Regina (On the Application of) v Independent Police Complaints Commission and Others: CA 14 Jan 2009

Interlocutory application which raises the question whether the court should permit an appeal to proceed in circumstances in which the appellant and the respondents had reached a settlement on all issues save as to the costs of the appeal so far.

Judges:

Sir Anthony Clarke, MR

Citations:

[2009] EWCA Civ 187

Links:

Bailii

Jurisdiction:

England and Wales

Police, Human Rights

Updated: 06 December 2022; Ref: scu.326976

Hooper v Lane: 1847

A man taken prisoner is entitled to know why. Lord Cranworth said: ‘The sheriff is bound, when he executes the writ, to make known the ground of the arrest, in order, among other reasons, that the person arrested may know whether he is or is not bound to submit to the arrest.’

Judges:

Lord Cranworth

Citations:

[1847] 6 HLC 443, [1847] 10 QB 546

Jurisdiction:

England and Wales

Cited by:

Cited – Christie 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 . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 06 December 2022; Ref: scu.259578

Sharrock v Hannemer: 1595

A constable without a warrant may not arrest somebody for an affray which he did not himself witness, unless a felony is likely to follow.

Citations:

(1595) Cro Eliz 375, (1595) 78 ER 622

Jurisdiction:

England and Wales

Police, Torts – Other

Updated: 06 December 2022; Ref: scu.259606

Dawson v Vasandau: 1863

It is not necessary for a charging officer to believe that the prosecution will result in a conviction before charging a prisoner.

Citations:

[1863] 11 WR 516

Jurisdiction:

England and Wales

Cited by:

Cited – Glinski v McIver HL 1962
The court considered the tort of malicious prosecution when committed by a police officer, saying ‘But these cases must be carefully watched so as to see that there really is some evidence from his conduct that he knew it was a groundless charge.’ . .
Cited – Osman 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, . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 06 December 2022; Ref: scu.183664

Chief Constable West Midlands Police, Regina (on The Application of) v Panel Chair, Police Misconduct Panel and Another: Admn 4 Jun 2020

Application for judicial review brought by the Chief Constable of West Midlands Police, the Claimant, against the Decision on Outcome reached by the Police Misconduct Panel following a gross misconduct hearing concerning the interested party, Officer A.

Citations:

[2020] EWHC 1400 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Police

Updated: 05 December 2022; Ref: scu.651202

Petukhova v Russia: ECHR 2 May 2013

Citations:

28796/07 – Chamber Judgment, [2013] ECHR 400

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

Legal Summary – Petukhova v Russia (Legal Summary) ECHR 2-May-2013
ECHR Article 5-1-b
Lawful order of a court
Detention in police station of person required by unlawfully issued court order to undergo psychiatric examination: violation
Facts – In January 2006 the . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 05 December 2022; Ref: scu.491938

Khan, Regina (on the Application of) v Chief Constable of Lancashire: Admn 30 Jan 2009

Judges:

Elias J

Citations:

[2009] EWHC 472 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – K, Regina (on The Application of) v Chief Constable of Lancashire Police CA 24-Jun-2009
K renewed his application for leave to appeal against refusal of judicial review of the decision of his chief constable to dispense with his services. . .
Cited – Kay, Regina (on The Application of) v Chief Constable of Northumbria Police Admn 18-Jan-2010
Having succeeded in her claim as to the lawfulness of the decision of the defendant to end her appointment as a probationary constable, the claimant now sought an order mandating her continued employment by the defendant. She had been acquitted of . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 05 December 2022; Ref: scu.324650

Independent Police Complaints Commission, Regina (on the Application of) v the Chief Constable of West Mercia and Another: Admn 4 May 2007

The IPCC had directed the defendant to hold disciplinary proceedings against a constable, but the defendant having begun proceedings immediately stayed them.

Judges:

Keith J

Citations:

[2007] EWHC 1035 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Police

Updated: 05 December 2022; Ref: scu.252405

Cole v Hindson: 1795

A policeman could not justify taking a person by the name mentioned in the warrant, his real name being different. The plea averred that Aquila Cole and Richard Cole were the same person.

Citations:

(1795) 6 TR 234

Jurisdiction:

England and Wales

Cited by:

Cited – Hoye v Bush 1841
A constable applied for a warrant for the arrest of Richard Hoye, but the justice mistakenly issued a warrant for the arrest of John Hoye, which was the name of Richard Hoye’s father. The constable arrested Richard Hoye, who sued for false . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police

Updated: 05 December 2022; Ref: scu.229686

Evans and Another v The Chief Constable of The South Wales Police: QBD 16 Nov 2017

‘Do the provisions of paragraphs 7(1) and 7(2) of Schedule 3 to the Police (Injury Benefit) Regulations 2006 entitle a Chief Constable to deduct the full sums of Incapacity Benefit (IB) and Industrial Injuries Disablement Benefit (IIDB) from the injury pension paid to a former police officer in weeks in a year after the year in which the former police officer retired where the amounts of IB and IIDB have been increased by an Annual Uprating Order made under section 150 of the Social Security Administration Act 1992 and accordingly the levels of IB and IIDB payable to the former officer have increased.’

Judges:

Haddon-Cave J

Citations:

[2017] EWHC 2835 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Police

Updated: 04 December 2022; Ref: scu.651251

Haralambous v St Albans Crown Court and Another: Admn 22 Apr 2016

This judicial review raised for express decision whether a person whose premises have been searched and whose property seized under a search warrant must have enough information grounding the warrant to judge its lawfulness and the retention of the material seized under it. In this case the information before the justice of the peace granting the warrant was later redacted to such an extent that what is available to the claimant is not a sufficient legal basis for it or the retention of property seized. Courts below have authorised the redactions on public interest grounds, but the claimant contends that this constitutes a closed material procedure which is without statutory foundation.
Held: Review refused.

Judges:

Burnett LJ, Cranston J

Citations:

[2016] EWHC 916 (Admin), [2016] WLR(D) 209, [2016] Lloyd’s Rep FC 412, [2016] Crim LR 664, [2016] 2 Cr App R 17, (2016) 180 JP 428, [2016] 1 WLR 3073, 180 JP 428

Links:

Bailii, WLRD

Statutes:

Police and Criminal Evidence Act 1984 8

Jurisdiction:

England and Wales

Citing:

Cited – Carnduff v Inspector Rock and Chief Constable West Midlands Police CA 11-May-2001
The claimant was a police informer. Over several years he had given and been paid for information. He claimed that on one occasion he had given information which had led to the arrest of a major criminal, but the police denied that any information . .
Cited – Al Rawi and Others v The Security Service and Others SC 13-Jul-2011
The claimant pursued a civil claim for damages, alleging complicity of the respondent in his torture whilst in the custody of foreign powers. The respondent sought that certain materials be available to the court alone and not to the claimant or the . .
Cited – Cronin, Regina (on The Application of) v Chief Constable of South Yorkshire Police and Another Admn 20-Nov-2002
The applicant had had his premises searched. He sought to challenge the basis on which search warrant had been granted. He argued that under the Convention, it was necessary for the magistrates to provide a written record of the reasons for granting . .
Cited – Energy 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. . .
Cited – Gittins v Central Criminal Court Admn 14-Jan-2011
The claimant sought judicial review of decisions to issues search warrants to HMRC in respect of his premises. HMRC wanted to look for evidence of tax avoidance schemes which it thought might be unlawful. Until the morning of the hearing, HMRC . .
Cited – Commissioner of Police for The Metropolis v Bangs Admn 3-Mar-2014
Where the police were objecting to the disclosure to a person affected of information relied upon before a magistrate to obtain a search and seizure warrant, the magistrates’ court was not functus officio, and any challenge to the withholding was an . .
Cited – AHK and Others v Secretary of State for The Home Department Admn 7-Jun-2013
. .
Cited – British Sky Broadcasting Ltd, Regina (on The Application of) v The Commissioner of Police of The Metropolis SC 12-Mar-2014
The court was asked as to the powers of Magistrates hearing an application for a search warrant to receive excluded or special procedure material which had not been disclosed to the respondent. The court had overturned an order made by the district . .
Cited – Golfrate Property Management Ltd and Another, Regina (on The Application of) v The Crown Court At Southwark and Another Admn 25-Mar-2014
The claimants sought to have set aside search and seizure warrants obtained to further enquiries into suspected breaches of EU sanctions against ZANU-PF of Zimbabwe. They alleged non-disclosure and misrepresentation.
Held: A decision to claim . .

