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

Singh LJ, Holgate J
[2018] EWHC 975 (Admin), [2019] QB 481, [2018] WLR(D) 269, [2018] 3 WLR 1435
Bailii, WLRD
Data Retention (EC Directive) Regulations 2009, Data Retention and Investigatory Powers Act 2014
England and Wales
Cited by:
See AlsoThe National Council for Civil Liberties (Liberty), Regina (on The Application of) v Secretary of State for The Home Department and Another (Procedural Matters) Admn 27-Apr-2018
. .

Lists of cited by and citing cases may be incomplete.

Information, Police

Updated: 06 December 2021; Ref: scu.614964

Bedfordshire Police Constabulary v RU and Another: FD 26 Jul 2013

The court was asked whether a police force can apply for committal for alleged breach of a forced marriage protection order made under Part 4A of the Family Law Act 1996 when the police were not the applicants who had obtained the relevant order.
Held: That the police force could not; it lacked standing to make the application.

Holman J
[2013] EWHC 2350 (Fam)
Bailii
Family Law Act 1996
England and Wales
Cited by:
CitedJones, Re (Alleged Contempt of Court) FD 21-Aug-2013
The Solicitor General sought the committal of the respondent for alleged contempt of court. There had been repeated litigation between the respondent and her former husband as to whether the children should live in Spain with the father or in Wales . .

Lists of cited by and citing cases may be incomplete.

Police, Contempt of Court, Family

Updated: 06 December 2021; Ref: scu.513767

Greater Manchester Chief Constable v KI and Another (Children) and others: FD 26 Jul 2007

Originating summons in the inherent jurisdiction of the High Court asking for an order granting permission to interview two young girls, represented by CAFCASS Legal. The third defendant is the children’s mother, NP. The local authority in which the children and their mother reside, Manchester City Council, has also been represented as an interested party. They have been directed to undertake an investigation of the children’s circumstances in accordance with section 37 of the Children Act 1989.

Ryder J
[2007] EWHC 1837 (Fam)
Bailii
Children Act 1989 37
England and Wales

Police, Children

Updated: 06 December 2021; Ref: scu.258494

London Borough of Lewisham v D and Others: FD 29 Mar 2010

The local authority was investigating allegations involving the family history of children in their care. They sought disclosure by the respondent police authority of the results DNA comparison tests to assist their investigations. The court considered whether a matching report on a DNA sample itself was derived from the sample.
Held: Disclosure could not be made. The information requested by the Local Authority does fall within the definition of ‘information derived from the sample’ (section 64(1B)(b)) and should not be disclosed except for one of the specified purposes. Though the authority was investigating issues at the same time that the police were investigating crimes, their investigations were not themselves criminal investigations: ‘the provisions of PACE 1984 are directed to those who are specifically charged with investigating of criminal offences, with a view to bringing them to justice, and are not directed to Local Authorities conducting their child protection responsibilities.’

Stephen Cobb QC J
[2010] EWHC 1239 (Fam), [2010] Fam Law 795, [2011] 1 FLR 908
Bailii
Children Act 1989 31, Police and Criminal Evidence Act 1984 64(1A) 63A(1)
England and Wales
Citing:
CitedS v S; in re S (An Infant, by her Guardian ad Litem the Official Solicitor to the Supreme Court) v S; W v Official Solicitor (Acting as Guardian ad Litem for a Male Infant Named PHW) HL 1970
Lord Hodson said: ‘The interests of justice in the abstract are best served by the ascertainment of the truth and their must be few cases where the interests of children can be shown to be best served by the suppression of truth. Scientific evidence . .
CitedIn re H and A (Children) (Paternity: Blood Tests) CA 21-Mar-2002
The right to know one’s parentage and identity is a fundamental part of private life. Thorpe LJ said: ‘first, that the interests of justice are best served by the ascertainment of the truth and secondly, that the court should be furnished with the . .
CitedMarper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .
CitedS, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper HL 22-Jul-2004
Police Retention of Suspects DNA and Fingerprints
The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life.
Held: The parts of DNA used for testing . .
CitedIn re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening) HL 11-Jun-2008
Balance of probabilities remains standard of proof
There had been cross allegations of abuse within the family, and concerns by the authorities for the children. The judge had been unable to decide whether the child had been shown to be ‘likely to suffer significant harm’ as a consequence. Having . .
CitedThe London Borough of Lambeth v SCVJ and others FD 2006
A court was unable to direct the commissioner of the police for the metropolis to disclose or release any sample of the DNA taken from a child for the purposes of comparing it with the DNA taken by other children. . .

Lists of cited by and citing cases may be incomplete.

Police, Information, Children, Local Government

Updated: 06 December 2021; Ref: scu.417776

Paolo, Regina (on The Application of) v City of London Magistrates Court: Admn 20 Jun 2014

The claimant challenged the issue of a warrant which the first defendant, the City of London Magistrates’ Court, issued on the application of the interested party, the Commissioner of Police for the City of London. The grounds of challenge were non-disclosure by the police to the court granting the warrant, and error on the part of the magistrate that he could have a reasonable belief that there was material at the claimant’s address which was likely to be of value to the investigation.

Laws LJ, Cranston J
[2014] EWHC 2011 (Admin)
Bailii

Magistrates, Police

Updated: 05 December 2021; Ref: scu.526971

Re Z (Children): FD 18 Jun 2014

The father, X, asserted that he was such, but refused to undergo a DNA test, and ‘The question arises in the most appalling circumstances: X murdered the children’s mother, in particularly horrible circumstances. He is serving a sentence of life imprisonment, with a long minimum term. Whatever role it might be thought that X should have in these children’s lives – a matter with which I am not concerned – the issue of his paternity goes also to the question of what role his wider family should have. ‘ The court was asked whether the DNA records held by the police could be used instead.
Held: There was no prohibition in respect of Part II DNA profiles. The court had a discretion to order the disclosure of DNA profiles obtained under Part II of PACE in order to assist the court in resolving a paternity issue which had arisen in these proceedings. Exercising the court’s discretion, The Commissioner should be ordered to disclose the profiles.
Munby P said: ‘Ms Broadfoot submits that a DNA sample or profile derived from a crime scene sample seized under Part II of PACE which has been matched to a DNA sample or profile taken under Part V of PACE may not be ordered to be disclosed for paternity purposes because the disclosure of the Part II sample would, as she puts it, involve the collateral (and prohibited) use of the Part V sample, in breach of section 63T. I agree with the proposition and the conclusion but it rests on an unspoken assumption which is at odds with what is sought in this case.
Ms Broadfoot says that crime scene samples and the profiles derived from them are of limited use on their own as they cannot identify any particular person. DNA, she says, only becomes significant for identification purposes once compared with that of a known person. She amplifies the point by postulating a case where samples at a crime scene produce 15 different DNA profiles. After 14 persons have been eliminated from the inquiry, the remaining man is convicted. A paternity issue arises and the guardian seeks the DNA profile from the crime scene relating to the convicted man. The only way, she says, the police can identify his DNA profile from the other 14 is by matching it to the Part V sample. This involves a use of the Part V sample (see section 63A(1)), which is not permitted for paternity purposes.
The short answer to all this, as Mr McCarthy points out, is that, whatever might be needed in another case, there is no need in this case to compare anything with a Part V sample, and that is not what he is proposing.
Evidence, entirely independent of any samples or DNA profiles, demonstrates that the blood at the crime scene in all probability includes both the mother’s blood and X’s blood. The unidentified DNA profiles obtained from those samples can, without reference to any other samples (whether obtained under Part V of PACE or, post mortem, from the mother’s body), be compared with the DNA samples obtained, pursuant to the order already made by Hogg J, from the children. If those unidentified DNA profiles identify two persons as being parents of the children, then that will, without more, establish X’s paternity. If those unidentified DNA profiles identify one person as being a parent of the children, then it will be necessary to compare the relevant profile with that obtained from the mother’s post mortem sample to establish whether it is hers or, by elimination, X’s.
Mr McCarthy submits that Ms Broadfoot’s submissions entirely miss the point of this application, which makes no reference to and is not in any way dependent upon any Part V sample. As he says, none of the examples given by Ms Broadfoot have anything to do with the factual basis upon which the guardian’s application is mounted. With brutal simplicity, he summarises his case as follows: The guardian’s case is simple. No reference is made to any Part V samples; no reference is made to any comparison with any Part V sample; no disclosure is sought of any Part V sample (or, I might add, anything derived from a Part V sample). Section 63T, he submits, does not apply.’

Sir James Munby P
[2014] EWHC 1999 (Fam)
Bailii
England and Wales
Cited by:
Appeal fromX and Another v Z (Children) and Another CA 5-Feb-2015
The Court was asked as to the circumstances in which DNA profiles obtained by the police in exercise of their criminal law enforcement functions can, without the consent of the data subject, be put to uses which are remote from the field of criminal . .

Lists of cited by and citing cases may be incomplete.

Children, Police, Information

Updated: 04 December 2021; Ref: scu.526712

NIPSA, Re Judicial Review: QBNI 4 Feb 2014

NIPSA’s application for judicial review challenged the decision of the Chief Constable of the PSNI to enter into a private contractual arrangement with Resource NI describing the Resource Contract as being ‘for the engagement of staff to support the police’. The applicants asserted that the arrangement was ultra vires the statutory powers of the PSNI.

[2014] NIQB 16
Bailii
Northern Ireland

Police

Updated: 04 December 2021; Ref: scu.526628

Police and Crime Commissioner for Leicestershire, Regina (on The Application of) v Hallam Land Management Ltd and Others: Admn 27 May 2014

The claimant challenged a planning permission for a substantial development, and in particular the terms of the associated section 106 agreement. The claimant was concerened that the terms might allow a sufficient development to required additional resources from the claimant without making a sufficiently unconditional commitment for financial support.
Held: The request for judicial review was refused: ‘looked at objectively, there are features of the way the police contribution in this case was dealt with in the section 106 agreement that are not very satisfactory and, as I have said, some legitimate criticisms seem to me to be open to the formulation of the trigger mechanism. I rather suspect that, irrespective of the outcome of this case, the issue of the timing of the police contributions will have to be re-visited before the development proceeds too far to ensure that those who are considering purchasing properties on the development will have the reassurance that it will be properly and efficiently policed. However, that does not amount to, or evidence the need for, a conclusion at this stage that what was agreed between the Defendant and the developers was irrational or that there was anything unfair about the way the Defendant dealt with the issue.’

Foskett J
[2014] EWHC 1719 (Admin)
Bailii
Citing:
CitedNewsmith Stainless Ltd, Regina (On the Application of) v Secretary of State for Environment, Transport and the Regions Admn 1-Feb-2001
Application was made to quash an inspector’s decision.
Held: An inspector’s decision was not to be challenged as to its facts. In any case where the expert tribunal is the fact finding body the threshold of Wednesbury unreasonableness or . .
CitedRegina (on the Application of Kides) v South Cambridgeshire District Council Ltd CA 9-Oct-2002
The applicant sought a judicial review of a grant of planning permission. She said that in the considerable time gap between the decision in principle, and the decision notice, several elements had changed requiring the decision to be reconsidered. . .
CitedDry, Regina (on The Application of) v West Oxfordshire District Council and Taylor Wimpey CA 21-Oct-2010
The guidance contained in Kides must be applied with common sense and with regard to the facts of the particular case. . .
CitedCollege van burgemeester en wethouders van Rotterdam v M.E.E. Rijkeboer ECJ 7-May-2009
Protection of individuals with regard to the processing of personal data Directive 95/46/EC – Respect for private life – Erasure of data – Right of access to data and to information on the recipients of data – Time limit on the exercise of the right . .

Lists of cited by and citing cases may be incomplete.

Planning, Police

Updated: 03 December 2021; Ref: scu.526073

Jeremy F v Premier Ministre: ECJ 30 May 2013

ECJ Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – Articles 27(4) and 28(3)(c) – European arrest warrant and surrender procedures between Member States – Speciality rule – Application for extension of the European arrest warrant on which the surrender was based or for onward surrender to another Member State – Decision of the judicial authority of the executing Member State to give consent – Appeal with suspensive effect – Whether permitted

C-168/13, [2013] EUECJ C-168/13
Bailii

European, Police

Updated: 03 December 2021; Ref: scu.526054

Newbold v The Commissioner of Police: PC 16 Apr 2014

Bahamas – The appellants are the subject of extradition requests by the United States of America on suspicion of having committed drug trafficking offences. Extradition proceedings were commenced against them by the United States and the Attorney General (‘the respondents’) as long ago as nine years. During such proceedings before Magistrate Mrs Carolita Bethell, the respondents sought to adduce evidence obtained by the interception by the Bahamian police of the appellants’ telephone conversations. The present appeal concerns the legitimacy and, now, constitutionality of their so doing.

Lord Mance, Lord Sumption, Lord Hughes, Lord Toulson, Lord Hodge
[2014] UKPC 12
Bailii
Commonwealth

Extradition, Police, Constitutional

Updated: 03 December 2021; Ref: scu.525607

Findlay v Police Investigations and Review Commissioner: SIC 14 Apr 2014

SIC Complaint investigation report – On 27 November 2013, Mr Findlay asked the Police Investigations and Review Commissioner (PIRC) for information relating to the investigation of a complaint against named police officers. PIRC refused to confirm or deny whether he held any information, or whether the information existed.
Following an investigation, the Commissioner found that PIRC was entitled to neither confirm nor deny whether he held the information, or whether the information existed.
The Commissioner also found that PIRC failed to comply with the requirements of section 16(1)(c) and (d) of FOISA, by not informing Mr Findlay which of the exemptions listed in Part 2 of FOISA he considered would apply if the information existed and was held.

[2014] ScotIC 085 – 2014
Bailii
Scotland

Information, Police

Updated: 03 December 2021; Ref: scu.525549

Tchenguiz v Director of The Serious Fraud Office: CA 15 Apr 2014

The claimants sought judicial review of the issue of search warrants.

Patten, Pitchford, Vos LJJ
[2014] EWCA Civ 472
Bailii
England and Wales
Citing:
Appeal fromTchenguiz and Others v Director of The Serious Fraud Office ComC 11-Apr-2014
Application by the claimants for permission to use certain documents which are said to be subject to public interest immunity and legal professional privilege. . .

Lists of cited by and citing cases may be incomplete.

Police

Updated: 02 December 2021; Ref: scu.523746

Andronicou And Constantinou v Cyprus: ECHR 9 Oct 1997

ECHR Cyprus – alleged unlawful killing of a young couple by officers of a special police unit (MMAD) in the course of a rescue operation
I. GOVERNMENT’S PRELIMINARY OBJECTIONS
A. Non-exhaustion of domestic remedies
Government’s assertion that applicants failed to take civil proceedings to claim compensation on strength of authorities’ ex gratia offer of legal aid.
Effective remedy in circumstances would have been institution of criminal proceedings against officers involved – Attorney-General refused applicants’ request – in addition, detailed and reasoned findings of domestic commission of inquiry after exhaustive investigation of circumstances of killings likely in practice to remove any reasonable prospects which applicants had of winning a civil action – commission of inquiry chaired by most senior judicial appointee in respondent State.
Conclusion: objection dismissed (seven votes to two).
B. Abuse of process
Applicant’s refusal either to enter or continue negotiations on terms of friendly settlement over alleged breach of Convention right not to be construed as abuse of process – in instant case, proposed settlement did not moreover contain any admission of authorities’ liability for deaths of couple, as sought by applicants.
Conclusion: objection dismissed (unanimously).

25052/94, (1998) 25 EHRR 491, [1998] Crim LR 823, 3 BHRC 389, [1997] ECHR 80
Bailii
Citing:
CitedAndronicou And Constantinou v Cyprus ECHR 9-Oct-1997
Hudoc Preliminary objection rejected (abuse of process); Preliminary objection rejected (non-exhaustion); No violation of Art. 2; No violation of Art. 6-1 . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 02 December 2021; Ref: scu.523727

DSD and Another v The Commissioner of Police for The Metropolis: QBD 28 Feb 2014

The claimants sought damages alleging negligent failure by the police to investigate and find a serial rapist.
Held: The claim succeeded. The claimants were entitled to damages from the defendant, the Commissioner of the Police of the Metropolis, as a result of failures by the police properly to investigate serious sexual assaults which had been perpetrated against them. The claims were founded on the propositions that (i) article 3 of the European Convention on Human Rights carries with it an obligation on the state to carry out an effective investigation when it receives a credible allegation that serious harm has been caused to an individual, and (ii) there were serious defects in the police investigation of the assaults on the claimants.
Green J explained, with reference to the MC case, he binary nature of the positive obligation arising under articles 3 and 8: ‘ . . There were two relevant aspects. First, whether the state of Bulgarian law on rape was so flawed as to amount to a breach of the state’s positive obligation under articles 3 and 8 (the systemic failings). Secondly, to consider whether the alleged shortcomings in the investigation were, also, so flawed as also to amount to a breach of the state’s obligations under the same articles (the operational failings). Under the heading ‘general approach’ the court explained that the duty to create a corpus of law and the duty to ‘apply them in practice’ through investigation and punishment were separate . . ‘

Green J
[2014] EWHC 436 (QB)
Bailii
Human Rights Act 7 8, European Convention on Human Rights
England and Wales
Citing:
ExplainedMC v Bulgaria ECHR 4-Dec-2003
The applicant complained that she had been raped by two men when she was 14 years old. The men were interviewed but it was concluded that they had not used threats or violence and there was no evidence of resistance. The district prosecutor issued a . .

Cited by:
Liability JudgmentDSD and Another v The Commissioner of Police for The Metropolis QBD 23-Jul-2014
The court had found the defendant liable for a breach of the claimants’ human rights in that its negligent investigations had led to further rapes and sexual assaults by an offender. The court now considered what damages might be payable. . .
See AlsoThe Commissioner of Police of The Metropolis v DSD and NBV and Others CA 30-Jun-2015
The claimants alleged that they had been victims of rapes after the defendant police force had negligently failed to properly investigate a series of similar crimes. They said that the failures had infringed their article 3 rights. The Commissioner . .
At First Instance (Liability)Commissioner of Police of The Metropolis v DSD and Another SC 21-Feb-2018
Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints.
Held: The . .

Lists of cited by and citing cases may be incomplete.

Police, Negligence, Human Rights

Updated: 01 December 2021; Ref: scu.521949

Pentikainen v Finland: ECHR 4 Feb 2014

11882/10 – Chamber Judgment, [2014] ECHR 106
Bailii
European Convention on Human Rights
Human Rights
Citing:
See AlsoPentikainen v Finland ECHR 4-Feb-2014
ECHR Article 10-1 – Freedom of expression
Arrest and conviction of journalist for not obeying police orders during a demonstration: no violation
Facts – The applicant was a photographer and journalist . .

Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 01 December 2021; Ref: scu.521906

Hegazy and Others v The Commissioner of Police of The Metropolis: QBD 10 Feb 2014

The claimants alleged false imprisonment, assault and race discrimination
Several claimants made assorted claims against the police, and sought to have admitted various events as similar fact evidence.

Sir David Eady
[2014] EWHC 235 (QB)
Bailii
England and Wales

Police, Torts – Other, Litigation Practice

Updated: 29 November 2021; Ref: scu.521122

Powlesland v Director of Public Prosecutions: Admn 9 Dec 2013

The defendant apealed against his conviction for having taken part in a public procession, a a Critical Mass Cycle Ride, knowingly in breach of conditions attached to it by the Police. The defendant had argued that the ride was not a procession.
Held: The appeal failed. ‘The power to give directions is to be used, not just when the organisers of a procession have been co-operative enough to tell the police in advance of their intentions as to a specific route, but and perhaps more importantly when they have not done so. It would be an absurd interpretation if a direction, aimed at preventing serious disruption, could not be given unless the police knew as a matter of objectively provable fact that the procession would follow a specific route from A to B via particular roads, despite disruptive organisers masking their intentions. It cannot be that, until the police know the specific route, they cannot use s12 to prevent the use of a reasonably possible but seriously disruptive route. The power to give directions would not be useable when most needed; and it could always be objected that the police did not know what the route was to be, but had merely believed, however reasonably, that it could take a disruptive route.’

Goldring LJ, Ouseley J
[2013] EWHC 3846 (Admin), (2014) 178 JP 67, [2014] 1 WLR 2984, [2014] WLR(D) 139
Bailii, WLRD
Public Order Act 1986 12(5)
Citing:
CitedKay v Commissioner of the Police of the Metropolis HL 26-Nov-2008
The claimant had been involved in a monthly cycle ride through central London which had continued for many years. The ride took place without any central organisation and without any route being pre-planned. They objected to being required to apply . .
CitedKay v The Commissioner of Police of the Metropolis Admn 27-Jun-2006
For many years and in many large cities, once a month, cyclists had gathered en masse to cycle through the city in a ‘Critical Mass’ demonstration. There was no central organisation. Clarification was sought as to whether the consent of the police . .
CitedFlockhart v Robinson 1950
A challenge was made to the organising of a procession. Its route was determined by Mr Flockhart as he went along.
Held: For the purposes of section 3(4) of the 1936 Act, a procession ‘is a body of persons moving along a route’ and that, by . .
CitedJukes and Others v Director of Public Prosecutions Admn 16-Jan-2013
Two of those participating in a march demonstrating against cuts in the education budget, left that march to join the Occupy Movement’s demonstration in Trafalgar Square against the excesses of capitalism. They were, convicted at Westminster . .

Lists of cited by and citing cases may be incomplete.

Crime, Road Traffic, Police

Updated: 28 November 2021; Ref: scu.519993

Sepil v Turkey: ECHR 12 Nov 2013

ECHR Article 6
Criminal proceedings
Article 6-1
Fair hearing
Equality of arms
Facts – The facts of the case were disputed between the parties. According to official records, in 2005 two undercover police officers contacted the applicant by telephone to buy heroin. After meeting at an agreed location, the officers purchased the heroin and arrested the applicant immediately afterwards. According to the applicant, he had not sold them the heroin, and the police officers had only found drugs after searching him. In 2006 the domestic court found the applicant guilty of drug-trafficking and sentenced him to six years and three months’ imprisonment. The Court of Cassation upheld that judgment.
Law – Article 6 – 1: The Court recalled that, while the use of undercover agents could be tolerated provided that it was subject to clear restrictions and safeguards, the public interest could not justify the use of evidence obtained as a result of police incitement, as it would expose the accused to the risk of being definitively deprived of a fair trial from the outset. In the applicant’s case, the police had not confined themselves to investigating criminal activity in an essentially passive manner but had exerted such an influence on the applicant as to incite the commission of an offence that he would have otherwise not committed. Therefore, the police activity amounted to incitement to commit crime. Moreover, the police had performed the operation leading to the applicant’s arrest of their own accord, and not on the basis of a decision of a judge or public prosecutor, contrary to the legal provision regulating the appointment of undercover agents, and without any judicial supervision. As for the criminal proceedings leading to the applicant’s conviction, the trial court had ignored the applicant’s repeated objections concerning the unlawfulness of the operation and the use of evidence obtained by police incitement. It had also failed to consider substantial evidence by refusing to examine records of the applicant’s telephone conversations prior to his arrest, even though this could have proved that the police had not in fact tried to buy heroin from him. Moreover, the trial court had not tried to establish the reasons for the police operation or to determine whether the police officers had acted in compliance with domestic law. Its failure to analyse the relevant factual and legal elements, which would have helped it to establish whether there was incitement, in particular having regard to the fact that the police intervention had not complied with domestic law, had thus deprived the applicant’s trial of the requisite fairness.
Conclusion: violation (unanimously).
Article 41: EUR 4,000 in respect of non-pecuniary damage; claim in respect of pecuniary damage dismissed.
(See also Khudobin v. Russia, 59696/00, 26 October 2006, Information Note 90)

17711/07 – Chamber Judgment, [2013] ECHR 1115, 17711/07 – Legal Summary, [2013] ECHR 1288
Bailii, Bailii
European Convention on Human Rights

Human Rights, Crime, Police

Updated: 27 November 2021; Ref: scu.519058

Tindall and Another v Thames Valley Police and Another: QBD 7 Apr 2020

Circumstances in which a duty of care arises falling upon the police in the context of their actions at the scene of a road accident caused by locally icy and dangerous road conditions as a result of a water leak and flooding. He re the Claimant says that the Police attending the scene assumed or fell under a duty of care towards Mr Tindall. The Police say they did not.
Held: Defendants’ strike out claim refused.

Master Mccloud
[2020] EWHC 837 (QB)
Bailii
Highways Act 1980
England and Wales
Cited by:
CitedOvu v London Underground Ltd (Duty of Care) QBD 13-Oct-2021
Safety of Stairs within Undergrounds Care of duty
The Claimant sued the London Underground company because their relative Mr Ovu died after falling down stairs on a fire escape. It was late at night and he wandered on his own on a cold night, outdoors, onto the stairs. The staircase was in good . .

Lists of cited by and citing cases may be incomplete.

Police, Negligence

Updated: 27 November 2021; Ref: scu.655911

Cheema and Others v Nottingham and Newark Magistrates Court and Another: Admn 11 Dec 2013

The claimants challenged the issue and implementation of a search warrant,and sought the return of items seized. The police acknowledged that the search had been unlawful, but sought to retain the materials seized. The warrant had been presented as a specified premises warrant, but should have been an ‘all premises’ warrant.

Treacy LJ, King J
[2013] EWHC 3790 (Admin)
Bailii
Police and Criminal Evidence Act 1984 8
England and Wales

Police, Magistrates

Updated: 26 November 2021; Ref: scu.518908

Sykes v Crown Prosecution Service (Manchester): Admn 16 Oct 2013

The defendant appealed against his conviction for obstructing a police officer in the execution of his duty, saying that there had been no evidence that at the time of the events, the officer was acting in the lawful execution of his duty. He purported to be executing a search warrant, but the officer had no direct knowledge of the warrant.
Held: Evidence of the mere belief of the existence of a warrant, by an officer who was not involved in making the application for the warrant, who has not seen the warrant and who has no personal knowledge of the details of the warrant is not actual or sufficient evidence of the existence of the warrant itself. However the evidence here went beyond that. Having entered under orders as one amongst a group of officers. There was sufficient evidence before the magistrate for them properly to infer in the absence of any countervailing evidence that there was an existence, a valid and effective warrant and therefore the officer in question was at all material times acting in the lawful execution of his duty.

Haddon-Cave J
[2013] EWHC 3600 (Admin)
Bailii
Police Act 1996 89(2)
Citing:
CitedRegina v Galbraith CCA 1981
Rejection of Submission of No Case to Answer
The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction.
Held: Lord Lane LCJ said: ‘How then . .
CitedRiley v Director of Public Prosecutions Admn 1990
A police officer is not acting in the execution of his duty by arresting or detaining someone unless that arrest or detention is lawful. Justices are not entitled to infer that a police officer was acting in the course of his duty in carrying out a . .
CitedRegina v Brent Justices ex parte Linehan Admn 5-Oct-1998
The court was asked whether the Justices were entitled to find that the officers were acting in the execution of their duty without the production in court of the warrant or notice of authority. There was no evidence as to the actual existence of a . .

Lists of cited by and citing cases may be incomplete.

Police, Magistrates

Updated: 26 November 2021; Ref: scu.518561

PBD and Another v Greater Manchester Police: QBD 18 Nov 2013

The claimant had acted as police informant for the defendant. He said that the defendant had wrongfully released his identity resulting in him having to seek witness relocation with consequential losses for himself and his partner the co-claimant.
Held: The claim failed. The Defendant did not owe the First Claimant a duty of care in respect of his psychiatric loss.

Silber J
[2013] EWHC 3559 (QB)
Bailii
England and Wales
Citing:
CitedHertfordshire 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 . .
CitedVan Colle and Van Colle v The United Kingdom ECHR 9-Feb-2010
Statement of Facts . .
CitedVan Colle v The United Kingdom ECHR 13-Nov-2012
. .

Lists of cited by and citing cases may be incomplete.

Police, Negligence

Updated: 26 November 2021; Ref: scu.518028

S, F and L, Regina (on The Application of) v Chief Constable of The British Transport Police and Another: Admn 20 Jun 2013

The claimants, solicitors, challenged search warrants issued against their homes and professional premises.
Held: The court considered the proper procedure to be used when the police wish to search the premises or homes of solicitors for documents or other materials when the solicitors are acting for those who are the subject of police investigations. There had been a failure to express the true purpose of the warrant: the Claimants had acted in their professional capacity as lawyers for a client in relation to a criminal investigation, and there was direct evidence that one Claimant had acted dishonestly and in such a way as to assist the client in concealing evidence when accompanying him to a police station. The purpose of the warrant went far beyond what was expressly stated on it, and was to seek all documents held by the firms of solicitors that related to the client in all his activities. It therefore went to the heart of the solicitor/client relationship and the privileged documents that would have been generated in the course of that relationship. The failure of the information presented or the warrant itself to disclose or describe the true purpose of the warrant was fatal to the legality of the process.

Aikens LJ, Silber J
[2013] EWHC 2189 (Admin), [2014] 1 All ER 268, [2013] WLR(D) 312
Bailii, WLRD
England and Wales
Cited by:
CitedAB 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 . .
CitedA and Another, (On the Application of) v The Central Criminal Court and Another Admn 26-Jan-2017
(As redacted) Search warrants were challenged on the grounds that insufficient care had been taken of the possibility of the presence of privileged and or ‘excluded’ material. . .

Lists of cited by and citing cases may be incomplete.

Police, Legal Professions

Updated: 23 November 2021; Ref: scu.513735

Elosta v Commissioner of Police for The Metropolis and Others: Admn 6 Nov 2013

The court was asked whether somebody detained under section 7 of the 2000 Act was entitled to be accompanied by a solicitor during questioning. The claimant was stopped at the airport on his return from Saudi Arabia. Police refused to await the arrival of his solicitor before starting to question him. They proceeded and he was released.
Held: The claim succeeded. Such a person was entitled to consult a solicitor before being questioned and in private ‘in person, in writing or on the telephone’. The right was clear, and existed independently of the question of whether the detention took place at a police station.

Bean J
[2013] EWHC 3397 (Admin), [2014] 1 WLR 239, [2013] WLR(D) 422, [2014] Crim LR 378
Bailii, WLRD
Terrorism Act 2000 7
England and Wales

Police, Legal Professions

Updated: 25 November 2021; Ref: scu.517471

Sarjantson v Humberside Police: CA 18 Oct 2013

The claimant had been severely injured in an attack by a group of young men. He said that the defendant had failed in its duty to protect him and his family. He nw appealed against the action being struck out.
Held: the judge’s interpretation of the Article 2 duty falling in the police was too narrow when he said that the duty arose only when the identity of the claimant was known to them: ‘Such a limitation would be inconsistent with the idea that the provisions of the Convention should be interpreted and applied in such a way as to make its safeguards practical and effective.’
The appeal succeeded as to the extent of the article 2 duty. It wuld now be up to a court below to establish whether on the facts the respondent was n breach.

Lord Dyson MR, McFarlane, Sharp LJJ
[2013] EWCA Civ 1252, [2013] WLR(D) 393, [2014] 1 All ER 960, [2014] 1 QB 411, [2013] 3 WLR 1540, [2014] Med LR 63
Bailii
Human Rights Act 1998 6, European Convention on Human Rights 2 3
England and Wales
Citing:
CitedOsman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
CitedMastromatteo v Italy ECHR 24-Oct-2002
The deceased had been a bystander killed by a group of criminals, some of whom were on leave of absence from prison and one of whom had absconded from prison. A complaint was made by the applicant that there had been a breach of the positive duty to . .
CitedMakaratzis v Greece ECHR 20-Dec-2004
Police had shot at the applicant’s car being driven through road blocks. The claimant was injured. After an administrative investigation seven police officers were prosecuted but acquitted.
Held: There had been striking omissions in the . .
CitedOneryildiz v Turkey ECHR 18-Jun-2002
(Grand Chamber) The applicant had lived with his family in a slum bordering on a municipal house-hold refuse tip. A methane explosion at the tip resulted in a landslide which engulfed the applicant’s house, killing his close relatives. The applicant . .
CitedMaiorano and Others v Italy ECHR 15-Dec-2009
Article 2 may apply may ‘in cases raising the obligation to afford general protection to society’ . .
CitedGorovenky And Bugara v Ukraine ECHR 12-Jan-2012
The applicants’ relatives were shot by an off-duty police officer. They complained that the state had failed to exercise requisite control over the procedure for equipping police officers with a weapon. They alleged that there had been a breach of . .
CitedKilic v Turkey ECHR 28-Mar-2000
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 2 in respect of failure to protect life; Violation of Art. 2 in respect of ineffective investigation; Not necessary to examine Art. 10; Violation of . .

Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 21 November 2021; Ref: scu.516557

Jordan, Regina (on The Application of) v Merseyside Police and Another: Admn 21 Aug 2020

Claim for order quashing a search warrant on bases: ‘first, that it was granted on the basis of a deliberately false and exaggerated account of the execution of a previous warrant on 20 February 2019; second, that there were material non-disclosures about that search and about subsequent occasions on which police officers attended but found nothing of interest and took no further action.’ The defendants now requested that part of the evidence be redacted on the grounds of Public Interest Immunity.

Mr Justice Chamberlain
[2020] EWHC 2274 (Admin)
Bailii
England and Wales

Police, Magistrates

Updated: 20 November 2021; Ref: scu.653193

R, Regina (on The Application of) v A Chief Constable: Admn 24 Sep 2013

The claimant, who had a criminal record from 1984, and 1993, had refused to accede to a requirement that he attend at a police station to provide a non-intimate sample so that a DNA record could be created for him to be placed on the national database. He said that though the request was made to assist in the detection of crime, it was a disproprtionate interference in his right to a private life.
Held: The challenge failed. The first request had been incorrect but the second was correct and proportionate.