Cited by:

Appeal from – Haralambous, Regina (on The Application of) v Crown Court at St Albans and Another SC 24-Jan-2018
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Police, Magistrates

Updated: 04 December 2022; Ref: scu.562904

Golfrate Property Management Ltd and Another, Regina (on The Application of) v The Crown Court At Southwark and Another: Admn 25 Mar 2014

The claimants sought to have set aside search and seizure warrants obtained to further enquiries into suspected breaches of EU sanctions against ZANU-PF of Zimbabwe. They alleged non-disclosure and misrepresentation.
Held: A decision to claim on public interest grounds to withhold information placed before a magistrate to obtain a warrant should be taken by a Chief Constable and was required to be sanctioned by the court.

Judges:

Sir John Thomas P, Foskett J

Citations:

[2014] EWHC 840 (Admin)

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002 35(1)

Jurisdiction:

England and Wales

Cited by:

Disapproved – Mills and Another, Regina (on The Application of) v Sussex Police and Another Admn 25-Jul-2014
The claimants faced criminal charges involving allegations of fraud and corruption. They now challenged by judicial review a search and seizure warrant saying that it was unlawful. A restraint order had been made against them and they had complied . .
Cited – Haralambous v St Albans Crown Court and Another Admn 22-Apr-2016
This judicial review raised for express decision whether a person whose premises have been searched and whose property seized under a search warrant must have enough information grounding the warrant to judge its lawfulness and the retention of the . .
Cited – Haralambous, Regina (on The Application of) v Crown Court at St Albans and Another SC 24-Jan-2018
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
Lists of cited by and citing cases may be incomplete.

Police, Magistrates

Updated: 04 December 2022; Ref: scu.523156

Commissioner of Police for The Metropolis v Bangs: Admn 3 Mar 2014

Where the police were objecting to the disclosure to a person affected of information relied upon before a magistrate to obtain a search and seizure warrant, the magistrates’ court was not functus officio, and any challenge to the withholding was an issue for the magistrates’ court. The court acknowledged that the public interest might demand that some or all of the material relied on to obtain the warrant not be disclosed

Citations:

[2014] EWHC 546 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Haralambous v St Albans Crown Court and Another Admn 22-Apr-2016
This judicial review raised for express decision whether a person whose premises have been searched and whose property seized under a search warrant must have enough information grounding the warrant to judge its lawfulness and the retention of the . .
Cited – Haralambous, Regina (on The Application of) v Crown Court at St Albans and Another SC 24-Jan-2018
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Police

Updated: 04 December 2022; Ref: scu.521947

British Sky Broadcasting Ltd, Regina (on The Application of) v The Central Criminal Court and Another: Admn 21 Dec 2011

The claimant challenged a production order made by the magistrates in respect of journalists’ material. They complained that the application had used secret evidence not disclosed to it, and that the judge had not given adequate reasons to support the decision. The poice were investigating an offence under the 1989 Act.
Held: It was common ground that neither the Civil nor the Criminal Procedure Rules contain any provisions governing an application under section 9 and schedule 1 of PACE. Paragraph 7 of schedule 1 requires the hearing to be conducted inter partes, but apart from that the only procedural requirement is that they be conducted in accordance with common law principles of fairness and the requirements of Article 6 of the ECHR.
The procedure adopted in this case was unlawful: ‘there was a failure to observe a fundamental principle of law bearing directly on the fairness of the proceedings, a matter which the court should be very slow to condone. Moreover, however carefully the judge considered the secret evidence, that can be no substitute for allowing B Sky B to challenge it, for the reasons given by Lord Kerr in Al Rawi.’

Judges:

Moore-Bick LJ, Bean J

Citations:

[2011] EWHC 3451 (Admin), [2012] 3 WLR 78, 2012 GWD 21-432, 2012 SCL 635, 2012 SCCR 562, [2012] 4 All ER 600, [2012] QB 785, [2012] HRLR 24

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 9, Official Secrets Act 1989 1

Jurisdiction:

England and Wales

Citing:

Cited – Malik v Manchester Crown Court and others; Re A Admn 19-Jun-2008
The claimant was a journalist writing about terrorism. He had interviewed a man with past connections with Al-Qaeda, and he now objected to a production order for documents obtained by him in connecion with his writings. The court had acted on . .
Cited – Regina v Davis HL 18-Jun-2008
The defendant had been tried for the murder of two men by shooting them at a party. He was identified as the murderer by three witnesses who had been permitted to give evidence anonymously, from behind screens, because they had refused, out of fear, . .
Cited – Al Rawi and Others v The Security Service and Others CA 4-May-2010
Each claimant had been captured and mistreated by the US government, and claimed the involvement in and responsibility for that mistreatment by the respondents. The court was asked whether a court in England and Wales, in the absence of statutory . .
Cited – Al Rawi and Others v The Security Service and Others SC 13-Jul-2011
The claimant pursued a civil claim for damages, alleging complicity of the respondent in his torture whilst in the custody of foreign powers. The respondent sought that certain materials be available to the court alone and not to the claimant or the . .
Cited – Regina v Central Criminal Court Ex Parte Bright; Regina v Same, Ex Parte Rusbridger QBD 21-Jul-2000
An order was made for a journalist to disclose to the police material disclosed to him in connection with a prosecution under the Official Secrets Act. The journalist appealed the order, on the basis that it was in effect an order that he . .

Cited by:

Appeal from – British Sky Broadcasting Ltd, Regina (on The Application of) v The Commissioner of Police of The Metropolis SC 12-Mar-2014
The court was asked as to the powers of Magistrates hearing an application for a search warrant to receive excluded or special procedure material which had not been disclosed to the respondent. The court had overturned an order made by the district . .
Lists of cited by and citing cases may be incomplete.