Pitchford LJ, Hickinbottom J
[2013] EWHC 2864 (Admin)
Bailii
Police and Criminal Evidence Act 1984 63A

Police, Human Rights

Updated: 20 November 2021; Ref: scu.515418

Abdullah Yasa And Others v Turkey: ECHR 16 Jul 2013

Article 3
Degrading treatment
Inhuman treatment
Serious injury to nose caused by tear gas canister fired by police officer: violation
Article 46
Article 46-2
Execution of judgment
Measures of a general character
Facts – The first applicant, who was thirteen at the material time, was struck in the face by a tear gas canister which he claimed had been fired directly into the crowd by a law-enforcement officer during a demonstration. The public prosecutor decided to take no further action, without examining whether the force used had been proportionate, on the grounds that the law-enforcement agencies had acted in the interests of maintaining public order and to defend themselves against a hostile crowd.
Law – Article 3 (substantive aspect): The applicant had been injured in the nose by a tear gas canister fired by a police officer and his injuries had unquestionably been serious. The treatment to which the applicant had been subjected had attained the threshold of severity required by Article 3.
It was clear from the video footage and all the evidence in the file that the demonstration had not been peaceful. Accordingly, no particular issue arose under Article 3 on account of the use of tear gas as such to disperse the gathering. However, what was in issue in the present case was not simply the fact that tear gas had been used but the fact that a tear gas canister had been fired directly at the demonstrators. The firing of tear gas canisters using a launcher entailed a risk of causing serious injury, as in the present case, or even of killing someone if the launcher was used improperly. Consequently, given the dangerous nature of the equipment used, the Court considered that its case-law on the use of potentially lethal force should apply mutatis mutandis in the present case. As well as being authorised under national law, policing operations – including the firing of tear gas canisters – had to be sufficiently regulated by it, within the framework of a system of adequate and effective safeguards against arbitrariness, abuse of force and avoidable accidents.
In his decision to take no further action, the public prosecutor had merely observed that the applicant had been injured during a demonstration in which he had been actively involved. He noted that the police officers had fired tear gas canisters in order to disperse the demonstrators, but did not take the trouble to examine the manner in which the tear gas had been fired. Such an approach appeared clearly inadequate in the light of the applicant’s allegation that he had been struck directly in the nose by a canister, especially since the demonstration had been taking place on a boulevard with numerous passers-by who could potentially have been hit. In that connection the video footage appeared to show that, as the applicant claimed, the canister had been fired directly and in a straight line rather than at an upward angle. Since the Government had not produced any evidence capable of disproving the applicant’s allegations, the Court accepted that the canister had been fired directly and in a straight line. That could not be considered an appropriate action on the part of the police given that firing tear gas in that way could cause serious or even fatal injury; firing tear gas at an upward angle was generally considered the proper method, in so far as it avoided causing injury or death if someone was hit. Furthermore, at the time of the events, Turkish law had not contained any specific provisions regulating the use of tear gas canisters during demonstrations or any guidelines concerning their use. In view of the fact that two people had been killed by tear gas canisters during the events in question and that the applicant had been injured on that occasion, it could be inferred that the police officers had enjoyed a greater autonomy of action and been left with more opportunities to take unconsidered initiatives than would probably have been the case had they had the benefit of proper training and instructions. Such a situation did not afford the level of protection of individuals’ physical safety that was required in contemporary democratic societies in Europe.
Accordingly, it was not established that the use of force to which the applicant had been subjected had been an appropriate response to the situation from the standpoint of the requirements of Article 3 of the Convention or that it had been proportionate to the aim sought to be achieved, namely the dispersal of a non-peaceful gathering. The seriousness of the applicant’s head injuries was not consistent with the use by the police of a degree of force made strictly necessary by his conduct.
Conclusion: violation (unanimously).
Article 41: EUR 15,000 in respect of pecuniary and non-pecuniary damage.
Article 46: There had been a violation of Article 3 of the Convention because it had not been established that the use of force to which the applicant had been subjected had been an appropriate response to the situation. Furthermore, at the material time, Turkish law had not contained any specific provisions regulating the use of tear gas canisters during demonstrations, nor had any guidelines on their use been issued to the law-enforcement agencies. The Court noted that on 15 February 2008 a circular laying down the conditions governing the use of tear gas had been sent to all the security forces. Nevertheless, the safeguards surrounding the proper use of tear gas canisters needed to be strengthened by means of more detailed legislation and/or regulations, in order to minimise the risk of death or injury resulting from their use.

44827/08 – Legal Summary, [2013] ECHR 839
Bailii
European Convention on Human Rights
Cited by:
CitedNicklinson and Another, Regina (on The Application of) SC 25-Jun-2014
Criminality of Assisting Suicide not Infringing
The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 20 November 2021; Ref: scu.515421

Wright v Commissioner of Police for The Metropolis: QBD 11 Sep 2013

The claimant sought damages for false imprisonment and infringement of his human rights in the manner of the defendant’s management of a demonstration in which he was involved. The issue was whether ilce action was justified on the basis that the defendant’s actions were likely to encourage others to breach the peace.
Held: The police officers honestly believed that a breach of the peace was about to occur; the key question is: did the officers have reasonable grounds for that belief: ‘there would be a real danger of falling into the trap of circularity of reasoning which both the Claimant and Mr Southey forcibly mentioned. If, ex hypothesi, there are no reasonable grounds, how can the police create those grounds by informing protesters that unless they comply they will be arrested? Although the Defendant’s position was that a reasonable protester would want to enter the pen, I can see the force of the argument that this assumes too much and places a form of burden of persuasion or justification on the Claimant. In truth, the onus is on the police to justify containment and the protester is quite entitled to say: ‘I am not causing a breach of the peace: let me stand on my rights’.’
However, as matters progressed, the police did come to have reasonable grounds as required, and ‘Had it not been for the Claimant’s own actions, I am far from convinced that the other matters prayed in aid by CI Osborn would have been sufficient. The refusal to go into the pen could well be regarded as protesters standing on their rights. On the other hand, protesters who claimed that they wanted to leave the scene, were let out of the pen, and then rekindled their protest elsewhere placed themselves in a different category: they were not simply standing on their rights; they had misled the police and could therefore be regarded as untrustworthy.’

Jay J
[2013] EWHC 2739 (QB)
Bailii
European Convention on Human Rights 5 10 11
England and Wales
Citing:
CitedRegina v Howell (Errol) CACD 1981
The court considered the meaning of the legal concept of a breach of the peace.
Held: The essence is to be found in violence or threatened violence. ‘We entertain no doubt that a constable has a power of arrest where there is reasonable . .
CitedRegina v Nicol and Selvanayagam QBD 10-Nov-1995
The appellants appealed a bind-over for a finding that each appellant had been guilty of conduct whereby a breach of the peace was likely to be occasioned. The appellants, concerned about cruelty to animals, had obstructed an angling competition by . .
CitedAustin and Others v The United Kingdom ECHR 15-Mar-2012
Grand Chamber – The applicants complained that their restriction within a police cordon (a measure known as ‘kettling’) for up to seven hours during the course of a demonstration in central London amounted to a deprivation of their liberty in breach . .
CitedSelvanayagam v United Kingdom ECHR 12-Dec-2002
Any presumption of law which had operated against the applicant had been within reasonable limits, had taken account of the importance of what was at stake and had maintained the rights of the defence. . .
CitedLaporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. . .
CitedMengesha v Commissioner of Police of The Metropolis Admn 18-Jun-2013
The claimant was an observer at a demonstration in central London. Along with others she was detained within a police cordon. She was told she would not be released until she allowed herself to be photographed. This was done in an aggressive and . .
CitedAustin and Others v The United Kingdom ECHR 15-Mar-2012
Grand Chamber – The applicants complained that their restriction within a police cordon (a measure known as ‘kettling’) for up to seven hours during the course of a demonstration in central London amounted to a deprivation of their liberty in breach . .

Lists of cited by and citing cases may be incomplete.

Police, Torts – Other, Human Rights

Updated: 20 November 2021; Ref: scu.515379

The Chief Constable of The West Yorkshire Police, Regina (on The Application of) v Independent Police Complaints Commission: Admn 11 Sep 2013

The Chief Constable complained that in its investigation of a complaint against an offer by a member of the public, the IPCC had exceeded the permissible bounds.

Jeremy Richardson QC HHJ
[2013] EWHC 2698 (Admin), [2014] PTSR 242, [2013] WLR(D) 349
Bailii, WLRD
Police Reform Act 2002 22
England and Wales

Police

Updated: 20 November 2021; Ref: scu.515309

O’Hara v Chief Constable of the Royal Ulster Constabulary: HL 21 Nov 1996

Second Hand Knowledge Supports Resaobnable Belief

The plaintiff had been arrested on the basis of the 1984 Act. The officer had no particular knowledge of the plaintiff’s involvement, relying on a briefing which led to the arrest.
Held: A reasonable suspicion upon which an arrest was founded need not be based on the arresting officer’s own observations. All that is required is a genuine and reasonably based suspicion in the mind of the officer. The test as to whether there are reasonable grounds for suspicion to justify an arrest is partly subjective, in that the arresting officer must have formed a genuine suspicion that the person being arrested was guilty of an offence, and partly objective, in that there must be reasonable grounds for forming such a suspicion. Such grounds can arise from information received from another, even if it subsequently proves to be false, provided that a reasonable man, having regard to all the circumstances, would regard them as reasonable grounds for suspicion.
Lord Hope considered what was the level of suspicion necessary to found a valid arrest under the section, saying: ‘My Lords, the test which s 12(1) of the 1984 Act has laid down is a simple but practical one. It relates entirely to what is in the mind of the arresting officer when the power is exercised. In part it is a subjective test, because he must have formed a genuine suspicion in his own mind that the person has been concerned in acts of terrorism. In part also it is an objective one, because there must also be reasonable grounds for the suspicion which he has formed. But the application of the objective test does not require the court to look beyond what was in the mind of the arresting officer. It is the grounds which were in his mind at the time which must be found to be reasonable grounds for the suspicion which he has formed. All that the objective test requires is that these grounds be examined objectively and that they be judged at the time when the power was exercised.’
Lord Steyn said: ‘Certain general propositions about the powers of constables under a section such as section 12(1) can now be summarised. (1) In order to have a reasonable suspicion the constable need not have evidence amounting to a prima facie case. Ex hypothesi one is considering a preliminary stage of the investigation and information from an informer or a tip-off from a member of the public may be enough: Hussien v. Chong Fook Kam [1970] A.C. 942, 949. (2) Hearsay information may therefore afford a constable a reasonable ground to arrest. Such information may come from other officers: Hussien’s case, ibid. (3) The information which causes the constable to be suspicious of the individual must be in existence to the knowledge of the police officer at the time he makes the arrest. (4) The executive ‘discretion’ to arrest or not as Lord Diplock described it in Mohammed-Holgate v. Duke [1984] A.C. 437, 446, vests in the constable, who is engaged on the decision to arrest or not, and not in his superior officers.’ and
‘For obvious practical reasons police officers must be able to rely upon each other in taking decisions as to whom to arrest or where to search and in what circumstances. The statutory power does not require that the constable who exercises the power must be in possession of all the information which has led to a decision, perhaps taken by others, that the time has come for it to be exercised. What it does require is that the constable who exercises the power must first have equipped himself with sufficient information so that he has reasonable cause to suspect before the power is exercised.’

Lord Hope of Craighead
Gazette 15-Jan-1997, Times 13-Dec-1996, [1996] UKHL 6, [1997] AC 286, [1997] 1 All ER 129, [1997] 2 WLR 1, [1996] NI 8, [1997] Crim LR 432, [1997] 1 Cr App Rep 447
House of Lords, Bailii
Prevention of Terrorism (Temporary Provisions) Act 1984 12(1)
England and Wales
Citing:
CitedCastorina v Chief Constable of Surrey CA 10-Jun-1988
Whether an officer had reasonable cause to arrest somebody without a warrant depended upon an objective assessment of the information available to him, and not upon his subjective beliefs. The court had three questions to ask (per Woolf LJ): ‘(a) . .
CitedHussien v Chong Fook Kam PC 7-Oct-1969
(Malaysia) The Board considered the propriety of an arrest by the police. Lord Devlin said: ‘An arrest occurs when a police officer states in terms that he is arresting or when he uses force to restrain the individual concerned. It occurs also when . .
DistinguishedMcKee v Chief Constable for Northern Ireland HL 1984
The House considered the state of mind of an officer required to allow an arrest under the section.
Held: Lord Roskill said: ‘On the true construction of section 11(1) of the statute, what matters is the state of mind of the arresting officer . .

Cited by:
CitedJarrett 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 . .
CitedKeegan and Others v Chief Constable of Merseyside CA 3-Jul-2003
The police had information suggesting (wrongly) that a fugitive resided at an address. An armed raid followed, and the claimant occupant sought damages.
Held: The tort of malicious procurement of a search warrant required it to be established . .
MentionedCumming and others v Chief Constable of Northumbria Police CA 17-Dec-2003
The six claimants sought damages for wrongful arrest and false imprisonment. Each had been arrested on an officer’s suspicion. They operated CCTV equipment, and it appeared that tapes showing the commission of an offence had been tampered with. Each . .
CitedA, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department CA 11-Aug-2004
The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence . .
CitedAl-Fayed and others v Commissioner of Police of the Metropolis and others CA 25-Nov-2004
The appellants appealed from dismissal of their claims for wrongful imprisonment by the respondent. Each had attended at a police station for interview on allegations of theft. They had been arrested and held pending interview and then released. Mr . .
Appeal fromO’Hara v The United Kingdom ECHR 16-Oct-2001
Hudoc Judgment (Merits and just satisfaction) No violation of Art. 5-1; Violation of Art. 5-3; Violation of Art. 5-5; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award
CitedCoudrat v Revenue and Customs CA 26-May-2005
The claimant appealed against dismissal of his claim for false imprisonment and malicious prosecution against the Customs and Excise. He was arrested and held accused of VAT fraud. Proceedings were discontinued. He had signed an application for . .
CitedSaik, Regina v HL 3-May-2006
The defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it . .
CitedMB, Re, Secretary of State for the Home Department v MB Admn 12-Apr-2006
The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq.
Held: The section allowed the Secretary of State to impose any necessary conditions, but . .
CitedHough v Chief Constable of Staffordshire Police CA 14-Feb-2001
Where a constable arrested someone based upon information on the police national computer, he was not to be held accountable for wrongful arrest and false imprisonment, if the information upon which that had in turn been based, did not justify the . .
CitedCommissioner of Police of the Metropolis v Raissi CA 12-Nov-2008
The Commissioner appealed against an award of damages for false imprisonment. The claimant had been arrested shortly after a terrorist attack. The judge had held that they had no reasonable belief of his involvement. The Commissioner did not now . .
CitedAlexander, Farrelly and Others, Re Judicial Review QBNI 5-Mar-2009
Each claimant said that they had been wrongfully arrested, the arresting police officers having either failed to ask whether the arrest was necessary (Farrelly), or mistakenly concluding so.
Held: The Order now contained in regulation . .
CitedMercury Tax Group Ltd and Another, Regina (On the Application of) v HM Revenue and Customs and Others Admn 13-Nov-2008
The claimant sought judicial review of the lawfulness of search warrants given to the Commissioners and executed at their various offices. The Revenue had suspect the dishonest implementation of a tax avoidance scheme. The claimants said that there . .
CitedArmstrong v Chief Constable of West Yorkshire Police CA 5-Dec-2008
The Chief Constable appealed against a finding that the claimant had been arrested for rape without reasonable grounds. A description of the rapist had been given which the claimant met in several respects, but from which he clearly differed in . .
CitedHayes v Merseyside Police CA 29-Jul-2011
The claimant had been arrested after a complaint of harassment. The officer then contacted the complainant who then withdrew his complaint. The officer went to visit the complainant to discuss it further. On his return the claimant was released from . .
CitedHowarth v Commissioner of Police of The Metropolis QBD 3-Nov-2011
howarth_cmpQBD2011
The claimant sought judicial review of a decision to search him whilst travelling to a public protest in London. A previous demonstration involving this group had resulted in criminal damage, but neither the claimant nor his companions were found to . .
CitedFitzpatrick and Others v The Commissioner of Police of The Metropolis QBD 11-Jan-2012
fitzpatrick_compolQBD2012
The claimants, two solicitors and their employer firm sought damages alleging trespass and malicious procurement by police officers in obtaining and executing search warrants against the firm in 2007 when they were investigating suspected offences . .
CitedMcCann v Crown Prosecution Service Admn 21-Aug-2015
Appeal by case stated against conviction for obstructing a police officer in the execution of his duty. The appellant had been protesting. She, correctly, thought the land to be a rivate highway. The police officer had thought it a public hghway and . .
CitedLane and Another, Regina v SC 11-Jul-2018
The defendants were to be tried for allegedly sending funds abroad to support terrorism. The court now considered the meaning of the phrase ‘reasonable cause to suspect’ in the context of the anticipated use of the funds: ‘Does it mean that the . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Police, Criminal Practice

Leading Case

Updated: 20 November 2021; Ref: scu.135035

MA v Cyprus: ECHR 23 Jul 2013

ECHR Article 5-1
Deprivation of liberty
Transfer and stay at police headquarters of a group of immigrants with a view to identifying and deporting unlawful residents: violation
Facts – The applicant, a Syrian national of Kurdish origin, fled Syria in 2005 and made an unsuccessful claim for asylum in Cyprus. His file was reopened by the asylum service in 2008 because new information had been received. In 2010, while the re-opened asylum proceedings were still pending, the applicant joined a round-the-clock protest that was being staged against the Government’s asylum policy. The authorities decided to remove the protestors, citing unsanitary conditions, the illegal use of electricity and complaints from members of the public. Early one morning in June 2010 250 police officers descended on the encampment, escorted the protesters to waiting buses and took them to police headquarters with a view to determining their immigration status. Those who were found to be refugees or bona fide asylum-seekers were allowed to leave. Those whose presence in the country was found to be unlawful were detained with a view to deportation. 22 protestors were deported on the same day and 44 others, including the applicant, were charged with unlawful stay and transferred to detention centres in Cyprus. The applicant was considered by the authorities to be unlawfully staying in the Republic and deportation and detention orders were issued against him despite the pending asylum proceedings. The next day, the applicant and 43 other people of Kurdish origin submitted a request to the European Court for interim measures under Rule 39. The Court indicated to the Cypriot Government that they should not be deported until the Court had had the opportunity to receive and examine all documents pertaining to their claims. In August 2010 the Minister of the Interior declared the applicant an irregular immigrant on public order grounds, relying on allegations that he had received money from prospective Kurdish immigrants in exchange for residence and work permits in Cyprus. New deportation and detention orders were issued on that basis and the previous ones cancelled. The Rule 39 interim measure in respect of the applicant was reviewed by the European Court in September 2010 and maintained. The applicant brought habeas corpus proceedings before the domestic courts to complain of his detention. Ultimately, in 2012, his appeal to the Supreme Court was dismissed as, in the meantime, in May 2011, he had been released after being granted refugee status.
Law – Articles 2 and 3: The applicant had been granted refugee status and was no longer at risk of deportation to Syria and could therefore not claim to be a victim of violations of his rights under those Articles.
Conclusion: inadmissible (incompatible ratione personae).
Article 13 in conjunction with Articles 2 and 3: The applicant’s complaints under Articles 2 and 3 had been arguable, so he could rely on Article 13. Although the decision to grant him refugee status had removed the risk that he would be deported, it had not acknowledged and afforded redress for his claim that the judicial-review proceedings were ineffective. He could therefore still claim to be a ‘victim’ in respect of that complaint.
Where a complaint suggested that an applicant’s expulsion might expose him or her to a real risk of treatment contrary to Articles 2 or 3, an effective remedy had to be such as to prevent the execution of measures that were contrary to the Convention and whose effects were potentially irreversible; this required close scrutiny by a national authority, a particularly prompt response and automatic suspensive effect. At the time the deportation and detention orders were issued, the applicant’s file was under consideration by the asylum service and such proceedings were, under the domestic law, suspensive in nature. The applicant had thus been lawfully in Cyprus and should not have been subject to deportation. Nonetheless the deportation order had remained in place for several months while the asylum proceedings were still pending, and the only reason he had not been deported to Syria was because Rule 39 had been applied. As admitted by the Government, that situation had arisen as a result of an error by the authorities. No effective domestic judicial remedy had been available to counter that error. Moreover, there had been a lack of effective safeguards to protect the applicant from wrongful deportation. In particular, recourse to the Supreme Court for annulment of a deportation order and an application for a provisional order to suspend deportation did not have automatic suspensive effect. In so far as the Government had argued that the latter remedy was suspensive ‘in practice’, the requirements of Article 13 and other provisions of the Convention took the form of guarantees and not mere statements of intent or practical arrangements. In sum, the applicant had not had an effective remedy in relation to his complaint under Articles 2 and 3.
Conclusion: violation (unanimously).
(See in this connection Gebremedhin [Gaberamadhien] v. France, no. 25389/05, 26 April 2007, Information Note 96; and De Souza Ribeiro v. France [GC], no. 22689/07, 13 December 2012, Information Note 158)
Article 5-1: In order to evaluate the lawfulness of the applicant’s detention, the Court identified three distinct stages.
First, regarding his transfer to the police headquarters, the protesters had been left with little choice but to board the buses and remain at the headquarters. Given the coercive nature, scale and aim of the police operation, including the fact that it had been carried out so early in the morning, there had been a de facto deprivation of liberty. As to the legal basis for that deprivation of liberty, the Government had relied on the police’s statutory powers and duties of arrest and to preserve order on the public highway and regulate movement. However, they had not claimed that any of those powers had actually been used to effect the applicant’s arrest. It was clear that the aim of the operation had also been to identify those protesters who were unlawfully on the territory with a view to deporting them. The authorities had considered that it would have been impossible to carry out an effective on-the-spot inquiry without provoking a violent reaction and so had taken the protesters to police headquarters. While the Court was conscious of the difficult situation in which the Cypriot authorities had found themselves, that could not justify measures giving rise to a deprivation of liberty without any clear legal basis. The applicant’s deprivation of liberty during that period had, therefore, been contrary to Article 5 -1.
Second, the applicant’s detention on the basis of the deportation and detention orders issued in June 2010 had been unlawful, as the orders were issued by mistake at a time when he had lawful resident status because the re-examination of his asylum application was still pending.
Finally, the procedure prescribed by law had not been followed in respect of the applicant’s detention from August 2010 until his release in May 2011, as he had not been given notice of the new deportation and detention orders in accordance with the domestic law.
Overall, the applicant’s entire period of detention namely, from June 2010 until May 2011, had been in breach of Article 5-1.
Conclusion: violation (unanimously).
(See Austin and Others v. the United Kingdom [GC], nos. 39692/09, 40713/09 and 41008/09, 15 March 2012, Information Note 150; and Medvedyev and Others v. France [GC], no. 3394/03, 29 March 2010, Information Note 128).
Article 4 of Protocol No. 4: All the persons concerned had had an individual examination of their personal circumstances. In particular, their asylum applications had been dealt with on an individual basis over a period of more than five years. Those who had appealed had had their appeals individually examined and dismissed. Separate letters had been sent by the asylum authorities to the persons concerned informing them of the relevant decisions. The authorities had carried out a background check with regard to each person before issuing the orders and separate deportation and detention orders had been issued in respect of each person. Individual letters had also been prepared informing the persons detained of the authorities’ decision to detain and deport them. The fact that the protesters, including the applicant, had been taken together to the police headquarters, that some had been deported in groups, or that deportation orders and letters had been phrased in similar terms and therefore had not specifically referred to the asylum decisions, was not itself indicative of a collective measure within the meaning attributed to that term by the Court’s case-law. Although a mistake had been made in relation to the status of some of the persons concerned, including the applicant, that fact, while unfortunate, could not be taken as showing that there had been a collective expulsion.
Conclusion: no violation (unanimously).
The Court also found no violation of Article-2 and a violation of Article 5-4 (speediness of review).
Article 41: EUR 10,000 in respect of non-pecuniary damage.

41872/10 – Legal Summary, [2013] ECHR 775
Bailii
European Convention on Human Rights
Citing:
JudgmentMA v Cyprus ECHR 23-Jul-2013
. .

Cited by:
See AlsoMA v Cyprus ECHR 23-Jul-2013
. .

Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 19 November 2021; Ref: scu.515134

Izci v Turkey: ECHR 23 Jul 2013

ECHR Article 46
Respondent State required to take measures to ensure respect by law-enforcement officials of right to peaceful assembly
Facts – On 6 March 2006 the applicant took part in a demonstration in Istanbul to celebrate Women’s Day which ended in clashes between police and protesters. Video footage of the events showed police officers hitting a large number of demonstrators with their truncheons and spraying them with tear gas. Women who had taken refuge in shops were dragged out by the police and beaten up. According to the report of an expert appointed by the Turkish authorities to examine the video footage, police officers had not issued any warnings to disperse demonstrators before attacking them. The demonstrators, for their part, had not tried to respond to the attack but had only tried to flee. The applicant sustained bruising all over her body and lodged an official complaint against the police officers she considered responsible for her ill-treatment. Of a total of 54 police officers accused of causing injuries by the use of excessive force at the demonstration, 48 were acquitted for lack of evidence. The six remaining officers were sentenced to terms of imprisonment ranging from five to twenty-one months, but the proceedings against them were discontinued under the statute of limitations.
Law – The Court unanimously found violations of the substantive and procedural aspects of Article 3 of the Convention through the use of disproportionate force and lack of an effective investigation, and a violation of Article 11 on account of the failure to respect her right to freedom of assembly.
Article 46 – The Court had already found in over 40 judgments against Turkey that the heavy-handed intervention of law-enforcement officials in demonstrations had amounted to a violation of Article 3 and/or Article 11 of the Convention. The common feature of those cases was the failure of the police forces to show a certain degree of tolerance towards peaceful gatherings and, in some instances, the precipitate use of force, including tear gas, by the police. In over 20 of the judgments, the Court had already observed the failure of the Turkish investigating authorities to carry out effective investigations into allegations of ill-treatment by law-enforcement personnel during demonstrations. It further stressed that 130 applications against Turkey concerning the right to freedom of assembly and/or use of force by law-enforcement officials during demonstrations were currently pending.
Having classified these problems as ‘systemic’, the Court requested the Turkish authorities to adopt general measures in order to prevent further similar violations in the future. In particular, it asked the Turkish authorities to take steps to ensure that the police act in accordance with Articles 3 and 11 of the Convention, that the judicial authorities conduct effective investigations into allegations of ill-treatment in conformity with the obligation under Article 3 and in such a way as to ensure the accountability of senior police officers also. Finally, the Court highlighted the need for a clearer set of rules to be adopted as regards the use of violence and weapons such as tear gas during demonstrations, especially against demonstrators who do not put up violent resistance.
Article 41: EUR 20,000 in respect of non-pecuniary damage.

42606/05 – Chamber Judgment, [2013] ECHR 719, 42606/05 – Legal Summary, [2013] ECHR 789
Bailii, Bailii
European Convention on Human Rights
Human Rights

Human Rights, Police

Updated: 19 November 2021; Ref: scu.515131

Beghal v Director of Public Prosecutions: Admn 28 Aug 2013

The court considered the compatibility of the powers in Schedule 7 of the 2000 Act to ‘stop, question, and search’ with a detainee’s human rights.
Held: The powers were valid and required.

Gross LJ, Swift, Foskett JJ
[2013] EWHC 2573 (Admin), [2014] 1 All ER 529, [2014] 1 QB 607, [2014] 2 WLR 150, [2014] ACD 29
Bailii
England and Wales
Citing:
CitedSaunders v The United Kingdom ECHR 17-Dec-1996
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the . .

Cited by:
Appeal fromBeghal v Director of Public Prosecutions SC 22-Jul-2015
Questions on Entry must be answered
B was questioned at an airport under Schedule 7 to the 2000 Act, and required to answer questions asked by appropriate officers for the purpose set out. She refused to answer and was convicted of that refusal , contrary to paragraph 18 of that . .

Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 19 November 2021; Ref: scu.514945

Regina v Commissioner of Police of the Metropolis, Ex parte Blackburn: CA 1968

Answerability of Chief Constables

The constitutional status of the Commissioner had never been defined, either by statute or by the courts. By common law police officers owe to the general public a duty to enforce the criminal law. The court considered the extent to which a court could interfere with decisions made by a Chief Constable.
Lord Denning MR said: ‘Although the chief officers of police are answerable to the law, there are many fields in which they have a discretion with which the law will not interfere. For instance, it is for the Commissioner of Police of the Metropolis, or the chief constable, as the case may be, to decide in any particular case whether inquiries should be pursued, or whether an arrest should be made, or a prosecution brought. It must be for him to decide on the disposition of his force and the concentration of his resources on any particular crime or area. No court can or should give him direction on such a matter. He can also make policy decisions and give effect to them, as, for instance, was often done when prosecutions were not brought for attempted suicide.’
. . And ‘No Minister of the Crown can tell him that he must, or must not, keep observation on this place or that; or that he must, or must not, prosecute this man or that one. Nor can any police authority tell him so. The responsibility for law enforcement is on him. He is answerable to the law and to the law alone.’
The decision as to the offence for which a person is to be prosecuted is a matter for the prosecuting authority, which has a wide discretion in the matter.

Lord Denning MR
[1968] 2 QB 118, [1968] 1 All ER 763, [1968] 2 WLR 893
England and Wales
Cited by:
CitedRegina (Pretty) v Director of Public Prosecutions, and Another, Medical Ethics Alliance and Others, interveners Admn 18-Oct-2001
The function of the Director’s office is statutory, and his powers are those laid down. He is not able to excuse possible criminal conduct in advance, and nor could he establish a policy of not applying certain statutory provisions. The Suicide Act . .
CitedRegina v Chief Constable of Sussex, ex Parte International Trader’s Ferry Limited HL 2-Apr-1998
Chief Constable has a Wide Discretion on Resources
Protesters sought to prevent the appellant’s lawful trade exporting live animals. The police provided assistance, but then restricted it, pleading lack of resources. The appellants complained that this infringed their freedom of exports under . .
CitedBrooks 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, . .
CitedDepartment for Work and Pensions v Courts Admn 3-May-2006
The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, . .
CitedNorth Yorkshire Police Authority, Regina (on The Application of) v The Independent Police Complaints Commission Admn 8-Jul-2010
No Review of IPCC’s Decision to Investigate
A complainant wanted the police force to investigate his mother’s treatment in a care home. When a decision was made that no criminal activity had been revealed, he asked the Police Authority to investigate, but they declined saying that the issue . .
CitedRegina v Secretary of State for the Home Department, ex Parte Northumbria Police Authority CA 18-Nov-1987
The Authority appealed from refusal of judicial review of a circular issued by the respondent as to the supply of Plastic Baton Rounds and CS gas from central resources only. The authority suggested that the circular amounted to permission for the . .

Lists of cited by and citing cases may be incomplete.

Police, Criminal Practice

Updated: 19 November 2021; Ref: scu.183033

Banel v Lithuania: ECHR 18 Jun 2013

ECHR Article 2
Positive obligations
Article 2-1
Effective investigation
Failure to establish the responsibility of the administrative authorities for the death of a thirteen-year old boy in a public place: violation
Facts – In June 2005 the applicants’ thirteen-year old son died from injuries sustained when part of a balcony broke off from a building and fell on him while he was out playing. In September 2006 the applicant made a civil claim for non-pecuniary damage in criminal proceedings that had been instituted as a result of the accident. The prosecutor established that the city municipality had known since February 2005 that the building was in a poor state of repair and two municipal officials were indicted for failing to perform their duties. However, because the municipality was undergoing administrative changes entailing a reallocation of the duties and responsibilities, it emerged that there was no one with specific responsibility for derelict and abandoned buildings and in May 2010, after the investigation had been discontinued and re-opened several times, the charges against the two officials were dropped. Following an appeal by the applicant, the regional court upheld the decision to discontinue the criminal proceedings under the statute of limitations.
Law – Article 2: According to the Court’s case-law, the State’s obligation to protect the right to life must also involve the taking of reasonable measures to ensure the safety of individuals in public places and, in the event of serious injury or death, to require an effective and independent judicial system to be set up to secure legal means capable of establishing the facts, holding accountable those at fault and providing appropriate redress to the victim. Therefore, in cases involving non-intentional infringements of the right to life, the aforementioned positive obligations required States to adopt regulations for the protection of people’s safety in public spaces and to ensure the effective functioning of that regulatory framework. In that connection, the Court noted that the prosecutor had established that despite knowing the condition of the building the municipality had not complied with its legal duty to care for derelict buildings. On-going administrative reform could not justify inaction on the part of the authorities.
Further, although the national authorities had promptly opened a criminal investigation, the investigating officers had not acted with due diligence when collecting evidence, and had ignored possibilities of identifying those accountable, for example by bringing charges against the managers concerned. In conclusion, the criminal investigation had not been thorough and the domestic authorities had failed to display due diligence in protecting the applicant’s son’s right to life. Moreover, the legal system as a whole, faced with an arguable case of negligence causing death, had failed to provide an adequate and timely response consonant with Lithuania’s obligations under Article 2 of the Convention.
Conclusion: violation (unanimously).
Article 41: EUR 20,000 in respect of non-pecuniary damage; EUR 8,135 in respect of pecuniary damage.

14326/11 – Legal Summary, [2013] ECHR 738
Bailii
European Convention on Human Rights 2-1

Human Rights, Police

Updated: 18 November 2021; Ref: scu.514304

Richards, Regina (on The Application of) v Teesside Magistrates Court and Another: QBD 30 Jul 2013

The claimant sought to challenge the variation of a Sexual Offences prevention order made against him which had the effect of imposing a curfew on him unless subject to electronic monitoring. The The request for judicial review failed.

McCombe LJ, Stewart J
[2013] EWHC 2208 (QB)
Bailii
Sexual Offences Act 2003 104
England and Wales

Police

Updated: 18 November 2021; Ref: scu.514265

Allen and Others v Hampshire Constabulary: CA 30 Jul 2013

Appeal against striking out of claim against the respondent. She had been married to a police officer of the respondent, and she alleged that another police officer with whom her husband was having an affair began a campaign of harressment against her.
Held: The claim had been dismissed not o the law but on the facts. The appeal was dismissed.

Gross LJ
[2013] EWCA Civ 967
Bailii
Police Act 1996 88
England and Wales

Vicarious Liability, Human Rights, Police

Updated: 18 November 2021; Ref: scu.514234

Archer v The Commissioner of Police of The Metropolis: CA 12 Nov 2021

Lawfulness of the police detention of a juvenile for his own protection or in his own interests under section 38 (s. 38) of the Police and Criminal Evidence Act 1984 (PACE). The appellant contends that the provisions in s.38 entitling a custody officer to decline to order a person’s release from police detention for such reasons are incompatible with Article 5 of the European Convention of Human Rights

Dame Victoria Sharp P
[2021] EWCA Civ 1662
Bailii
European Convention on Human Rights 5
England and Wales

Police, Human Rights

Updated: 18 November 2021; Ref: scu.669788

West v Taylor-Duncan: Admn 18 Jul 2013

The claimant sought leave to bring committal proceeedings, alleging a contempt of court by the defendant police officer in filing what he said was a false statement in a document verified by a statement of truth without an honest belief in its truth.

Griffith Williams J
[2013] EWHC 2163 (QB) (Admin)
Bailii

Police, Contempt of Court

Updated: 17 November 2021; Ref: scu.513529

McDonnell v The Commissioner of Police for The Metropolis and Another: CA 14 May 2015

The claim for damages by a suspected drug dealer for assault arising from the use of excessive force during his arrest failed only on its facts.

Lord Justice Bean
[2015] EWCA Civ 565, [2015] EWCA Civ 573
Bailii, Bailii
England and Wales
Cited by:
CitedRobinson v Chief Constable of West Yorkshire Police SC 8-Feb-2018
Limits to Police Exemption from Liability
The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence.
Held: Her appeal . .

Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 17 November 2021; Ref: scu.548002

Pearce and Another, Regina (on The Application of) v Commissioner of Police of The Metropolis and Another: CA 18 Jul 2013

The appellants challenged rejection of their complaints that actions of police officers searching their ‘squats’ when executing search warrants, were unlawful in that they had been intended not as descrbed for the search for stolen goods, but rather to prevent protests against the forthcoming royal wedding.
Held: The appeals failed: ‘the timing of the execution of the warrants was the result of an operational decision which was conditioned by a desire to maximise Royal Wedding security gains but which did not mean that the dominant purpose of the search itself was anything other than that which was authorised by the lawfully obtained warrants.’

Maurice Kay VP, Patten, Fulford LJJ
[2013] EWCA Civ 866
Bailii, Gazette
Police and Criminal Evidence Act 1984 15 16
England and Wales
Citing:
CitedRegina v Guildford Crown Court, Ex Parte Director of Public Prosecutions; Regina v Southwark Crown Court, Ex Parte Bowles QBD 29-Oct-1996
The claimant objected to the use by the respondent of orders under the 1988 Act to produce records for investigation and tracing proceeds.
Held: Simon Brown LJ said: ‘In my judgment, therefore, it would be wrong to construe the words in . .
CitedRegina v Southwark Crown Court, Ex Parte Bowles (On Appeal From A Divisional Court of the Queen’s Bench Division) HL 7-Apr-1998
An application had been made for a production order under section 93H of the 1988 Act which was concerned with the recovery of the proceeds of criminal conduct. The issue was whether an order obtained for the purpose of assisting in the recovery of . .
CitedRegina v Chesterfield Justices and Others, Ex Parte Bramley QBD 10-Nov-1999
When police officers executed a search warrant, it was not proper to remove articles at large, in order later to sift through them, and then to return material not covered by the warrant. There is no absolute prohibition against removing articles . .