Police, Media, Magistrates, Human Rights, Natural Justice

Updated: 04 December 2022; Ref: scu.459730

Cronin, Regina (on The Application of) v Chief Constable of South Yorkshire Police and Another: Admn 20 Nov 2002

The applicant had had his premises searched. He sought to challenge the basis on which search warrant had been granted. He argued that under the Convention, it was necessary for the magistrates to provide a written record of the reasons for granting the warrant.
Held: Where the information laid was itself sufficient to account for the warrant a magistrate could be assumed to have acted upon it, and no further reasons were required to be noted. Warrants were often issued under conditions where such a requirement would be unreasonable. Here the magistrate would only have repeated the contents of the information. Where a magistrate elicited further information from the officer which affected the decision, it was necessary for that to be recorded.
Lord Woolf CJ said: ‘Information may contain details of an informer which it would be contrary to the public interest to reveal. The information may also contain other statements to which public interest immunity might apply. But, subject to that, if a person who is in the position of this claimant asks perfectly sensibly for a copy of the information, then speaking for myself I can see no objection to a copy of that information being provided. The citizen, in my judgment, should be entitled to be able to assess whether an information contains the material which justifies the issue of a warrant. This information contained the necessary evidence to justify issuing the warrant.’

Judges:

Lord Woolf of Barnes LCJ, Hallett, Stanley Burnton JJ

Citations:

Times 28-Nov-2002, Gazette 30-Jan-2003, [2002] EWHC 2568 (Admin), [2003] 1 WLR 752

Links:

Bailii

Statutes:

Misuse of Drugs Act 1971 23(3), European Convention on Human Rights Art 6 Art 8, Police and Criminal Evidence Act 1984 8 15 16

Jurisdiction:

England and Wales

Cited by:

Cited – AB and Another, Regina (on The Application of) v Huddersfield Magistrates’ Court and Another Admn 10-Apr-2014
The claimants challenged the lawfuness of search warrants issued by the respondent court. They were solicitors, and were related to a person suspected of murder who was thought to have fled the country. The officers were looking for evidence that . .
Cited – Haralambous, Regina (on The Application of) v Crown Court at St Albans and Another SC 24-Jan-2018
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
Cited – Haralambous v St Albans Crown Court and Another Admn 22-Apr-2016
This judicial review raised for express decision whether a person whose premises have been searched and whose property seized under a search warrant must have enough information grounding the warrant to judge its lawfulness and the retention of the . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Police, Human Rights, Magistrates

Updated: 04 December 2022; Ref: scu.402518

Wathen v Sandys: 1811

The sheriff was not entitled to charge candidates at an election for the provision of constables at the polling booth because he was under a duty to procure the peace of the county.

Citations:

(1811) 2 Camp 640

Jurisdiction:

England and Wales

Cited by:

Cited – Harris v Sheffield United Football Club Ltd CA 1987
The court was asked whether services provided by the police at Sheffield United Football Club for the club’s home fixtures were ‘special police services’ so that, if they were provided at the club’s request, the police could charge for them. Up . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 04 December 2022; Ref: scu.262972

Samuel v Payne: 1780

A ploce constable can justify an arrest made on a charge preferred by another person, although no felony had in fact been committed.

Citations:

[1780] 1 Doug. 359

Jurisdiction:

England and Wales

Cited by:

Cited – Christie 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 . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 04 December 2022; Ref: scu.259580

A, Regina (on the application of) v South Yorkshire Police and Another: Admn 9 May 2007

Six youths challenged decisions that they should be prosecuted for offences of criminal damage rather than be given warnings in accordance with the Final Warning Scheme. They said that they had not sought representation at the police station after being told that they would receive only warnings. This was denied by the police. That denial was accepted by the court.
Held: The decision was within the range of proper decisions and was sustainable. May LJ: ‘these are judicial review proceedings and the court is concerned not to decide whether the decisions to charge and prosecute rather than give a final warning are decisions which we would ourselves have taken, but whether, on public law considerations, these were decisions which were beyond the lawful competence of those making them, or decisions reached by a flawed process such that they ought not to stand. ‘

Judges:

May LJ, Gray J

Citations:

[2007] EWHC 1261 (Admin)

Links:

Bailii

Statutes:

Crime and Disorder Act 1998 65

Jurisdiction:

England and Wales

Citing:

Cited – F, Regina (on the Application of) v Crown Prosecution Service and Another Admn 12-Dec-2003
Jackson J said: ‘Save in exceptional circumstances, it is quite inappropriate for this court to step into the shoes of the crown prosecutor and to retake decisions which Parliament has entrusted to the crown prosecutor under the Prosecution of . .
Cited – Mondelly, Regina (on the Application of) v the Commissioner of the Police for the Metropolis Admn 29-Sep-2006
The defendant sought judicial review of his caution for possession of cannabis, saying that it went again the national guidance against such decisions after the reclassification of cannabis as a Class C banned substance. He had been arrested for a . .
Cited – Regina v Chief Constable of Kent ex parte L 1991
The discretion which is vested in the Crown Prosecution Service to continue criminal proceedings commenced by the police is subject to judicial review by the High Court, but only where it can be shown that the decision was made regardless of, or . .
Cited – Regina v Director of Public Prosecutions ex parte C Admn 6-Oct-2000
The court upheld a decision to prosecute a 15-year-old applicant for road traffic offences rather than to divert him from prosecution and caution. Penry-Davey J said: ‘It is clear from the case of R v Chief Constable of Kent ex parte L [1991] 93 Cr . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Police

Updated: 01 December 2022; Ref: scu.253295

Cullen v Chief Constable of the Royal Ulster Constabulary: 1999

The claimant had been arrested and complained at his treatment.
Held: The failure to give reasons as to why his access to a solicitor was a breach of statutory duty, but there was no private law claim for damages.

Judges:

Carswell LCJ, Nicholson and Campbell LJJ

Citations:

[1999] NI 237

Jurisdiction:

England and Wales

Cited by:

Appeal from – Cullen v Chief Constable of the Royal Ulster Constabulary (Northern Ireland) HL 10-Jul-2003
The claimant had been arrested. He had been refused access to a solicitor whilst detaiined, but, in breach of statutory duty, he had not been given reasons as to why access was denied. He sought damages for that failure.
Held: If damages were . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other, Northern Ireland

Updated: 01 December 2022; Ref: scu.184495

Theobald v Crichmore: 1818

The object (sc. of the protective statute) ‘was clearly to protect persons acting illegally, but in supposed pursuance, and with a bona fide intention of discharging their duty under the Act of Parliament’

Judges:

Lord Ellenborough C.J

Citations:

(1818) 1 B and Ald 227 [106 E R 83],

Jurisdiction:

England and Wales

Cited by:

Cited – Crooks v Ebanks PC 30-Mar-1999
PC (Jamaica) Whilst chasing an armed criminal, the police officer tripped, discharging his gun, which hit the claimant. She sought damages. The officer claimed immunity under the Act.
Held: The dropping of . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 01 December 2022; Ref: scu.183137

Leander 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 complained that he should have been provided with the information in question, and should have been given the chance to refute it. He submitted that Article 10 conferred a right of access to Government records and a positive obligation upon the State to disclose the contents of its file to him upon request.
Held: His submission failed. Article 10 did not ‘in circumstances such as those of the present case, confer on an individual a right of access to a register containing information on his personal position’. Proceedings before an Appeals Board and the possibility of interim injunction proceedings taken together provided the applicants with an effective remedy. Both the storage of private information in a secret police register and its release, coupled with a refusal to allow an opportunity to refute it, were an interference with the right to respect for private life.
‘The Court observes that the right to freedom to receive information basically prohibits a Government from restricting a person from receiving information that others wish or may be willing to impart to him. Article 10 does not, in circumstances such as those of the present case, confer on the individual a right of access to a register containing information on his personal position, nor does it embody an obligation on the Government to impart such information to the individual.
There has thus been no interference with Mr. Leander’s freedom to receive information, as protected by Article 10.’