Lists of cited by and citing cases may be incomplete.

Police

Updated: 17 November 2021; Ref: scu.513394

Regina (on the Application of Ellis) v The Chief Constable of Essex Police: Admn 12 Jun 2003

An officer proposed to print the face of a convicted burglar on posters to be displayed in the town. The court considered the proposal. The probation service objected that the result would be to make it more difficult for him to avoid criminality on his release, and it might affect his children and wife.
Held: The court made no declaration. The scheme might be administered in a way which was lawful. It would be necessary to view each instance of the scheme in the light of the circumstances of each case.

Mr Justice Goldring The Lord Chief Justice Of England &Amp; Wales
[2003] EWHC 1321 (Admin), Times 17-Jun-2003, Gazette 10-Jul-2003
Bailii, Bailii
England and Wales
Citing:
CitedHellewell v Chief Constable of Derbyshire QBD 13-Jan-1995
The police were asked by shopkeepers concerned about shoplifting, for photographs of thieves so that the staff would recognise them. The police provided photographs including one of the claimant taken in custody. The traders were told only to show . .
CitedMarcel v Commissioner of Police of the Metropolis CA 1992
A writ of subpoena ad duces tecum had been issued requiring the production by the police for use in civil proceedings of documents seized during a criminal fraud investigation. The victim of the fraud needed them to pursue his own civil case.
CitedRaymond v Honey HL 4-Mar-1981
The defendant prison governor had intercepted a prisoner’s letter to the Crown Office for the purpose of raising proceedings to have the governor committed for an alleged contempt of court.
Held: The governor was in contempt of court. Subject . .
CitedRegina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB CA 18-Mar-1998
Public Identification of Pedophiles by Police
AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought . .
CitedRegina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB CA 18-Mar-1998
Public Identification of Pedophiles by Police
AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought . .
CitedRegina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .

Cited by:
CitedCallaghan v Independent News and Media Ltd QBNI 7-Jan-2009
callaghan_inmQBNI2009
The claimant was convicted in 1987 of a callous sexual murder. He sought an order preventing the defendant newspaper publishing anything to allow his or his family’s identification and delay his release. The defendant acknowledged the need to avoid . .

Lists of cited by and citing cases may be incomplete.

Police, Information, Media

Updated: 16 November 2021; Ref: scu.183374

Minio-Paluello v The Commissioner of Police of The Metropolis: QBD 16 Dec 2011

The Claimant sought damages for assault (or battery) and/or in negligence arising out of serious injuries which she suffered in the course of a pro-Palestinian demonstration. She was pulled up from the ground by a police officer with excessive force.
Held: She was entitled to damages for assault.

Eder J
[2011] EWHC 3411 (QB)
Bailii
England and Wales
Cited by:
CitedRobinson v Chief Constable of West Yorkshire Police SC 8-Feb-2018
Limits to Police Exemption from Liability
The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence.
Held: Her appeal . .

Lists of cited by and citing cases may be incomplete.

Police

Updated: 15 November 2021; Ref: scu.450077

Marshall v Osmond: CA 1983

The plaintiff was passenger in a stolen car seeking to escape the police as they chased. The car was stopped, the plaintiff got out of the car, and was hit by a police car. He sought damages.
Held: His appeal against dismissal of his claim was dismissed. A police officer was to exercise such care and skill as was reasonable in the circumstances. Though the officer might have made errors of judgment, he had not in fact been negligent. Though the claimant had helped to create the circumstances which gave rise to the accident, the defence of volenti non fit injuria did not apply.
Sir John Donaldson MR said: ‘I think that the duty owed by a police driver to the suspect is, as Mr Spokes, on behalf of the plaintiff, has contended, the same duty as that owed to anyone else, namely to exercise such care and skill as is reasonable in all the circumstances. The vital words in that proposition of law are ‘in all the circumstances’, and of course one of the circumstances was that the plaintiff bore all the appearance of having been somebody engaged in a criminal activity for which there was a power of arrest.’
and ‘As I see it, what happened was that this police officer pursued a line in steering his car which would, in the ordinary course of events, have led to his ending up sufficiently far away from the Cortina to clear its open door. He was driving on a gravelly surface at night in what were no doubt stressful circumstances. There is no doubt that he made an error of judgment because, in the absence of an error of judgment, there would have been no contact between the cars. I am far from satisfied on the evidence that the police officer was negligent.’

Sir John Donaldson MR, Dillon LJ, Sir Denis Buckley
[1983] 2 All ER 367, [1983] 1 QB 1034, [1983] 3 WLR 13
England and Wales
Citing:
CitedAshton v Turner QBD 1981
The plaintiff sought damages after being injured as a passenger in a car. He and the driver had both just been involved in a burglary, and the driver, who had taken alcohol was attempting to escape. The driver was driving very dangerously in order . .

Cited by:
CitedKeyse v Commissioner of the Police for the Metropolis, Scutts CA 18-May-2001
The court considered liability where a police car on emergency duty hit Mr Scutts causing very serious injuries. The officer appealed against a finding of liability saying that the judge had declared irrelevant the fact he was on an emergency . .
AppliedHenry v Thames Valley Police CA 14-Jan-2010
The claimant appealed against rejection of his claim for damages after he had been injured when a police car following him ran over his leg. He had been riding a motorcycle and apparently seeking to escape them. He had stopped and was talking to one . .
CitedMacleod (By His Deputy and Litigation Friend, Macleod) v Commissioner of Police of The Metropolis QBD 3-Apr-2014
macleod_cpmQBD0414
The claimant sought damages after being severely injured when knocked from his cycle by police officers in a car attending an emergency, and driving over the speed limit.
Held: The claim succeeded, and there had been no contributory negligence . .
CitedRobinson v Chief Constable of West Yorkshire Police SC 8-Feb-2018
Limits to Police Exemption from Liability
The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence.
Held: Her appeal . .

Lists of cited by and citing cases may be incomplete.

Police, Negligence, Road Traffic

Updated: 15 November 2021; Ref: scu.190025

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 police requested a clinic to carry out a psychiatric examination of the applicant following complaints they had received from neighbours about her behaviour. Seven months later, relying exclusively on evidence from the police that the applicant had at the time refused to consent to a voluntary examination, a psychiatrist at the clinic filed an application with a district court for her involuntary examination. The request was granted in the applicant’s absence on 18 August 2006. On 1 December 2006, at the clinic’s request, the applicant was apprehended by the police and taken to a police station where she was held for four hours before being transferred to a psychiatric hospital where she was eventually informed of the court order. Her appeals against the decision authorising her involuntary examination were dismissed. In her application to the European Court, she complained of an unlawful deprivation of her liberty at the police station on 1 December 2006.
Law – Article 5-1 (b): The purpose of the district court’s order of 18 August 2006 was not to authorise the applicant’s involuntary hospitalisation as a person of ‘unsound mind’ in accordance with Article 5-1 (e) but to ensure she submitted to a psychiatric examination she had allegedly refused. The restrictions on her rights had therefore relied on the exception set out in Article 5-1 (b), which allowed deprivation of liberty in order to ensure compliance with ‘a lawful order of a court’. Therefore, the Court had to determine whether the court order had been lawful and enforced in compliance with that provision.
Under Russian law, involuntary psychiatric examinations could only be conducted in exceptional circumstances, and only in the event that the refusal to have an examination was duly recorded by a psychiatrist, supported by evidence and reviewed by a judge. For her part, the applicant asserted that she had never refused consent. From the material before the Court, it could be seen that her alleged lack of consent had only been mentioned in the application for an involuntary examination and was substantiated solely on the basis of a conversation the psychiatrist had had with a police officer seven months earlier. Even more importantly, the district court had authorised her involuntary examination without duly verifying whether she had in fact objected to the examination in her conversation with the police officer or whether she had changed her mind since. The district court’s order of 18 August 2006 had therefore been unlawful.
As regards its enforcement by the Russian authorities, the Court reiterated that persons deprived of their liberty for non-compliance with a lawful order of a court had to have had an opportunity to comply and have failed to do so, either implicitly or explicitly. A refusal to undergo certain measures suggested by the authorities (a healthcare institution and the police in the present case) prior to such measures being ordered by a court, did not necessarily imply refusal to comply with an authoritative judicial decision. In fact, there was no evidence that the applicant had been informed of the order of 18 August 2006 or given an opportunity to comply with it. On 1 December 2006, whilst unaware of the order that had been issued three months earlier, she had unexpectedly been taken to a police station where, instead of being transferred directly to a psychiatric facility for examination, she had been detained for four hours. No reason had been given as to why her detention in the police station had been necessary for the enforcement of the order. Her detention had therefore been unlawful.
Conclusion: violation (unanimously).
Article 41: EUR 3,000 in respect of non-pecuniary damage.

28796/07 – Legal Summary, [2013] ECHR 606
Bailii
European Convention on Human Rights
Human Rights
Cited by:
Legal SummaryPetukhova v Russia ECHR 2-May-2013
. .

Lists of cited by and citing cases may be incomplete.

Police

Updated: 15 November 2021; Ref: scu.512070

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 Londonderry in May, June and July 2010. The applicant, a child who was born in July 1996, claims one of the images released by the PSNI and published in two local newspapers is an image of him. He seeks judicial review on the single ground that ‘the use of the operation known as Operation Exposure to identify and highlight children and young persons involved in criminal activity as part of a name and shame policy without due process is in breach of the applicant’s rights pursuant to Article 8 of the European Convention on Human Rights’.
Held: The claim failed: ‘The police are under a duty to protect the community and to prevent and investigate criminal acts. One aspect of their investigations will involve the gathering of evidence and exhibits. The photographs represent real time evidence of alleged criminal acts. The police must be entitled to make use of such evidence in seeking to identify offenders by name. Their use in any criminal trial will be governed by the rules relating to the admissibility of evidence. Of course the police must be sensitive to the nature of the evidence which they may wish to publicise. In this instance the police exercised care in carrying out Operation Exposure and were sensitive to the issues involved, conscious that many of those photographed were young people. They engaged with the local community but in particular they carried out a human rights assessment of what they proposed to do. This was extremely comprehensive and went much beyond what, in my view, they were required to do.’
As to whether Article 8 was engaged, Morgan LCJ said: ‘In this case the photograph is not just an image of the child. It is part of a context which discloses to the public that the child in the image is at least wanted for interview in connection with possible involvement in serious public disturbances. At the time of publication it had not been established that the child had participated in any offence. The domestic and international provisions set out at paras 23 to 26 above [section 53 of the Justice (Northern Ireland) Act 2002, article 22 of the Criminal Justice (Children) (Northern Ireland) Order 1998, the Beijing Rules, the United Nations Convention on the Rights of the Child (UNCRC)] indicate the importance of respecting the privacy of children in the criminal justice system because of the risk that they will become stigmatised with a consequent effect on their reputation and standing within the community. If participation in criminal activity is established their rehabilitation may thereafter be impaired. Given the breadth of the concept of private life the publication of photographs suggesting that police wished to identify this child in connection with these serious offences was an intrusion into his private life.’
On the engagement of Article 8, Higgins LJ said: ‘The answer to the question whether a private life right exists in a public setting will be found by considering whether the person had a reasonable expectation of privacy in the public circumstances in which he placed or found himself. In this case the applicant placed himself in public view among a crowd of other persons engaged, allegedly, in public disorder. He was open to public view by anyone who happened to be watching, be they police or civilians. He took the risk of his presence and any activities being observed and noted down or otherwise recorded. What was the aspect of his private life which was in issue at that stage? None has been ventured. There must be an onus on the applicant to establish the aspect of his private life which he states is engaged at that stage or to characterise the interest which he seeks to protect. As in Kinloch there can have been no expectation of privacy in the circumstances of the instant case. The criminal nature of his activities or his presence, (if that is what they are), are not aspects of his life which he is entitled to keep private. Such activities should never be an aspect of private life for the purposes of article 8. In my view a criminal act is far removed from the values which article 8 was designed to protect, rather the contrary. In this case the applicant was photographed by the police, rather than his presence or activities simply noted down. I do not consider that is a material distinction. The photograph is probably a more accurate record of what is on-going. In my view the taking of the photographs of the claimant, in the particular circumstances of this case, did not amount to a failure to respect any aspect of the claimant’s private life within article 8(1).’

Morgan LCJ, Higgins LJ
[2013] NIQB 44
Bailii
European Convention on Human Rights 8
Northern Ireland
Cited by:
Appeal fromJR38, 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 . .
CitedNT 1 and NT 2 v Google Llc QBD 13-Apr-2018
Right to be Forgotten is not absolute
The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims . .

Lists of cited by and citing cases may be incomplete.

Police, Media, Human Rights, Children

Updated: 14 November 2021; Ref: scu.511140

Goode, Regina (on The Application of) v The Crown Court At Nottingham: Admn 20 Jun 2013

The claimant challenged the validity of search warrants. He was being investigated on suspicion of conspiracy to pervert the course of justice. That allegation was later dropped.

Pitchford LJ, Burnett J
[2013] EWHC 1726 (Admin)
Bailii
England and Wales
Cited by:
CitedMills 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 . .

Lists of cited by and citing cases may be incomplete.

Legal Professions, Criminal Practice, Police

Updated: 14 November 2021; Ref: scu.510947

Mengesha v Commissioner of Police of The Metropolis: Admn 18 Jun 2013

The claimant was an observer at a demonstration in central London. Along with others she was detained within a police cordon. She was told she would not be released until she allowed herself to be photographed. This was done in an aggressive and intimidating manner. She said that this was involuntary and that it had been unlawful.
Held: The photographs had been obtained unlawfully and must be destroyed. They could not be retained.

Moses LJ, Wyn Williams J
[2013] EWHC 1695 (Admin)
Bailii, Bailii
Cited by:
CitedAB 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 . .
CitedWright v Commissioner of Police for The Metropolis QBD 11-Sep-2013
The claimant sought damages for false imprisonment and infringement of his human rights in the manner of the defendant’s management of a demonstration in which he was involved. The issue was whether ilce action was justified on the basis that the . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Information, Police

Updated: 14 November 2021; Ref: scu.510923

Aslakhanova And Others v Russia: ECHR 18 Dec 2012

ECHR Article 46-2
Execution of judgment
Measures of a general character
Respondent State required to take measures to resolve systemic problems with criminal investigations into missing persons
Facts – The cases concerned five joined applications lodged by families who complained about the disappearance of their eight male relatives in Grozny or the Grozny District between March 2002 and July 2004. The facts of the cases were similar in both the style of the abductions, which were conducted in a manner resembling a security operation, and the resulting criminal investigations, which remained pending without having produced any tangible results. The parties disputed the level of State involvement in the disappearances as well as whether the abducted men could be presumed dead.
Law – Following an analysis of the disputed facts, the Court found it established that the applicants’ family members must be presumed dead following their unacknowledged detention by State agents. Accordingly, a substantive violation of Article 2 was found. The Court also found a procedural violation of Article 2 on account of the failure to carry out effective investigations into the disappearances. In doing so, it noted that the criminal investigations in these cases had suffered similar defects to those in other cases concerning disappearances in Chechnya and Ingushetia. The Court also found a violation of Article 3 on account of the distress and anguish suffered by the families of the abducted men and a ‘particularly grave’ violation of Article 5 as the applicants’ relatives had been held in detention by State agents without legal grounds or acknowledgement. Lastly, the Court held that there had been a violation of Article 13 as, while the Russian Code of Criminal Procedure provided for the possibility of judicial review of investigators’ decisions, the Court was not satisfied that this provided an adequate remedy where, as in this case, the investigations were repeatedly adjourned and reopened.
Article 46: Violations of the same rights had regularly been found in similar cases against the Russian Federation, the majority of which concerned disappearances in Chechnya and Ingushetia between 1996 and 2006. More than 120 judgments had been adopted by September 2012 with more applications communicated or pending.
The Court stressed that Article 2 rights would be rendered illusory if an applicant’s victim status were to be remedied by damages alone. There is a clear obligation to conduct effective investigations capable of leading to the identification and punishment of those responsible. In cases of missing persons, there arises an additional obligation of investigating in order to locate the missing person or find out what happened to him or her. Article 3 also requires that the State should be compassionate and respectful to relatives of deceased or missing persons and that it should assist in obtaining information and uncovering facts.
With regard to the number of applications before the Court concerning similar issues, the Court found that the Russian Federation had systemic problems with investigating disappearances. This was attested in particular by reports of the Council of Europe Committee of Ministers which showed that the problems remained largely unresolved. The Court was therefore compelled to provide some guidance on certain measures that had to be taken, as a matter of urgency, to address these systemic failures. These measures fall into two principal groups:
(a) Situation of the victims’ families – This was the more pressing group of measures as ineffective criminal investigations resulted in a sense of acute helplessness and confusion on the part of the victims’ families. A key proposal of the Court was for the State to establish a single, sufficiently high-level body responsible for solving disappearances in the region, which would enjoy unrestricted access to all relevant information, would work on the basis of partnership with the families, and could compile a unified database of disappearances.
In addition, the Court stated that greater resources should be allocated to the forensic and scientific work necessary for the investigations.
The Court welcomed the State’s developments towards better compensating victims’ families. It noted that substantial compensation, coupled with a clear and unequivocal admission of State responsibility for the relatives’ frustrating and painful situation, could resolve Article 3 issues.
(b) Effectiveness of the investigation – Even where Article 3 concerns were resolved, there was a continuing obligation to investigate the situations of known or presumed deaths of individuals, where there was at least prima facie evidence of State involvement. The Court reaffirmed its position in Varnava and Others where it was noted that, inter alia: insufficient evidence resulting from delay in investigating could not absolve the State from making the requisite investigative efforts; a preference for a ‘politically-sensitive’ approach to avoid drawing attention to the circumstances of the disappearances could have no bearing on the application of the Convention; and investigations should be prompt, independent, under public scrutiny, and capable of leading to a determination of whether the death was caused unlawfully and, if so, to the identification and punishment of those responsible.
While the Court recognised the problem of illegal militant groups facing the Russian Federation, it also considered it possible to ensure accountability of the anti-terrorist and security services without compromising the legitimate need to combat terrorism. In view of the similar patterns surrounding the cases, it was held to be vital to form a general strategy to help elucidate a number of questions common to the cases as well as to review the adequacy of current existing legal definitions of relevant criminal acts.
Additionally, the Court judged that there should be stronger cooperative efforts between investigating authorities and the military and security agencies. This would demand that the investigators be given the power to identify the agencies responsible for capturing insurgents and to retrieve important records including details of personnel involved in operations concerning the subject matter of the investigation and of the passage of service vehicles through security roadblocks. More generally, investigators should be given unhindered access to the relevant data of the military and security agencies and it was necessary to ensure that the investigation and its supervision was not entrusted to persons or structures potentially implicated in the events at issue.
It was stressed that relatives should have better access to case files, particularly where the cases had been suspended. It was also found that invoking the statute of limitations as a bar to investigation would be contrary to the State’s Article 2 obligations.
Considering the serious and continuous nature of the alleged violations, the Court declined to adjourn similar cases.
Article 41: Sums ranging between EUR 14,000 and EUR 16,000 in respect of pecuniary damage. Sums ranging between EUR 60,000 and EUR 120,000 in respect of non-pecuniary damage.