Citations:

[1987] 9 EHRR 433, 9248/81, [1987] ECHR 4

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 13

Jurisdiction:

Human Rights

Cited by:

Cited – Regina (Howard and Another) v Secretary of State for Health QBD 15-Mar-2002
The applicants sought orders that enquiries into the activities of doctors under the Act should be held in public.
Held: The Act contained no presumption that enquiries should be in public, and the Wagstaff case created no general principle to . .
Cited – Lorse and Others v The Netherlands ECHR 4-Feb-2003
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 with regard to the first applicant ; No violation of Art. 3 with regard to the other applicants ; No violation of Art. 8 ; No violation of Art. 13 . .
Cited – S, 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 – A 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 . .
Cited – Brown v HM Queen Elizabeth, the Queen Mother, the Executors of the Estate of and others FD 5-Jul-2007
The plaintiff sought the unsealing of the wills of the late Queen Mother and of the late Princess Margaret, claiming that these would assist him establishing that he was the illegitimate son of the latter.
Held: The application was frivolous. . .
Cited – Marper 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: . .
Cited – In re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others SC 27-Jan-2010
Proceedings had been brought to challenge the validity of Orders in Council which had frozen the assets of the claimants in those proceedings. Ancillary orders were made and confirmed requiring them not to be identified. As the cases came to the . .
Cited – A v Independent News and Media Ltd and Others CA 31-Mar-2010
The newspapers sought leave to report proceedings before the Court of Protection in connection with a patient unable to manage his own affairs. The patient retained a possible capacity to work as a professional musician. The family wanted the . .
Cited – Esbester 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 . .
Cited – Home 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 . .
Cited – Kennedy v United Kingdom ECHR 18-May-2010
The claimant complained that after alleging unlawful interception of his communications, the hearing before the Investigatory Powers Tribunal was not attended by appropriate safeguards. He had been a campaigner against police abuse. His requests to . .
Applied – Gaskin v The United Kingdom ECHR 7-Jul-1989
The applicant complained of ill-treatment while he was in the care of a local authority and living with foster parents. He sought access to his case records held by the local authority but his request was denied.
Held: The refusal to allow him . .
Applied – Guerra and Others v Italy ECHR 19-Feb-1998
(Grand Chamber) The applicants lived about 1km from a chemical factory which produced fertilizers and other chemicals and was classified as ‘high risk’ in criteria set out by Presidential Decree.
Held: Failure by a government to release to an . .
Cited – Kennedy v Charity Commission CA 20-Mar-2012
The claimant sought disclosure of an investigation conducted by the respondent. The respondent replied that the material was exempt within section 32(2). The court had found that that exemption continued permanently even after the inquiry was . .
Cited – Atkinson and Crook and The Independent v United Kingdom ECHR 3-Dec-1990
(European Commission of Human Rights) The Commission answered a question as to admissibility, namely whether the sentencing of a convicted criminal defendant in private infringed article 10. The complainants were two freelance journalists.
Cited – Tarsasag A Szabadsagjogokert v Hungary ECHR 14-Apr-2009
The court upheld a complaint by the Hungarian Civil Liberties Union that, contrary to article 10, it had been refused access to details of a complaint in connection with drugs policy on the basis that details of the complaint could not be released, . .
Cited – Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court CA 3-Apr-2012
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court.
Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil . .
Cited – Gillberg v Sweden ECHR 3-Apr-2012
(Grand Chamber) The applicant, a consultant psychiatrist, had conducted research with children under undertakings of absolute privacy. Several years later a researcher, for proper reasons, obtained court orders for the disclosure of the data under . .
Cited – Kennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
Cited – Roche v The United Kingdom ECHR 19-Oct-2005
(Grand Chamber) The claimant had been exposed to harmful chemicals whilst in the Army at Porton Down in 1953. He had wished to claim a service pension on the basis of the ensuing personal injury, but had been frustrated by many years of the . .
Cited – Rotaru 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 – 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 . .
Cited – AB 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 . .
Cited – Haralambous, Regina (on The Application of) v Crown Court at St Albans and Another SC 24-Jan-2018
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police, Information

Updated: 01 December 2022; Ref: scu.164976

Burke v Chief Constable of Merseyside Police: CA 12 Jan 1999

The claimant had lost actions for false imprisonment, malicious prosecution and assault. He sought leave to appeal out of time.
Held: The reasons for requesting an adjournment were quite inadequate, and in the light of Kitching, the case was hopeless. Leave refused.

Judges:

Lord Justice Simon Brown Mr Justice Wilson

Citations:

[1999] EWCA Civ 548

Jurisdiction:

England and Wales

Citing:

Cited – Director of Public Prosecutions v Kitching 1989
The statutory power of arrest in section 91 of the CJA 1967 for the offence of drunk and disorderly in a public place was not repealed by section 26(1), despite the absence of any reference thereto in Schedule 2 to PACE. . .
Lists of cited by and citing cases may be incomplete.

Police, Litigation Practice

Updated: 30 November 2022; Ref: scu.145463

Roberts v Chief Constable of Cheshire Constabulary: CA 26 Jan 1999

The claimant had been detained at 11.25pm. His detention was not reviewed by an inspector until 7.45am the next morning, although it had been considered in the interim at 1.45am by an officer of junior rank. The plaintiff sued for unlawful imprisonment for the period of 2 hours and 20 minutes from 5.25am (when the first review should have taken place in accordance with sections 40(1)(b) and 40(3)(a)) until 7.45am. The plaintiff succeeded at trial,and was awarded andpound;500 in damages.
Held: The Chief Constable’s appeal was dismissed. The duty to review a suspect’s detention within six hours is absolute and a failure to review with a continued detention constitutes wrongful imprisonment until the defect is remedied. Damages may be limited where the suspect was asleep and would not in any event have been released.
Clarke LJ said: ‘In these circumstances the judge held that the plaintiff was being unlawfully detained as from 5.25am. I agree. Section 34(1) of the Act is mandatory. As already stated, it provides that a person shall not be kept in police detention except in accordance with the relevant provisions of the Act. The plaintiff was detained at 11.25pm on 30 July, so that by section 40(3)(a) a review of his detention should have taken place before 5.25am on 31 July. No such review took place. It follows, as I see it, that from that time the plaintiff was not being detained in accordance with the relevant provisions of the Act. It further follows from section 34(1) that his detention was thereafter unlawful until some event occurred to make it lawful.’

Judges:

Clarke LJ

Citations:

Times 27-Jan-1999, Gazette 17-Feb-1999, [1999] EWCA Civ 655, [1999] 1 WLR 662, [1999] 2 Cr App R 243

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 34

Jurisdiction:

England and Wales

Cited by:

Cited – SK, Regina (on the Application of) v Secretary of State for the Home Department Admn 25-Jan-2008
The claimant was a Zimbabwean National who was to be removed from the country. He was unlawfully held in detention pending removal. He sought damages for false imprisonment. He had been held over a long period pending decisions in the courts on the . .
Cited – SK (Zimbabwe) v Secretary of State for the Home Department CA 6-Nov-2008
Immigration detention proper after prison release
The Home Secretary appealed against a finding that he had unlawfully detained the applicant. The applicant had been detained on release from prison pending his return to Zimbabwe as recommended by the sentencing judge under section 6 of the 1971 . .
Cited – MC (Algeria), Regina (on The Application of) v Secretary of State for The Home Department CA 31-Mar-2010
The claimant challenged his detention under the 1971 Act, now appealing against refusal of judicial review. His asylum claims had been rejected, and he had been convicted of various offences, including failures to answer bail. He had failed to . .
Cited – Craik, Chief Constable of Northumbria Police, Regina (on The Application of) v Newcastle Upon Tyne Magistrates’ Court Admn 30-Apr-2010
The claimant a retired Chief Constable sought judicial review of a decision to commit him for trial on a charge of unlawful imprisonment. The suspect and now prosecutor had been arrested and held in custody, but without the necessary timely review . .
Criticised – Lumba (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 . .
Cited – Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department SC 25-May-2011
False Imprisonment Damages / Immigration Detention
The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police

Updated: 30 November 2022; Ref: scu.88808

Trobridge v Hardy: 1995

(High Court of Australia) Police (W.A.) – Action against police constable – Acts done in carrying the provisions of the Police Act 1892-1953 into effect – Person ‘suspected of offending against’ Act – Statutory protection without. ‘direct proof of malice’ – Police Act 1892- 1953 (W.A.), ss. 50, 138 – Interpretation Act 1918-1948 (W.A.), s. 47, par, H, Second Schedule.

Judges:

Fullagar(1), Kitto(2) and Taylor(3) JJ.

Citations:

(1955) 94 CLR 147, [1955] HCA 68, [1956] ALR 15

Links:

Austlii

Jurisdiction:

Australia

Cited by:

Cited – Crooks v Ebanks PC 30-Mar-1999
PC (Jamaica) Whilst chasing an armed criminal, the police officer tripped, discharging his gun, which hit the claimant. She sought damages. The officer claimed immunity under the Act.
Held: The dropping of . .
Lists of cited by and citing cases may be incomplete.

Police, Personal Injury

Updated: 27 November 2022; Ref: scu.183135

Smith v Chief Constable of Sussex Police: CA 5 Feb 2008

Allegation f failure by the police to protect the claimant from a violent partner

Judges:

Pill, Sedley, Rimer LJJ

Citations:

[2008] EWCA Civ 39

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police HL 30-Jul-2008
Police Obligations to Witnesses is Limited
A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2.
Held: The House was asked ‘If the police are alerted . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 26 November 2022; Ref: scu.264104

Cumberbatch v Crown Prosecution Service: Admn 24 Nov 2009

In each case the defendants said that police officers arresting them had not been acting in the course of their duty, and that their resistance had been lawful.

Judges:

Laws LJ, Lloyd Jones J

Citations:

[2009] EWHC 3353 (Admin), (2010) 174 JP 149

Links:

Bailii

Statutes:

Police Act 1996 89(2), Police and Criminal Evidence Act 1984 24(2)

Jurisdiction:

England and Wales

Citing:

Cited – Christie 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 . .
Lists of cited by and citing cases may be incomplete.

Police, Crime

Updated: 26 November 2022; Ref: scu.392653

Jackson v Chief Constable of West Midlands Police: QBD 22 Oct 1993

Mr Jackson was convicted of a drugs offence. On arrest, the police had seized money in his possession. No order as to the money was made at the trial. Mr Jackson applied under the Act. The magistrate accepted that Mr Jackson was the owner of the money, but, because he (the magistrate) considered that it was the proceeds of the sale of controlled drugs, he declined to direct that the money be returned. In the Case Stated he said that for the money to be returned to Mr Jackson would have been ‘repugnant and contrary to public policy’.
Held: Laws J dismissed Mr Jackson’s appeal. He referred to White -v- West Midlands Police. Having recorded that counsel for Mr Jackson had accepted ‘that if an applicant issues process in the Common Law Court on facts such as those of the present case, the defendant would be entitled to raise a public policy defence and the court would be entitled to give effect to it’.

Judges:

Laws J

Citations:

Unreported, 22 October 1993

Statutes:

Police (Property) Act 1897 1

Jurisdiction:

England and Wales

Citing:

Cited – Chief Constable of West Midlands Police v White CA 13-Mar-1992
After conviction for licensing offences, the police seized a sum of money from the respondent which they alleged was the proceeds of unlicensed sales. The magistrates made no order on conviction, so the police brought the issue under the Act. The . .

Cited by:

Cited – Gough and Another v The Chief Constable of the West Midlands Police CA 2-Mar-2004
The claimants sought return of vehicle parts from the police. The police replied that the goods had been tampered with in such a way as to suggest they may have been stolen, and that they were therefore kept, even after the finish of the court . .
Cited – Merseyside Police v Owens Admn 31-May-2012
The police had refused to returns items seized from Mr Owens on the basis that to do so would indirectly encourage and assist him in suspected criminal activity. CCTV footage had been removed from him to attempt identify an arsonist of a house.The . .
Lists of cited by and citing cases may be incomplete.

Police, Magistrates

Updated: 25 November 2022; Ref: scu.194112

Regina v Metropolitan Police Commissioner, Ex parte Parker: 1953

Citations:

[1953] 1 WLR 1150

Jurisdiction:

England and Wales

Cited by:

Cited – Al-Hasan, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
Prisoners were disciplined after refusing to be squat searched, saying that the procedure was humiliating and that there were no reasonable grounds to suspect them of any offence against prison discipline. The officer who had been involved in . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 24 November 2022; Ref: scu.222927

Regina v Harper: CANI 1990

The appellant had been convicted of a number of serious offences, largely as a result of admissions made by him during interviews by the police. Among the grounds of appeal was a claim that extension of the appellant’s detention had wrongly been authorised by a Parliamentary under-secretary of state where the statutory provision, section 12(4) of the 1984 Act provided that a person arrested under section 12(1) should not be detained for more than 48 hours but that the Secretary of State may, in a particular case, extend that period. The document extending the period in the appellant’s case had not been signed by the Secretary of State.
Held: The argument was rejected on the basis that there was no reason to conclude that this was a power that could not be devolved to a junior minister.

Citations:

Unreported 1990

Statutes:

Prevention of Terrorism (Temporary Provisions) Act 1984 12(4)

Jurisdiction:

Northern Ireland

Citing:

Applied – Re Golden Chemicals Limited 1976
In issue was a provision in the 1967 Act which stated that, if it appeared to the Secretary of State that it was expedient in the public interest that a corporate body should be wound up, he could present a petition for its winding-up. That power . .

Cited by:

Cited – Adams, Regina v (Northern Ireland) SC 13-May-2020
Secretary of State alone to consider confinement
The appellant had been detained under an Interim Custody Order (ICO) during internment during the troubles in Ireland, and then convicted of attempting to escape and escaping. He now appealed from that conviction saying that the order under which he . .
Lists of cited by and citing cases may be incomplete.