2944/06 – CLIN, [2012] ECHR 3002
Bailii
European Convention on Human Rights

Human Rights, Police

Updated: 14 November 2021; Ref: scu.510860

Swinney and Another v Chief Constable of Northumbria: CA 22 Mar 1996

The plaintiff, a woman and her husband, had passed on information in confidence to the police about the identity of a person implicated in the killing of a police officer, expressing her concern that she did not want the source of the information to be traced back to her. The information was recorded, naming the plaintiff, in a document which was left in an unattended police vehicle, which was broken into and the document was stolen, came into the possession of the person implicated. The plaintiff was threatened with violence and arson and suffered psychiatric damage. The plaintiff’s claim in negligence against the police was struck out, but re-instated.
Held: Police may exceptionally be liable in negligence in criminal investigations. There is a special relationship between the plaintiffs and the defendant, which is sufficiently proximate. Proximity is shown by the police assuming responsibility, and the plaintiffs relying upon that assumption of responsibility, for preserving the confidentiality of the information which, if it fell into the wrong hands, was likely to expose the first plaintiff and members of her family to a special risk of damage from the criminal acts of others, greater than the general risk which ordinary members of the public must endure with phlegmatic fortitude.
Peter Gibson LJ said: ‘the Court must evaluate all the public policy considerations that may apply.’ and the position of a police informer required special consideration from the viewpoint of public policy.
Hirst LJ said:’As Laws J. pointed out in his judgment, there are here other considerations of public policy which also have weight, namely, the need to preserve the springs of information, to protect informers, and to encourage them to come forward without an undue fear of the risk that their identity will subsequently become known to the suspect or to his associates. In my judgment, public policy in this field must be assessed in the round, which in this case means assessing the applicable considerations advanced in the Hill case [1989] A.C 53, which are, of course, of great importance, together with the considerations just mentioned in relation to informers, in order to reach a fair and just decision on public policy.’
Ward LJ said: ‘it is incontrovertible that the fight against crime is daily dependent upon information fed to the police by members of the public, often at real risk of villainous retribution from the criminals and their associates. The public interest will not accept that good citizens should be expected to entrust information to the police, without also expecting that they are entrusting their safety to the police. The public interest would be affronted were it to be the law that members of the public should be expected, in the execution of public service, to undertake the risk of harm to themselves without the police, in return, being expected to take no more than reasonable care to ensure that the confidential information imparted to them is protected. The welfare of the community at large demands the encouragement of the free flow of information without inhibition. Accordingly, it is arguable that there is a duty of care, and that no consideration of public policy precludes the prosecution of the plaintiffs’ claim, which will be judged on its merits later.’

Lord Justice Hirst, Lord Justice Ward
Times 28-Mar-1996, [1997] QBD 464, [1996] EWCA Civ 1322, [1996] 3 WLR 968, [1996] 3 All ER 449, [1996] PNLR 473
Bailii
England and Wales
Citing:
CitedHill v Chief Constable of West Yorkshire HL 28-Apr-1987
No General ty of Care Owed by Police
The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members . .

Cited by:
CitedOsman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
CitedMullaney v Chief Constable of West Midlands Police CA 15-May-2001
The claimant police officer was severely injured making an arrest. He claimed damages from the respondent for contributory negligence of other officers in failing to come to his assistance.
Held: If a police officer owes a duty of care to . .
See AlsoSwinney and another v Chief Constable of Northumbria Police (No 2) QBD 25-May-1999
A police informant was owed a duty of confidentiality by the police. His information brought him into a special relationship with the police, and they could be liable in damages for failing to take reasonable steps to protect that confidence. . .
CitedVan Colle v Hertfordshire Police QBD 10-Mar-2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of . .
CitedB and B v A County Council CA 21-Nov-2006
The claimants sought damages from the defendant local authority after their identities had been wrongfully revealed to the natural parents of the adoptees leading to a claimed campaign of harassment. The adopters has specifically requested that . .
CitedWelton, 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 . .
CitedAn Informer v A Chief Constable CA 29-Feb-2012
The claimant appealed against dismissal of his claim for damages against the police. He had provided them with information, but he said that they had acted negligently and in breach of contract causing him financial loss. The officer handling his . .
CitedAXN v The Queen CACD 27-May-2016
The defendant argued that greater note should have been taken on his sentencing to allow for the assistance he had given to the police after his arrest.
Held: The current accepted practice is that the text of the letter from the police to the . .

Lists of cited by and citing cases may be incomplete.

Police, Negligence, Litigation Practice

Leading Case

Updated: 14 November 2021; Ref: scu.89660

Baker v Crown Prosecution Service: Admn 27 Jan 2009

Complaint was made as to the entry by police officers into premises seeking a knife.
Held: May LJ said: ‘The expression ‘saving life or limb’ is a colourful, slightly outmoded expression. It is here used in close proximity with the expression ‘preventing serious damage to property’. That predicates a degree of apprehended serious bodily injury. Without implicitly limiting or excluding the possible types of serious bodily injury, apprehended knife injuries and gunshot injuries will obviously normally be capable of coming within the subsection.’

Silber J, May LJ
[2009] EWHC 299 (Admin), [2009] 173 JP 215
Bailii
Police and Criminal Evidence Act 1984 17(1)(e)
England and Wales
Cited by:
CitedSyed v Director of Public Prosecutions Admn 13-Jan-2010
The defendant appealed by case stated against his conviction for assaulting a police officer in the execution of his duty. Three officers responded to a report of a disturbance and entered his house despite his struggle. The officers purported to . .

Lists of cited by and citing cases may be incomplete.

Crime, Police

Updated: 12 November 2021; Ref: scu.374370

Regina v Barkshire and Others: CACD 20 Jul 2011

Undervover police were agents provocateur

The defendants appealed against their convictions for aggravated trespass, saying that the police had infiltrated their environmental protest group, and that the undercover officer had acted as agent provocateur to entrap them into the offences. Their defence had been one of justification.
Held: The appeals succeeded, and the convictions were quashed. The officer who had infiltrated the group had taken steps beyond those allowed in his instructions to the point of making it arguable that he had acted as agent provocateur, and to protect his identity the police had withheld recordings of meetings from the CPS and defence and which would have been of assistance to the defence: ‘These materials were pertinent to a potential submission of abuse of process by way of entrapment and in any event they had the capacity to support the defence of necessity and justification. The trial was rendered unfair and the convictions are unsafe.’ A subsequent prosecution was stopped when the officer’s role was revealed. The prosecutor had then encouraged the defendants in this appeal.

Judge LCJ, Treacy, Calvert-Smith JJ
[2011] EWCA Crim B3
England and Wales
Citing:
CitedRegina 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.
CitedRegina v Jones (Margaret), Regina v Milling and others HL 29-Mar-2006
Domestic Offence requires Domestic Defence
Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were . .

Lists of cited by and citing cases may be incomplete.

Crime, Police

Updated: 12 November 2021; Ref: scu.442023

Bryant and Others, Regina (on The Application of) v The Commissioner of Police of The Metropolis: Admn 23 May 2011

Several claimants sought leave to bring judicial review of decisions taken by the defendant in the investigation of suggestions that their telephone answering systems had been intercepted by people working for the News of the World. They said that the police had failed to protect their article 8 rights.
Held: Though the case law was factually quite different, the cases were not unarguable, and leave to go ahead was given, though the applicants were reminded of their need to continually review the viability of their claims.

Foskett J
[2011] EWHC 1314 (Admin)
Bailii
European Convention on Human Rights 8
England and Wales
Citing:
CitedAirey v Ireland ECHR 9-Oct-1979
Family law proceedings such as judicial separation do give rise to civil rights. In complex cases article 6 might require some provision for legal assistance, the precise form being a matter for the member state. The Court reiterated the importance . .
CitedLopez Ostra v Spain ECHR 9-Dec-1994
A waste treatment plant was built close to the applicant’s home in an urban location and the plant released fumes and smells which caused health problems to local residents.
Held: A duty exists to take reasonable and appropriate measures to . .
CitedGuerra 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 . .
CitedOsman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
CitedRegina v The Director of Public Prosecutions, Ex Parte Manning, Ex Parte Melbourne QBD 17-May-2000
The applicants sought judicial review of the decision of the Director not to prosecute anybody after the death of their brother in prison custody, and while under restraint by prison officers. The jury at a coroner’s inquest had returned a verdict . .
CitedRegina (on the Application of Bateman) v Legal Services Commission Admn 22-Oct-2001
The court emphasised the need for applicants for judicial review to review the merits of their case . .

Lists of cited by and citing cases may be incomplete.

Police, Human Rights, Judicial Review

Updated: 12 November 2021; Ref: scu.440075

Darker v Chief Constable of The West Midlands Police: HL 1 Aug 2000

The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were stayed as an abuse of process. The plaintiffs then instituted civil proceedings alleging conspiracy to injure and misfeasance in public office. The defendants sought to have those proceedings struck out on the ground that the acts alleged were protected by absolute privilege or immunity.
Held: There can be no general immunity from suit for the police for actions which might amount to a conspiracy to injure and from misfeasance in public office. The investigations of officers must receive some protection, and the protection to be given to witnesses must go beyond the issuing of words in the witness box, but could not extend to every preparatory act. The distinction is founded in the giving of evidence. The fabrication of notes which might be used to support evidence could not receive protection.
‘To establish the tort of malicious prosecution the plaintiff must prove absence of reasonable and probable cause for a prosecution, and notwithstanding that there is reasonable and probable cause to prosecute a suspect should be entitled to sue the police for malicious and dishonest conduct in fabricating evidence against him.’
Lord Hutton said: ‘The underlying rationale of the immunity given to a witness is to ensure that persons who may be witnesses in other cases in the future will not be deterred from giving evidence by fear of being sued for what they say in court. This immunity has been extended, as I have described, to proofs of evidence and to prevent witnesses being sued for conspiracy to give false evidence. But the immunity in essence relates to the giving of evidence. There is, in my opinion, a distinction in principle between what a witness says in court (or what in a proof of evidence a prospective witness states he will say in court) and the fabrication of evidence, such as the forging of a suspect’s signature to a confession or a police officer writing down in his notebook words which a suspect did not say or a police officer planting a brick or drugs on a suspect. In practice the distinction may appear to be a fine one, as, for example, between the police officer who does not claim to have made a note, but falsely says in the witness box that the suspect made a verbal confession to him (for which statement the police officer has immunity), and a police officer who, to support the evidence he will give in court, fabricates a note containing an admission which the suspect never made. But I consider that the distinction is a real one and that the first example comes within the proper ambit of the immunity and the other does not.’
and ‘But I consider that the position is different where, as alleged by the plaintiffs in this case, steps are taken prior to the making of a statement of evidence, not for the purpose of making a statement of evidence which the maker intends to be an accurate and truthful one, but for the wrongful purpose of fabricating false evidence which would be referred to in an untruthful statement of evidence. In my opinion immunity should be extended to cover the wrongful fabrication of evidence or of a note which will purport to be used to refresh the memory of the witness in the witness box and which will give the impression to the jury that there is support for the witness’s false statement that the suspect made an admission. This view is not in conflict with the principle that immunity (where it exists) is given to a malicious and dishonest witness as well as to an honest witness, and I think that the honest (though negligent) examination of articles to enable a statement of evidence to be made comes within the concept of the preparation of a statement of evidence, whereas the deliberate fabrication of evidence to be referred to in a statement of evidence does not come within that concept. It follows that, in my opinion, the Court of Appeal in Silcott v Comr of Police of the Metropolis 8 Admin LR 633 was in error in stating the immunity rule as widely as it did.’
Lord Hope of Craighead said: ‘The question that has been raised relates to the further extent of the immunity. Where are the boundaries to be drawn? It arises because there is another factor that must always be balanced against the public interest in matters relating to the administration of justice. It is the principle that a wrong ought not to be without a remedy. The immunity is a derogation from a person’s right of access to the court which requires to be justified.’
Lord Cooke of Thorndon said:
‘Absolute immunity is in principle inconsistent with the rule of law but in a few, strictly limited, categories of cases it has to be granted for practical reasons. It is granted grudgingly, the standard formulation of the test for inclusion of a case in any of the categories being Sir Thaddeus McCarthy P’s proposition in Rees v Sinclair [1974] 1 NZLR 180, 187, ‘The protection should not be given any wider application than is absolutely necessary in the interests of the administration of justice …’.’
Lord Clyde said: ‘It is temptingly easy to talk of the application of immunities from civil liability in general terms. But since the immunity may cut across the rights of others to a legal remedy and so runs counter to the policy that no wrong should be without a remedy, it should be only allowed with reluctance, and should not readily be extended. It should only be allowed where it is necessary to do so.’

Lord Hope of Craighead Lord Mackay of Clashfern Lord Cooke of Thorndon Lord Clyde Lord Hutton
Gazette 17-Aug-2000, Times 01-Aug-2000, [2000] UKHL 44, [2001] AC 435, [2000] 3 WLR 747
House of Lords, Bailii
England and Wales
Citing:
Appeal fromDocker, Head, and others v Chief Constable of West Midlands Police CA 17-Mar-1998
Immunity from suit for abuse of process attaching to judicial process was attached also to steps taken as part of the investigation of a crime with a view to a possible prosecution of the matter. Auld LJ said: ‘The whole point of the public policy . .
ApprovedDawkins v Lord Rokeby 1873
dawkins_rokeby1873
Police officers (among others) are immune from any action that may be brought against them on the ground that things said or done by them in the ordinary course of the proceedings were said or done falsely and maliciously and without reasonable and . .
CitedMunster v Lamb CA 1883
Judges and witness, including police officers are given immunity from suit in defamation in court proceedings.
Fry LJ said: ‘Why should a witness be able to avail himself of his position in the box and to make without fear of civil consequences . .
CitedRoy v Prior HL 1970
The court considered an alleged tort of maliciously procuring an arrest. The plaintiff had been arrested under a bench warrant issued as a result of evidence given by the defendant. He sued the defendant for damages for malicious arrest.
Held: . .
CitedWatson v M’Ewan HL 1905
A claim was brought against a medical witness in respect of statements made in preparation of a witness statement and similar statements subsequently made in court. The appellant was a doctor of medicine who had been retained by the respondent in . .
CitedSilcott v Commissioner of Police of the Metropolis CA 24-May-1996
The claimant had been convicted of the murder of PC Blakelock. The only substantial evidence was in the form of the notes of interview he said were fabricated by senior officers. His eventual appeal on this basis was not resisted. He now appealed . .
CitedTaylor and Others v Director of The Serious Fraud Office and Others HL 29-Oct-1998
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
CitedEvans v London Hospital Medical College and Others 1981
The defendants employed by the first defendant carried out a post mortem on the plaintiff’s infant son. They found concentrations of morphine and told the police. The plaintiff was charged with the murder of her son. After further investigation no . .
CitedX (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
CitedStanton and Another v Callaghan and Others CA 8-Jul-1998
The defendant, a structural engineer, was retained by the plaintiffs in a claim against insurers for the costs of remedying subsidence of the plaintiffs’ house. He advised total underpinning for pounds 77,000, but later while preparing a joint . .
CitedHill v Chief Constable of West Yorkshire HL 28-Apr-1987
No General ty of Care Owed by Police
The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members . .
CitedElguzouli-Daf v Commissioner of Police of the Metropolis and Another CA 16-Nov-1994
The Court upheld decisions striking out actions for negligence brought by claimants who had been arrested and held in custody during criminal investigations which were later discontinued. The Crown Prosecution Service owes no general duty of care to . .
CitedBennett v Commissioner of Police of the Metropolis Admn 24-Oct-1997
Police and prosecuting authority have no inherent immunity from suit for tort of misfeasance in public office if the breach is properly made out. Immunity extends to statements made or agreed to be made out of court ‘if these were clearly and . .
CitedCutler v Dixon KBD 1585
‘It was adjudged, that if one exhibits articles to justices of peace against a certain person, containing divers great abuses and misdemeanors, not only concerning the petitioners themselves, but many others, and all this to the intent that he . .
CitedHenderson v Broomhead 1859
Immunity attaches to what persons who may be called to give evidence say or do before the court. It is an immunity ‘for words spoken or written in the course of any judicial proceeding’. . .
CitedLincoln v Daniels CA 1961
The defendant claimed absolute immunity in respect of communications sent by him to the Bar Council alleging professional misconduct by the plaintiff, a Queen’s Counsel.
Held: Initial communications sent to the secretary of the Bar Council . .
CitedMarrinan v Vibart CA 2-Jan-1962
Two police officers gave evidence in a criminal prosecution of others, that the plaintiff, a barrister, had behaved improperly by obstructing a police officer in the execution of his duty and subsequently gave similar evidence at an inquiry before . .
CitedHunter v Chief Constable of the West Midlands Police HL 19-Nov-1981
No collateral attack on Jury findigs.
An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many . .
CitedIn re McC (A Minor); McC v Mullan HL 1984
The House considered the immunity from suit of judges. The Magistrate here had passed a custodial sentence on a minor without complying with a statutory provision which required him to inform the offender of the right to Legal Aid.
Held: The . .

Cited by:
CitedKeegan and Others v Chief Constable of Merseyside CA 3-Jul-2003
The police had information suggesting (wrongly) that a fugitive resided at an address. An armed raid followed, and the claimant occupant sought damages.
Held: The tort of malicious procurement of a search warrant required it to be established . .
CitedHeath v Commissioner of Police for the Metropolis CA 20-Jul-2004
The female civilian officer alleged sex discrimination against her by a police officer. Her complaint was heard at an internal disciplinary. She alleged sexual harrassment, and was further humiliated by the all male board’s treatment of her . .
CitedMeadow v General Medical Council Admn 17-Feb-2006
The appellant challenged being struck off the medical register. He had given expert evidence in a criminal case which was found misleading and to have contributed to a wrongful conviction for murder.
Held: The evidence though mistaken was . .
CitedGeneral Medical Council v Professor Sir Roy Meadow, Attorney General CA 26-Oct-2006
The GMC appealed against the dismissal of its proceedings for professional misconduct against the respondent doctor, whose expert evidence to a criminal court was the subject of complaint. The doctor said that the evidence given by him was . .
CitedWalsh v Staines and others ChD 26-Jul-2007
The defendants applied to strike out a claim based on an allegation of a fraudulent deceit and conspiracy in earlier proceedings between the parties. It was said that the defendant solicitors had represented that their client had funds to support an . .
CitedLake v British Transport Police CA 5-May-2007
The claimant challenged dismissal of his claim of having suffered an unfair detriment having made a disclosure with regard to his employers. The employers had said that as a constable, his employment was outside the scope of the Act, and the . .
CitedJones v Kaney SC 30-Mar-2011
An expert witness admitted signing a joint report but without agreeing to it. The claimant who had lost his case now pursued her in negligence. The claimant appealed against a finding that the expert witness was immune from action.
Held: The . .
CitedIqbal v Mansoor and Others QBD 26-Aug-2011
The claimant sought the disapplication of the limitation period in order to pursue the defendant solicitors, his former employers, in defamation. . .
CitedHowarth 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. . .
CitedAccident Exchange Ltd v Autofocus Ltd QBD 16-Dec-2009
The claimant wished to allege that in earlier proceedings, the defendant’s employees had systematically given false evidence. The defendant now sought the strike out of the claim on the basis of witness immunity.
Held: The application failed. . .
CitedSmart v The Forensic Science Service Ltd CA 2-Jul-2013
On a search of his house, the police found a bullet cartridge on the claimant’s property. It was sent for testing but due to a mistake it was reported as a live cartridge. The prosecution was only dropped after some months when the mistake was . .
CitedSingh v Moorlands Primary School and Another CA 25-Jul-2013
The claimant was a non-white head teacher, alleging that her school governors and local authority had undermined and had ‘deliberately endorsed a targeted campaign of discrimination, bullying, harassment and victimisation’ against her as an Asian . .
CitedCrawford v Jenkins CA 24-Jul-2014
The parties had divorced but acrimony continued. H now complained of his arrests after allegations from his former wife that he had breached two orders. He had been released and no charges followed. The court had ruled that W’s complaints were . .

Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Leading Case

Updated: 11 November 2021; Ref: scu.80082

GC v The Commissioner of Police of The Metropolis: SC 18 May 2011

The court was asked to decide from whom DNA samples could lawfully be taken by the Police,and for how long they should be kept. The first respondent now said that a declaration of incompatibility of section 64(1A) could not be avoided.
Held: (Majority: Lord Dyson, Lord Phillips, Lady Hale, Lord Judge and Lord Kerr. Dissenting: Lord Rodger, Lord Brown) A declaration should be granted that the present ACPO guidelines (but not the Act itself), being contrary to Marper (ECHR), were incompatible with the human rights of the claimants. However it was not appropriate for the Court to create its own policy.
Lord Dyson said it was not clear that Parliament had intended by 64(1A) to require that specimens be kept pemanently: ‘To argue from the premise that Parliament intended that a greatly extended database should be created to the conclusion that it intended that, save in exceptional circumstances, the data should be retained indefinitely in all cases is a non sequitur.’ and ‘section 64(1A) permits a policy which (i) is less far-reaching than the ACPO guidelines; (ii) is compatible with article 8 of the ECHR; and (iii) nevertheless, promotes the statutory purposes. Those purposes can be achieved by a proportionate scheme.’
Lord Rodger dissented saying: ‘the power which was conferred on the police by section 64(1A) had to be exercised in accord with the policy and objects of that enactment. As I have explained, the policy and objects of Parliament in enacting section 64(1A) were plainly that DNA samples and data derived from suspects should be retained indefinitely so that a large and expanding database should be available to aid the detection and prosecution of the perpetrators of crimes. The police were therefore bound to exercise the power given to them by section 64(1A) in order to promote that policy and those objects. This meant, in effect, that, subject to possible very narrow exceptions (eg, those suspected of a crime which turned out not to be a crime at all), the police had to retain on their database the samples and profiles of all suspects. In short, the police were under a duty to do so.’ and ‘section 64(1A) is incompatible with suspects’ article 8 Convention rights. Even though Parliament and the Government have the matter under review, I consider that the better course is for this court to grant a declaration of incompatibility in terms of section 4(2) of the HRA.’

Lord Phillips, President, Lord Rodger, Lady Hale, Lord Brown, Lord Judge, Lord Kerr, Lord Dyson
[2011] UKSC 21, [2011] 1 WLR 1230, [2011] 2 Cr App R 18
Bailii, SC Summary, Bailii Summary, SC
Police and Criminal Evidence Act 1984 64 64(1A), European Convention on Human Rights, Crime and Security Act 2010, Human Rights Act 1998 4
England and Wales
Citing:
CitedPadfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
Appeal fromRegina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Commissioner of Police of the Metropolis Admn 16-Jul-2010
The claimants had each had biometric samples taken during police investigations, and now sought judicial review of the decision of the respondent not to remove those details from the Police National Computer, saying that in accordance with the . .
CitedMarper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .
CitedS, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper HL 22-Jul-2004
Police Retention of Suspects DNA and Fingerprints
The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life.
Held: The parts of DNA used for testing . .
CitedSheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002 HL 14-Oct-2004
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant?
Held: Lord Bingham of Cornhill said: . .
CitedMarper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .
CitedGreens v The United Kingdom ECHR 23-Nov-2010
The applicants alleged a violation of article 3 in the refusal to allow them to enrol on the electoral register whilst serving prison sentences.
Held: Where one of its judgments raises issues of general public importance and sensitivity, in . .
CitedL, Regina (On the Application of) v Commissioner of Police of the Metropolis SC 29-Oct-2009
Rebalancing of Enhanced Disclosure Requirements
The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private . .
CitedIn re S (Minors) (Care Order: Implementation of Care Plan) HL 14-Mar-2002
Section 3(1) of the 1998 Act is not available where the suggested interpretation is contrary to express statutory words or is by implication necessarily contradicted by the statute. The judge’s task is to interpret, not to legislate. The proposed . .
CitedGhaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
CitedDoherty and others v Birmingham City Council HL 30-Jul-2008
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to . .
CitedGreens v The United Kingdom ECHR 23-Nov-2010
The applicants alleged a violation of article 3 in the refusal to allow them to enrol on the electoral register whilst serving prison sentences.
Held: Where one of its judgments raises issues of general public importance and sensitivity, in . .
CitedManchester City Council v Pinnock SC 3-Nov-2010
The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his . .
CitedAttorney General’s Reference No 3 of 1999: Application By the British Broadcasting Corporation To Set Aside or Vary a Reporting Restriction Order HL 17-Jun-2009
An application was made to discharge an anonymity order made in previous criminal proceedings before the House. The defendant was to be retried for rape under the 2003 Act, after an earlier acquittal. The applicant questioned whether such a order . .
CitedCar Owners’ Mutual Insurance Company Limited v The Treasurer of The Commonwealth of Australia (Australia) PC 17-Mar-1969
(Australia) Lord Wilberforce observed that ‘in a statutory framework it is impossible to conceive of a discretion not controlled by any standard or consideration stated, or to be elicited from, the terms of the Act.’ . .
CitedRegina v Kansal (2) HL 29-Nov-2001
The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act.
Held: In doing so the prosecutor was acting to give effect to section 433.
The decision in Lambert to disallow retrospective . .
CitedHooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions HL 5-May-2005
Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR.
Held: The . .

Cited by:
CitedCatt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis SC 4-Mar-2015
Police Data Retention Justifiable
The appellants challenged the collection of data by the police, alleging that its retention interfered with their Article 8 rights. C complained of the retention of records of his lawful activities attending political demonstrations, and T . .
CitedGaughran v Chief Constable of The Police Service of Northern Ireland (Northern Ireland) SC 13-May-2015
The court was asked as to to the right of the Police Service of Northern Ireland to retain personal information and data lawfully obtained from the appellant following his arrest for the offence of driving with excess alcohol.
Held: The appeal . .

Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 11 November 2021; Ref: scu.439807

Fletcher v Leicestershire Constabulary: Admn 1 Nov 2013

The claimant had been called upon to repair an unoccupied flat damaged by fire. He found a metal box containing andpound;18,000 in cash. He took it to the police. He now resisted their assertion that this represented the proceeds of crime and should be forfeited. The former occupants were not suspected of any criminal activity.
Held: The appeal failed. Several features were enough to support the Crown Court’s conclusions both that the money was obtained by unlawful conduct of an unidentifiable kind, and that whoever had left the money had intended not to abandon it. That left the question of whether it stood to be forfeit under section 298 iof the 2002 Act, as to which: ‘On the facts as found by the Crown Court, the hider did intend to use money derived from criminal conduct for the purpose of acts rendered unlawful by section 327 of the 2002 Act. The cash was criminal property in that it was obtained from some kind of criminal conduct. The hider intended to recover the money and spend it. That is, he intended to convert the criminal property, which is a criminal offence within the meaning of section 327 of the 2002 Act. All the elements of section 298(2)(b) of the 2002 Act are therefore satisfied and the Crown Court was entitled to make the order for forfeiture.’

Lewis J
[2013] EWHC 3357 (Admin)
Bailii
Proceeds of Crime Act 2002 298
England and Wales
Citing:
CitedParker v British Airways Board CA 1982
Finders Rights and Obligations Explained
The finder of a gold bracelet in an airport lounge acquired rights of possession over the bracelet as against the airport authority who occupied the lounge, but who did not intend to exert control over objects found in the lounge.
Donaldson LJ . .
CitedAnwoir and Others, Regina v CACD 27-Jun-2008
In attempting to prove that property represented the proceeds of crime, two paths were open to the prosecution. It could do so either by evidence that it derived from conduct of a specific kind or kinds and that conduct of that kind or those kinds . .

Lists of cited by and citing cases may be incomplete.

Police

Updated: 11 November 2021; Ref: scu.517341

Alford v Cambridgeshire Police: CA 24 Feb 2009

The claimant police officer had been held after an accident when he was in a high speed pursuit of a vehicle into the neighbouring respondent’s area. The prosecution had been discontinued, and he now appealed against rejection of his claims for malicious prosecution and false imprisonment.
Held: The arresting officer did have proper reasonable grounds for the arrest: ‘He was able to, and did, form his own assessment of the quality of the appellant’s driving from his study of the video and the route. He had sufficient expert knowledge for that purpose.’ The appeal was dismissed.

Sir Nicholas Wall P, Richards LJ, Rimer LJ
[2009] EWCA Civ 100
Bailii
England and Wales
Citing:
CitedLister v Perryman HL 1870
In a case alleging malicious prosecution, the existence of reasonable and probable cause is a question for the judge and not for the jury.
Lord Chelmsford said: ‘[T]here can be no doubt since the case of Panton v Williams, in which the question . .
CitedCommissioner of Police of the Metropolis v Raissi CA 12-Nov-2008
The Commissioner appealed against an award of damages for false imprisonment. The claimant had been arrested shortly after a terrorist attack. The judge had held that they had no reasonable belief of his involvement. The Commissioner did not now . .
CitedDatec Electronics Holdings Ltd and others v United Parcels Services Ltd HL 16-May-2007
The defendants had taken on the delivery of a quantity of the claimant’s computers. The equipment reached one depot, but then was lost or stolen. The parties disputed whether the Convention rules applied. UPS said that the claimant had agreed that . .
CitedAssicurazioni Generali Spa v Arab Insurance Group (BSC) CA 13-Nov-2002
Rehearing/Review – Little Difference on Appeal
The appellant asked the Court to reverse a decision on the facts reached in the lower court.
Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. . .
CitedDallison v Caffery CACD 1965
It is for the detaining authority to justify all periods of detention.
The court described the common law duty on a prosecutor to disclose material. Lord Denning MR said: ‘The duty of a prosecuting counsel or solicitor, as I have always . .
CitedBenmax v Austin Motor Co Ltd HL 1955
Except for cases which are expressly limited to questions of law, an appellant is entitled to appeal from the Court of Session to the House against any finding, whether it be a finding of law, a finding of fact or a finding involving both law and . .
CitedHerniman v Smith HL 1938
The court considered the tort of malicious prosecution.
Held: It is the duty of a prosecutor to find out not whether there is a possible defence, but whether there is a reasonable and probable cause for prosecution. The House approved the . .
CitedMartin 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:
CitedHowarth 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. . .
CitedMcCann v Crown Prosecution Service Admn 21-Aug-2015
Appeal by case stated against conviction for obstructing a police officer in the execution of his duty. The appellant had been protesting. She, correctly, thought the land to be a rivate highway. The police officer had thought it a public hghway and . .

Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 11 November 2021; Ref: scu.301649

Bernard v The Attorney General of Jamaica: PC 7 Oct 2004

PC (Jamaica) The claimant had been queuing for some time to make an overseas phone call at the Post Office. Eventually his turn came, he picked up the phone and dialled. Suddenly a man intervened, announced ‘police’ and demanded the phone. The man was in fact a police officer. The officer added that he wanted to make a long distance call and told the claimant to let go of the phone. The claimant refused. The officer slapped his hand and then pushed him. When the claimant still refused to let go of the phone the officer pulled out a service revolver and shot him in the head at point blank range. The claimant was rendered unconscious. When he awoke he found himself in a hospital bed surrounded by police officers including the officer who had shot him. The officer arrested him for assaulting a police officer and handcuffed him to the bed. The claimant sought to establish vicarious liability of the respondent who employed the officer.
Held: Vicarious liability is a principle of strict liability. It is a liability for a tort committed by an employee not based on any fault of the employer. It must be kept within clear limits. Nevertheless, the officer had purported to act as a polic officer and later to arrest the claimant. The trial judge was entitled to find vicarious liability established and that the Court of Appeal erred in allowing the appeal.
Lord Steyn: ‘The correct approach is to concentrate on the relative closeness of the connection between the nature of the employment and the particular tort, and to ask whether in looking at the matter in the round, it is just and reasonable to hold the employer vicariously liable.’

Lord Bingham of Cornhill, Lord Steyn, Lord Millett, Lord Scott of Foscote, Lord Carswell
[2004] UKPC 47, No. 30 of 2003, [2005] IRLR 398
PC, Bailii, PC
Commonwealth
Citing:
CitedLister and Others v Hesley Hall Ltd HL 3-May-2001
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers.
Held: ‘Vicarious liability is legal . .
CitedDubai Aluminium Company Limited v Salaam and Others HL 5-Dec-2002
Partners Liable for Dishonest Act of Solicitor
A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners.
Held: The acts complained of were so close to . .
CitedWeir v Bettison CA 2003
. .
CitedBazley v Curry 17-Jun-1999
(Canadian Supreme Court) The court considerd the doctrine of vicarious liability: ‘The policy purposes underlying the imposition of vicarious liability on employers are served only where the wrong is so connected with the employment that it can be . .