Police, Administrative

Updated: 24 November 2022; Ref: scu.650813

JR38, 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 appellant’s photographs and those of others who had been involved in public disorder in Londonderry was part of a police campaign known as ‘Operation Exposure’ which was designed to counteract sectarian rioting at what are called ‘interface areas’ in parts of Derry. Interface areas are situated at the boundaries of parts of the city which are predominantly inhabited by one or other of the two main communities.
The appellant argues that publication of photographs of him constituted a violation of his article 8 rights. ‘
Held: The appeal failed. The publication of his photograph was not an infringement of the applicant’s human rights.
There was, per Lords Kerr and Wilson, in interference in his rights, but that interference was proportionate and justified.
Lords Toulson, Clarke, and Hodge did not think that there had been an interference with the appellant’s human rights, because in the circumstances there had been no expectation of privacy.
Lord Toulson JSC said: ‘ In Campbell’s case Lord Nicholls of Birkenhead said at para 21 that ‘Essentially the touchstone of private life is whether in respect of the disclosed facts the person in question had a reasonable expectation of privacy’. He also warned that courts need to be on guard against using as a touchstone a test which brings into account considerations which should more properly be considered at the later stage of proportionality. Applying Campbell’s case, Sir Anthony Clarke MR said in Murray’s case at para 35 that ‘The first question is whether there is a reasonable expectation of privacy’. He said at para 36 that the question is a broad one which takes account of all the circumstances of the case, including the attributes of the claimant, the nature of the activity in which the claimant was involved, the place at which it was happening, and the nature and purpose of the intrusion. The principled reason for the ‘touchstone’ is that it focuses on the sensibilities of a reasonable person in the position of the person who is the subject of the conduct complained about in considering whether the conduct falls within the sphere of article 8 . If there could be no reasonable expectation of privacy, or legitimate expectation of protection, it is hard to see how there could nevertheless be a lack of respect for their article 8 rights.”

Judges:

Lord Kerr, Lord Clarke, Lord Wilson, Lord Toulson, Lord Hodge

Citations:

[2015] HRLR 13, [2015] UKSC 42, [2015] WLR(D) 280, [2016] AC 1131, [2015] 3 WLR 155, [2015] EMLR 25, [2015] 4 All ER 90, UKSC 2013/0181

Links:

Bailii, WLRD, SC, SC Summary, Bailii Summary

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Northern Ireland

Citing:

Appeal from – JR 38, Re Judicial Review QBNI 21-Mar-2013
Application for judicial review of a decision by the PSNI to release to local newspapers for publication images of persons suspected of being involved in sectarian rioting and violent offending at an interface area at Fountain Street/Bishop Street . .
Cited – X 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’. . .
Cited – Niemietz 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 . .
Cited – Rotaru 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 – PG 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 . .
Cited – Campbell 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 . .
Cited – Sidabras 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 . .
Cited – Sciacca 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 . .
Cited – Cemalettin 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. . .
Cited – Reklos 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 – 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 . .

Cited by:

Cited – Weller and Others v Associated Newspapers Ltd CA 20-Nov-2015
The three children of a musician complained of the publication of photographs taken of them in a public place in California. . .
Cited – NT 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 . .
Cited – Richard v The British Broadcasting Corporation (BBC) and Another ChD 18-Jul-2018
Police suspect has outweighable Art 8 rights
Police (the second defendant) had searched the claimant’s home in his absence in the course of investigating allegations of historic sexual assault. The raid was filmed and broadcast widely by the first defendant. No charges were brought against the . .
Cited – ZXC 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 . .
Lists of cited by and citing cases may be incomplete.

Media, Police, Human Rights, Family

Updated: 23 November 2022; Ref: scu.549907

Belhadj 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 authorities of private communications of the Claimants which have been obtained by the US authorities pursuant to Prism and/or Upstream in contravention of Articles 8 and/or 10 ECHR as declared to be unlawful by the Tribunal’s order of 6 February 2015.
(ii) Whether in fact the Claimants’ communications have been intercepted pursuant to s.8(1) or s.8(4) of RIPA, and intercepted, viewed, stored or transmitted so as to amount to unlawful conduct and/or in contravention of and, not justified by, Articles 8 and/or 10 ECHR. In this regard questions of proportionality arise, and the Tribunal has taken fully into account the submissions made by the Claimants and the Respondents.’

Citations:

[2015] UKIPTrib 13 – 132-H

Links:

Bailii

Statutes:

Regulation of Investigatory Powers Act 2000 68(4)

Jurisdiction:

England and Wales

Citing:

See Also – Belhadj 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 . .

Cited by:

Cited – Liberty (The National Council of Civil Liberties) and Others v The Government Communications Headquarters and Others IPT 22-Jun-2015
. .
Cited – Privacy 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 . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 23 November 2022; Ref: scu.549265

Privacy International v Secretary of State for Foreign and Commonwealth Affairs and Another: IPT 12 Feb 2016

‘hearing in respect of the claim by Privacy International, the well known NGO, and seven internet service providers, of which Greennet Limited carries on operations in this country and the other Claimants have customers in this country, though their main operations are based abroad. The hearing has been of preliminary issues of law, whose purpose is to establish whether, if the Second Respondent (‘GCHQ’) carries on the activity which is described as CNE (Computer Network Exploitation), which may have affected the Claimants, it has been lawful.’

Judges:

Burton P, Mitting VP JJ

Citations:

[2016] UKIPTrib 14 – 85-CH

Links:

Bailii

Statutes:

Intelligence Services Act 1994, Computer Misuse Act 1990 1 3 10

Jurisdiction:

England and Wales

Citing:

Applied – Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others IPT 5-Dec-2014
The Claimants’ complaints alleged the unlawfulness pursuant to Article 8 (and collaterally Article 10) of the European Convention of Human Rightsof certain assumed activities of the Security Service (also, and colloquially, known as MI5), the Secret . .
Cited – RE v The United Kingdom ECHR 27-Oct-2015
. .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 23 November 2022; Ref: scu.564196

Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others: IPT 5 Dec 2014

The Claimants’ complaints alleged the unlawfulness pursuant to Article 8 (and collaterally Article 10) of the European Convention of Human Rightsof certain assumed activities of the Security Service (also, and colloquially, known as MI5), the Secret Intelligence Service (and similarly also known as MI6) and the Government Communications Headquarters.

Judges:

Burton J P

Citations:

[2014] UKIPTrib 13 – 77-H, [2015] HRLR 2, [2015] 3 All ER 142

Links:

Bailii

Statutes:

European Convention of Human Rights 8

Jurisdiction:

England and Wales

Cited by:

Appeal from – Privacy International, Regina (on The Application of) v Investigatory Powers Tribunal Admn 2-Feb-2017
PI appealed from a ruling of the IPT that the provision which empowered the Secretary of State to authorise ‘the taking . . of such action as is specified in the warrant in respect of any property so specified’ was wide enough to encompass computer . .
At IPT – Privacy International, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs and Others CA 23-Nov-2017
The claimant sought to bring judicial review against the IPT. The IPT argued that section 67(8) of the 2000 Act prevented such a claim. . .
See Also – Liberty (The National Council of Civil Liberties) and Others v The Secretary of State for Foreign and Commonwealth Affairs and Others IPT 6-Feb-2015
. .
At IPT – Privacy 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 . .
Applied – Privacy International v Secretary of State for Foreign and Commonwealth Affairs and Another IPT 12-Feb-2016
‘hearing in respect of the claim by Privacy International, the well known NGO, and seven internet service providers, of which Greennet Limited carries on operations in this country and the other Claimants have customers in this country, though their . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 23 November 2022; Ref: scu.539999

Miranda 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 security data received from the US reating to British security services. He now sought judicial review saying that the powers had been used for an improper purpose.

Judges:

Laws LJ, Ouseley, Openshaw JJ

Citations:

[2014] EWHC 255 (Admin), [2014] WLR(D) 93, [2014] 1 WLR 3140, [2014] HRLR 9, [2014] 3 All ER 447

Links:

Bailii, WLRD

Statutes:

Terrorism Act 2000 2(1)

Jurisdiction:

England and Wales

Citing:

Cited – Regina 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 . .
Cited – CC v The Commissioner of Police of The Metropolis and Another Admn 20-Dec-2011
The claimant challenged the use against him of anti-terrorist powers to question and detain passengers at airports etc.
Held: Whether the poers had been used for a proper purpose: ‘will depend on what the officers knew and why they decided to . .

Cited by:

Cited – Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Nov-2014
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription . .
Cited – 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 . .
Cited – Privacy 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 . .
Lists of cited by and citing cases may be incomplete.

Police, Media, Human Rights

Updated: 23 November 2022; Ref: scu.521581

Timothy v Simpson: 1835

It was argued that a fight between two persons could not support the arrest of both for breach of the peace. Holding that the arrestor did not have to decide on the merits of the dispute.
Held: ‘If no one could be restrained of his liberty, in cases of mutual conflict, except the party who did the first wrong, and the bystanders acted at their peril in this respect, there would be very little chance of the public peace being preserved by the interference of private individuals, nor indeed of police officers, whose power of interposition on their own view appears not to differ [at common law] from that of any of the King’s other subjects.’

Judges:

Parke B

Citations:

(1835) 1 CM and R 757

Jurisdiction:

England and Wales

Torts – Other, Police

Updated: 23 November 2022; Ref: scu.199775

PG 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 disclose all relevant evidence to the defence. In this case the material which the prosecution sought to keep secret had not been relied upon in evidence, and the witness whom the defence had wished to cross examine had been examined by the judge in private. Voice samples which had been obtained without consent and were used to link recordings were to be treated in ways similar to other samples such as blood and hair and other objective physical samples.
‘The Court also notes that the material which was not disclosed in the present case formed no part of the prosecution case whatever, and was never put to the jury. The fact that the need for disclosure was at all times under assessment by the trial judge provided a further, important safeguard in that it was his duty to monitor throughout the trial the fairness or otherwise of the evidence being withheld. It has not been suggested that the judge was not independent and impartial within the meaning of Article 6-1. He was fully versed in all the evidence and issues in the case and in a position to monitor the relevance to the defence of the withheld information both before and during the trial’.
As to the scope of Article 8: ‘Private life is a broad term not susceptible to exhaustive definition. The Court has already held that elements such as gender identification, name and sexual orientation and sexual life are important elements of the personal sphere protected by Article 8. The Article also protects a right to identity and personal development, and the right to establish relationships with other human beings and the outside world . . There is, therefore, a zone of interaction of a person with others, even in a public context, which may fall within the scope of ‘private life.’ There are a number of elements relevant to a consideration of whether a person’s private life is concerned in measures effected outside a person’s home or private premises. Since there are occasions when people knowingly or intentionally involve themselves in activities which are or may be recorded or reported in a public manner, a person’s reasonable expectations as to privacy may be a significant, though not necessarily conclusive, factor. A person who walks down the street will, inevitably, be visible to any member of the public who is also present. Monitoring by technological means of the same public scene (for example a security guard viewing through closed circuit television) is of a similar character. Private-life considerations may arise, however, once any systematic or permanent record comes into existence of such material from the public domain. It is for this reason that files gathered by security services on a particular individual fall within the scope of article 8, even where the information has not been gathered by any intrusive or covert method.’

Judges:

J-P Costa, President, and Judges W. Fuhrmann, P. Kuris, F. Tulkens, K. Jungwiert, Sir Nicolas Bratza and K. Traja Section Registrar S. Doll

Citations:

[2001] Po LR 325, [2002] Crim LR 308, (2008) 46 EHRR 51, Times 19-Oct-2001, 44787/98, [2001] ECHR 550, [2001] ECHR 44787/98, ECHR 2001 IX

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 6 8

Jurisdiction:

Human Rights

Cited by:

Cited – Regina v H; Regina v C HL 5-Feb-2004
Use of Special Counsel as Last Resort Only
The accused faced charges of conspiring to supply Class A drugs. The prosecution had sought public interest immunity certificates. Special counsel had been appointed by the court to represent the defendants’ interests at the applications.
Cited – Campbell 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 . .
Cited – X v Y (Employment: Sex Offender) CA 28-May-2004
The claimant had been dismissed after it was discovered he had been cautioned for a public homosexual act. He appealed dismissal of his claim saying that the standard of fairness applied was inappropriate with regard to the Human Rights Act, and . .
Cited – Countryside Alliance and others v HM Attorney General and others Admn 29-Jul-2005
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market . .
Cited – McKennitt and others v Ash and Another QBD 21-Dec-2005
The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures.
Held: . .
Cited – Dr D, Regina (on the Application of) v Secretary of State for Health CA 19-Jul-2006
The doctor complained of the use of Alert letters where he was suspected of sexual abuse of patients, but the allegations were unsubstantiated. He complained particularly that he had been acquitted in a criminal court and then also by the . .
Cited – Wood 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 . .
Cited – Mosley v News Group Newspapers Ltd QBD 24-Jul-2008
The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and . .
Cited – Marper 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: . .
Cited – Kinloch 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 . .
Cited – 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 . .
Cited – JR38, 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 . .
Cited – ZXC 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 . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 23 November 2022; Ref: scu.166627

Ahmed v Chief Constable of West Midlands Police: CA 28 Jul 1998

The court considered whether, and if so, the circumstances in which, police officers may be liable in negligence to suspects for failure to comply with the Codes of Practice.

Citations:

[1998] EWCA Civ 1305

Statutes:

Police and Criminal Evidence Act 1984 66 67

Jurisdiction:

England and Wales

Negligence, Torts – Other, Police

Updated: 23 November 2022; Ref: scu.144784

A and Others v The Metropolitan Police Service: IPT 2 Nov 2006

The Tribunal examined whether alleged interception could have been made lawful by authorisation under the Regulation of Investigatory Powers Act or the Telecommunications (Lawful Business Practice) Regulations 2000.

Citations:

[2006] UKIPTrib 02 – 15

Links:

Bailii

Jurisdiction:

England and Wales

Police, Human Rights

Updated: 22 November 2022; Ref: scu.525993

N v The Police: IPT 2 Dec 2009

This Ruling found that there was an interference with privacy contrary to Article 8 in respect of the use directed surveillance by using existing public CCTV. The decision to authorise surveillance had taken place after the Crown Prosecution Service had taken the decision not to prosecute the Complainant. The subsequent decision on remedies ordered that the CCTV recording should be destroyed and a declaration should be made that there was a breach of the Complainant’s Article 8 rights.

Citations:

[2009] UKIPTrib 07 – 02

Links:

Bailii

Jurisdiction:

England and Wales

Police, Human Rights

Updated: 22 November 2022; Ref: scu.525987

G, Regina (on the Application of) v Director of Public Prosecutions: CA 5 Feb 2008

The claimant had been arrested and interviewed. The custody officer then decided to hold him in custody until he had received a decision from the CPS as to whether to charge him and with what offence. The claimant sought judicial review of the decision to hold him, saying the custody had no such power.
Held: If the officer had not been acting on guidance as to the way to treat persistent young offenders he would have charged him immediately. The guidance did not remove his duty to charge immediately. Amendments to the 1984 Act applied to referrals to the CPS only after release. The detention was unlawful.

Citations:

[2008] EWCA Civ 28, [2008] 1 WLR 550, [2008] 4 All ER 594, [2008] 2 Cr App R 5, [2008] Crim LR 558

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984

Jurisdiction:

England and Wales

Citing:

Appeal from – G v Chief Constable of West Yorkshire Police and Another Admn 21-Dec-2006
The claimant sought judicial review of the defendant’s decision to hold him in custody after interview pending a decision of the CPS as to his charge.
Held: The claim failed. . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 22 November 2022; Ref: scu.264114

Henderson v Cleveland Constabulary: CA 27 Feb 2001

The court was asked ‘Do the police have a discretion as to when to execute a default warrant for non-payment of a fine issued by a magistrates’ court? If so, can they lawfully exercise that discretion in such a way as to delay execution of the default warrant in order to provide time in which to complete investigations relating to an offence for which a suspect has been arrested?’

Citations:

[2001] EWCA Civ 335, [2001] 1 WLR 1103

Links:

Bailii

Jurisdiction:

England and Wales

Police

Updated: 22 November 2022; Ref: scu.200810

A v Chief Constable of the West Yorkshire Police and Another: CA 5 Nov 2002

The appellant had undergone a male to female sex change, but was refused employment by the respondent before the Human Rights Act came into effect.
Held: Although the Human Rights Act could not apply, the act was in breach of the Equal Treatment Directive and discrimination. The 1999 regulations were incompatible with the provisions of the Directive. The respondent said that it was a requirement of the job that an officer be ready to search a person of the same sex, under the 1984 Act. Following Goodwin, it was no longer permissible to treat the applicant other than as a female. It is now necessary to apply the law as developed by the European convention jurisprudence. It was necessary to decide first what is ‘the appellant’s legal gender’. There had been gender reassignment surgery and the Court concluded that the appellant had become female.

Judges:

Kennedy, Buxton, Keene LJJ

Citations:

Times 14-Nov-2002, Gazette 09-Jan-2003, [2002] EWCA Civ 1584, [2003] ICR 161

Links:

Bailii

Statutes:

Equal Treatment Directive (76/207/EEC) (OJ 1976 L39/40), Sex Discrimination Act 1975 Part II, Sex Discrimination (Gender Re-Assignment) Regulations 1999 (1999 No 1102), Police and Criminal Evidence Act 1984 54

Jurisdiction:

England and Wales

Citing:

Cited – Goodwin 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 . .
Appealed to – A v West Yorkshire Police HL 6-May-2004
The claimant was a male to female trans-sexual who had been refused employment as a police officer by the respondent, who had said that the staturory requirement for males to search males and for females to search females would be impossible to . .
Appeal from – The Chief Constable of the West Yorkshire Police v A, Secretary of State for Education EAT 2-Oct-2001
The Force appealed findings of sex discrimination against the respondent who had undergone gender reassignment. She required the fact of the procedure to be kept secret. The force refused her application for appointment since they said she would be . .

Cited by:

Cited – Croft v Royal Mail Group Plc (formerly Consignia Group plc) CA 18-Jul-2003
The employee was a transsexual, awaiting completion of surgical transformation to a woman. The employer said she could not use the female toilet facilities, but was offered use of the unisex disabled facilities.
Held: The 1975 Act provides for . .
Appeal from – A v West Yorkshire Police HL 6-May-2004
The claimant was a male to female trans-sexual who had been refused employment as a police officer by the respondent, who had said that the staturory requirement for males to search males and for females to search females would be impossible to . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Police, Employment, European, Human Rights

Updated: 20 November 2022; Ref: scu.178099

Gapper v Chief Constable of Avon and Somerset Constabulary: CA 2 Jul 1998

The court asked whether the power of arrest under s6 of the 1864 Act survived s26 of the 1984 Act.
Held: The 1984 Act affected only the powers given to police officers as police officers. The power under s6 of the Vagrancy Act applied to any person, and therefore was not affected by a restriction of additional powers given to officers by other provisions.

Citations:

[1998] EWCA Civ 1146, [1999] 2 WLR 928, [1998] 4 All ER 248, [2000] QB 29

Links:

Bailii

Statutes:

Vagrancy Act 1824 6, Police and Criminal Evidence Act 1984 6

Jurisdiction:

England and Wales

Citing:

Cited – Director of Public Prosecutions v Kitching 1989
The statutory power of arrest in section 91 of the CJA 1967 for the offence of drunk and disorderly in a public place was not repealed by section 26(1), despite the absence of any reference thereto in Schedule 2 to PACE. . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 20 November 2022; Ref: scu.144625

Rudall v The Crown Prosecution Service and Another: QBD 30 Nov 2018

Action for damages for malicious prosecution, misfeasance in public office and breach of s.6 Human Rights Act 1998. It is brought by Mr Phillip Rudall, a solicitor from Swansea who, between January 2002 and July 2013, was the subject of investigation by the South Wales Police Fraud Squad (‘SWP’) and two prosecutions by the Crown Prosecution Service (‘CPS’).
Held: Dismissed.

Judges:

Lambert J

Citations:

[2018] EWHC 3287 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other, Police

Updated: 20 November 2022; Ref: scu.631491

Frank-Steiner v Data Controller SIS: IPT 21 Sep 2007

This unusual case refers to the Complainant wishing to know if his uncle by marriage, deceased in 1963, had worked for the SIS in World War 2. The Tribunal ruled that the Neither Confirm nor Deny policy applied in this case.

Citations:

[2007] UKIPTrib 06 – 81

Links:

Bailii

Jurisdiction:

England and Wales

Police, Human Rights

Updated: 20 November 2022; Ref: scu.525990

Gibbon v Rugby Borough Council: IPT 14 Aug 2008

The Tribunal made a determination in favour of this Complainant having found that the Respondent had carried out unauthorised surveillance on the Complainant’s home property by walking onto his shared driveway during the course of ongoing investigation which included some earlier directed surveillance. The Respondent failed to provide any satisfactory reason for this so the Tribunal had no hesitation in concluding that this was unauthorised surveillance. pounds 2,500 compensation was awarded.

Citations:

[2008] UKIPTrib 06 – 31

Links:

Bailii

Jurisdiction:

England and Wales

Police, Human Rights

Updated: 20 November 2022; Ref: scu.525988

N v The Police: IPT 8 Feb 2010

This Ruling found that there was an interference with privacy contrary to Article 8 in respect of the use directed surveillance by using existing public CCTV. The decision to authorise surveillance had taken place after the Crown Prosecution Service had taken the decision not to prosecute the Complainant. The subsequent decision on remedies ordered that the CCTV recording should be destroyed and a declaration should be made that there was a breach of the Complainant’s Article 8 rights.

Citations:

[2010] UKIPTrib 07 – 02 – 2

Links:

Bailii

Jurisdiction:

England and Wales

Police, Human Rights

Updated: 20 November 2022; Ref: scu.525984

ZH v The Commissioner of Police for The Metropolis: QBD 14 Mar 2012

The claimant sought damages. He was severely autistic needing one to one support. On a familiarisation visit to a swimming pool he became transfixed by the water. A pool lifeguard was told not to touch him, but his carers were unable to distract him, and the pool management called the police as he became agitated. The officers decided that they faced a life or death situation when he jumped into the water. ZH was restrained and recovered from the water. The police did not heed warnings and guidance from the carers. He was handcuffed and placed in a caged van.

Judges:

Sir Robert Nelson

Citations:

[2012] EWHC 604 (QB)

Links:

Bailii

Statutes:

Mental Capacity Act 2005

Jurisdiction:

England and Wales

Personal Injury, Police

Updated: 20 November 2022; Ref: scu.452463