Cited by:
CitedBrown v Robinson and Sentry PC 14-Dec-2004
(Jamaica) The deceased claimant had been shot by a sentry employed by the respondent company. His estate appealed a finding that the sentry was not acting in the course of his employment.
Held: Older authorities had now been replaced by recent . .
CitedHutchinson v Metropolitan Police Commissioner and Another QBD 27-Jul-2005
The claimant sought damages for assault by a probationary constable. The constable had been called to a drunken party for Sainsbury’s employees.
Held: The claimant had been assaulted. Miss Morgan had introduced herself as a police officer, had . .
CitedMajrowski v Guy’s and St Thomas’ NHS Trust CA 16-Mar-2005
The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim.
Held: The appeal succeeded. The . .
CitedMajrowski v Guy’s and St Thomas’ NHS Trust HL 12-Jul-2006
Employer can be liable for Managers Harassment
The claimant employee sought damages, saying that he had been bullied by his manager and that bullying amounting to harassment under the 1997 Act. The employer now appealed a finding that it was responsible for a tort committed by a manager, saying . .
CitedHelen Green v DB Group Services (UK) Ltd QBD 1-Aug-2006
The claimant sought damages from her former employers, asserting that workplace bullying and harassment had caused injury to her health. She had had a long term history of depression after being abused as a child, and the evidence was conflicting, . .
CitedGravil v Carroll and Another CA 18-Jun-2008
The claimant was injured by an unlawful punch thrown by the first defendant when they played rugby. He sought damages also against the defendant’s club, and now appealed from a finding that they were not vicariously liable. The defendant player’s . .
CitedMaga v The Trustees of The Birmingham Archdiocese of The Roman Catholic Church CA 16-Mar-2010
The claimant appealed against rejection of his claim for damages after alleging sexual abuse by a catholic priest. The judge had found the church not vicariously liable for the injuries, and that the archdiocese had not been under a duty further to . .
CitedVarious Claimants v The Catholic Child Welfare Society and Others CA 26-Oct-2010
Child sexual abuse was alleged by 150 claimants against staff members of a community home with teachers supplied by the defendants. The court had asked whether they had vicarious liability for the acts of their staff, and now whether the board of . .
CitedWeddall v Barchester Healthcare Ltd CA 24-Jan-2012
Parties appealed against judgments dismissing their claims of vicarious liability as against their employers after assaults by co-employees.
Held: Appeals were dismissed and allowed according to their facts.
In one case, one employee . .
CitedThe Catholic Child Welfare Society and Others v Various Claimants and The Institute of The Brothers of The Christian Schools and Others SC 21-Nov-2012
Law of vicarious liability is on the move
Former children at the children’s homes had sought damages for sexual and physical abuse. The court heard arguments as to the vicarious liability of the Society for abuse caused by a parish priest visiting the school. The Court of Appeal had found . .
CitedMohamud v WM Morrison Supermarkets plc SC 2-Mar-2016
The claimant had been assaulted and racially abused as he left a kiosk at the respondent’s petrol station by a member of staff. A manager had tried to dissuade the assailant, and the claim for damages against the supermarket had failed at first . .

Lists of cited by and citing cases may be incomplete.

Vicarious Liability, Police

Leading Case

Updated: 11 November 2021; Ref: scu.215957

Regina v Howell (Errol): CACD 1981

The court considered the meaning of the legal concept of a breach of the peace.
Held: The essence is to be found in violence or threatened violence. ‘We entertain no doubt that a constable has a power of arrest where there is reasonable apprehension of imminent danger of a breach of the peace; so for that matter has the ordinary citizen. We hold there is a power of arrest for breach of the peace where (1) a breach of the peace is committed in the presence of the person making the arrest, or (2) the arrestor reasonably believes that such a breach of the peace will be committed in the immediate future by the person arrested although he has not yet committed any breach, or (3) where a breach has been committed and it is reasonably believed that a renewal of it is threatened’. And
‘We are emboldened to say that there is a breach of the peace whenever harm is actually done or likely to be done to a person or in his presence to his property or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other disturbance. It is for this breach of the peace when done in his presence that a constable, or anyone else, may arrest an offender without warrant’. Justices, for three or more centuries have managed to cope with the offence of breach of the peace, not only as to when conduct has caused such a breach but also as to whether it was likely to do so: ‘ . . . since keeping the peace in this country in the latter half of the 20th century presents formidable problems which bear upon the evolving process of the development of this breach of the common law. Nevertheless, even in these days when affrays, riotous behaviour and other disturbances happen all too frequently. We cannot accept that there can be a breach of the peace unless there has been an act done or threatened to be done which either actually harms a person, or in his presence his property, or is likely to cause such harm, or which puts someone in fear of such harm being done. There is nothing more likely to arouse resentment and anger in him, and a desire to take instant revenge, than attacks or threatened attacks on a person’s body or property.’ and ‘We hold that there is a power of arrest for breach of the peace where (1) a breach of the peace is committed in the presence of the person making the arrest … (2) the arrestor reasonably believes that such a breach will be committed in the immediate future by the person arrested although he has not yet committed any breach . . .’

Lord Justice Watkins
[1982] 1 QB 416, [1982] QB 416, [1981] 73 Crim App R 31
England and Wales
Cited by:
CitedChief Constable of Cleveland Police v Mark Anthony McGrogan CA 12-Feb-2002
The Chief Constable appealed a finding of false imprisonment of the claimant. He had once been properly arrested, but before he was freed, it was decided that he should be held for court and an information laid alleging breach of the peace. They . .
CitedJarrett 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 . .
CitedThe Chief Constable of Lancashire v Potter Admn 13-Oct-2003
The claimant appealed refusal of an Anti-Social Behaviour order by the magistrates. The respondent was a street prostitute in Preston. The magistrates had declined to aggregate her behaviour with that of others to find that it caused harrassment . .
CitedLaporte, Regina (on the Application of) v Gloucestershire Constabulary and others Admn 19-Feb-2004
The court considered a claim for judicial review of a police officer’s decision to turn back a number of coaches. Each coach contained passengers en route to join a demonstration at an RAF base in Gloucestershire, the officer honestly and reasonably . .
CitedMoss v McLachlan QBD 1985
Four striking miners were travelling in a convoy of motor vehicles and were stopped by a police cordon at a junction within several miles of four collieries. The inspector in charge believed with reason that a breach of the peace would be committed . .
CitedLaporte, Regina (on the Application of) v Gloucestershire Constabulary and others CA 8-Dec-2004
The claimant had been in a bus taking her and others to an intended demonstration. The police feared breaches of the peace, and stopped the bus, and ordered the driver to return to London, and escorted it to ensure it did not stop.
Held: The . .
CitedRegina v Nicol and Selvanayagam QBD 10-Nov-1995
The appellants appealed a bind-over for a finding that each appellant had been guilty of conduct whereby a breach of the peace was likely to be occasioned. The appellants, concerned about cruelty to animals, had obstructed an angling competition by . .
CitedRedmond-Bate v Director of Public Prosecutions Admn 23-Jul-1999
The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility.
Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, . .
CitedWragg, Regina (on the Application Of) v Director of Public Prosecutions Admn 15-Jun-2005
The court faced a case stated where the defendant had been accused of resisting arrest. The officers claimed to have anticipated a breach of the peace, having been called to a domestic dispute.
Held: Though the defendant had not behaved with . .
CitedHawkes v Director of Public Prosecutions CACD 2-Nov-2005
The defendant appealed her convictions for assaulting a police officer and obstructing him in the course of his duty. She had acted in an abusive manner, but there had been no violence.
Held: Whilst she might have been arrested on the basis . .
CitedHawkes, Regina (on the Application Of) v Director of Public Prosecutions Admn 2-Nov-2005
The defendant appealed by way of case stated against her conviction for assaulting a police officer in the execution of his duty. Her son was arrested in the early hours of the morning from her house. She followed him outside and sat in the police . .
CitedBibby v Chief Constable of Essex Police CA 6-Apr-2000
A bailiff sought to execute against goods in a shop against the will of the occupier. The police attended and when tempers were raised the police officer anticipated a breach of the peace by the bailiff and arrested him. He sought damages for that . .
CitedSteel and Others v The United Kingdom ECHR 23-Sep-1998
The several applicants had been arrested in different circumstances and each charged with breach of the peace contrary to common law. Under the Magistrates’ Court Act 1980, the court can bind over a Defendant to keep the peace, if the Defendant . .
CitedLaporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. . .
Not preferredMoss v McLachlan QBD 1985
There had been violent conflict between members of different unons in the context of the miners’ strike. The police had found it difficult to maintain the peace. The appellants were four of about sixty striking miners intent on a mass demonstration . .
FollowedPercy v Director of Public Prosecutions QBD 13-Dec-1994
A woman protester repeatedly climbed over the perimeter fencing into a military base.
Held: The defendant had a choice between agreeing to be bound over and going to prison. Her refusal to agree to be bound over had an immediate and obvious . .
CitedHashman and Harrup v The United Kingdom ECHR 25-Nov-1999
The defendants had been required to enter into a recognisance to be of good behaviour after disrupting a hunt by blowing of a hunting horn. They were found to have unlawfully caused danger to the dogs. Though there had been no breach of the peace, . .
CitedWright v Commissioner of Police for The Metropolis QBD 11-Sep-2013
The claimant sought damages for false imprisonment and infringement of his human rights in the manner of the defendant’s management of a demonstration in which he was involved. The issue was whether ilce action was justified on the basis that the . .
CitedHumberside Police v McQuade CA 12-Jul-2001
Defendant’s appeal against an order giving judgment for the claimant in the action for damages to be assessed for wrongful arrest and personal injury. The claimant had been arrested in his home, purportedly for a breach of the peace. There was no . .

Lists of cited by and citing cases may be incomplete.

Crime, Magistrates, Police

Leading Case

Updated: 11 November 2021; Ref: scu.182926

North Yorkshire Police Authority, Regina (on The Application of) v The Independent Police Complaints Commission: Admn 8 Jul 2010

No Review of IPCC’s Decision to Investigate

A complainant wanted the police force to investigate his mother’s treatment in a care home. When a decision was made that no criminal activity had been revealed, he asked the Police Authority to investigate, but they declined saying that the issue raised related to direction and control and was not one they could accept to deal with. The Police Authority now sought judicial review of the decision of the IPCC that it should have accepted the complaint.
Held: The request was refused. The court did not accept the argument by the respondent that ‘conduct’ in section 12 of the 2002 Act was to be read as misconduct: ‘The word ‘conduct’ in its ordinary or natural meaning, which is that of behaviour, does not carry with it the notion that the behaviour must be of a particular quality, whether good or bad.’ The term ‘direction and control’ in this context ‘is essentially concerned with matters which are of a general nature. On this basis, a decision by a chief officer which is confined to a particular subject falls outside the scope of direction and control.’

Langan QC J
[2010] EWHC 1690 (Admin), [2011] 3 All ER 106, [2012] PTSR 268
Bailii
Police Reform Act 2002 9 10 12
England and Wales
Citing:
CitedRegina v Commissioner of Police of the Metropolis, Ex parte Blackburn CA 1968
Answerability of Chief Constables
The constitutional status of the Commissioner had never been defined, either by statute or by the courts. By common law police officers owe to the general public a duty to enforce the criminal law. The court considered the extent to which a court . .
CitedHill v Chief Constable of West Yorkshire HL 28-Apr-1987
No General ty of Care Owed by Police
The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members . .
CitedRegina v Chief Constable of Sussex, ex Parte International Trader’s Ferry Limited HL 2-Apr-1998
Chief Constable has a Wide Discretion on Resources
Protesters sought to prevent the appellant’s lawful trade exporting live animals. The police provided assistance, but then restricted it, pleading lack of resources. The appellants complained that this infringed their freedom of exports under . .
CitedHerd, Regina (on The Application of) v Independent Police Complaints Commission Admn 12-Oct-2009
The claimant had sought to lodge with the police authority a complaint about the way the Suffolk Constabulary regarding his criminal record. He had wanted an older conviction to be ‘stepped down’ and complained of what he believed to have been an . .

Lists of cited by and citing cases may be incomplete.

Police

Leading Case

Updated: 11 November 2021; Ref: scu.420426

Mitsui Sumitomo Insurance Co (Europe) Ltd and Another v The Mayor’s Office for Policing and Crime: ComC 12 Sep 2013

In the lead case, Sony’s warehouse at Enfield had been severely damaged in what were said to be riots in August 2011. The court considered preliminary issues as to whether the events constituted a riot within the 1886 Act, and the extent of damages claimable under the 1886 Act, and in particular whether consequential losses were payable.
Held: It was cear that the statutory elements were in place, thought the court considered more carefully wether the rioters were, within the Act ‘tumultuosuly assembled together’.
Held: As to damages, these were limited to damage to property, and did not extend to consequential losses.
Simple acts of theft would not go to make up a riot. There had to be shown some additional apparent intention to damage property. In this case such an intention had generally been shown.

Flaux J
[2013] EWHC 2734 (Comm), [2013] WLR(D) 356
Bailii, WLRD
Riot (Damages) Act 1886
England and Wales
Citing:
CitedThe Kate 1899
The Kate was totally lost in a collision with the defendants’ ship, whilst on the ballast leg of a charterparty. The issue was whether in a case of total loss as opposed to partial loss of a ship without a cargo, the plaintiffs could recover only . .

Cited by:
At ComCMitsui Sumitomo Insurance Co (Europe) Ltd and Others v Mayor’s Office for Policing and Crime CA 20-May-2014
The appellant had suffered damage in a riot, and, under the 1886 Act, the respondent was liable to pay compensation.
Held: The MOPC was liable to pay compensation by way of indemnity. Analysis of section 2(1) suggested compensation for loss . .
At ComCThe Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd and Others SC 20-Apr-2016
The Court considered the quantification of damages to be awarded to a business suffering under riots under the 1886 Act, and in particular whether such recoverable losses included compensation for consequential losses, including loss of profits and . .

Lists of cited by and citing cases may be incomplete.

Police, Damages

Updated: 11 November 2021; Ref: scu.515244

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, which the police investigated and in respect of which they interviewed the teacher, who denied responsibility but whom, albeit without the evidence with which to prosecute, they considered to be the culprit. To the knowledge of the police the teacher perpetrated other irrational, criminal acts and announced ‘in a few months I’ll be doing life’. To his employers he said that he proposed to do ‘a sort of Hungerford’. On three occasions within a week he was seen, to the knowledge of the police, outside the pupil’s family home and, later that week, he killed the pupil’s father and seriously wounded the pupil. The claimants asserted that the killer had been known to be a threat, but that insufficient protection had been given by the police.
Held: The UK’s complete immunity for the police for operational decisions was too broad, and it was capable of infringing the human right of protection of life. An absolute rule denying access to courts was disproportionate to the needs of the police.
Article 2(1) may, depending on the facts, impose a duty on a public authority to take all reasonable steps to protect a person from a real and immediate risk to his life. ‘It is sufficient for an applicant to show that the authorities did not do all that could reasonably be expected of them to avoid a real and immediate risk to life of which they have or ought to have knowledge.’
As to the levels of damages: ‘The Court notes that it conducts its assessment of what an applicant is entitled to by way of just satisfaction in accordance with the principles laid down in its case law under Article 50 and not by reference to the principles or scales of assessment used by domestic courts.’

Bernhardt P
Times 05-Nov-1998, 23452/94, 87/1997/871/1083, [1999] 1 FLR 193, [1998] ECHR 101, 5 BHRC 293, (2000) 29 EHRR 245, [1999] Fam Law 86, [1998] HRCD 966, [1999] Crim LR 82, (1999) 163 JPN 297, (1999) 11 Admin LR 200
Worldlii, Bailii
European Convention on Human Rights 2 6
Human Rights
Citing:
CitedHill v Chief Constable of West Yorkshire HL 28-Apr-1987
No General ty of Care Owed by Police
The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members . .
CitedGolder v The United Kingdom ECHR 21-Feb-1975
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his . .
CitedThe Republic of Ireland v The United Kingdom ECHR 18-Jan-1978
The UK lodged a derogation with the Court as regards its human rights obligations in Northern Ireland because of the need to control terroist activity. The Government of Ireland intervened. From August 1971 until December 1975 the UK authorities . .
CitedMcCann and Others v The United Kingdom ECHR 6-Oct-1995
mccann_ukECHR1995
Wrong assumptions made by police officers in the killing of terrorists amounted to a human rights breach, despite the existence of danger to the public of an imminent attack. Article 2(1) is ‘one of the most fundamental provisions in the . .
CitedLCB v The United Kingdom ECHR 9-Jun-1998
The court had no jurisdiction to consider allegations not raised before the commission or predating a country’s accession to the convention. There was no breach in a failure to record an exposure to radiation in a test. Article 2 imposes substantive . .
CitedTinnelly and Sons Ltd and Others and McElduff and Others v United Kingdom ECHR 10-Jul-1998
Legislation which disallowed claimants who asserted that they had been discriminated against, on the grounds of their religious background, from appealing through the courts system, was a clear breach of their human rights. A limitation will not be . .
CitedDorset Yacht Co Ltd v Home Office HL 6-May-1970
A yacht was damaged by boys who had escaped from the supervision of prison officers in a nearby Borstal institution. The boat owners sued the Home Office alleging negligence by the prison officers.
Held: Any duty of a borstal officer to use . .
CitedDawson 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. . .
CitedHicks v Faulkner 1878
Before charging a prisoner, a police officer must have ‘an honest belief in the guilt of the accused based upon a full conviction, founded upon reasonable grounds, of the existence of a state of circumstances, which, assuming them to be true, would . .
CitedGlinski 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.’ . .
CitedHussein v Chang Fook Kam PC 1970
In determining whether the information available to an officer is sufficient to give rise to a reasonable suspicion and charge, the test to be applied by a police officer is ‘Suspicion in its ordinary meaning is a state of conjuncture or surmise . .
CitedGolder v The United Kingdom ECHR 21-Feb-1975
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his . .
CitedDirector of Public Prosecutions v P HL 1991
The defendant faced specimen counts of rape and incest against each of his two daughters. The trial judge refused an application for separate trials in respect of the offences alleged against each daughter. The defendant was convicted.
Held: . .
Appeal followingOsman 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 . .
CitedSwinney and Another v Chief Constable of Northumbria CA 22-Mar-1996
The plaintiff, a woman and her husband, had passed on information in confidence to the police about the identity of a person implicated in the killing of a police officer, expressing her concern that she did not want the source of the information to . .
CitedRegina v Dytham CACD 1979
A constable was 30 yards away from the entrance to a club, from which he saw a man ejected. There was a fight involving cries and screams and the man was beaten and kicked to death in the gutter outside the club. The constable made no move to . .
CitedKnightley v Johns and others CA 27-Mar-1981
There had been an accident in a tunnel, blocking it. The defendant inspector ordered a traffic constable to ride into the tunnel on his motorcycle against the flow of traffic. The constable crashed and sought damages for negligence against the . .
CitedRigby and another v Chief Constable of Northamptonshire 1985
The police were found liable to pay damages for negligence having fired a gas canister into the plaintiffs’ gunsmith’s hop premises in order to flush out a dangerous psychopath. There had been a real and substantial fire risk in firing the canister . .
CitedKirkham v Anderton, The Chief Constable of the Greater Manchester police CA 20-Dec-1989
The claimant’s husband hanged himself in Risley Remand Centre after the police had failed to warn the prison authorities that he was (as the police knew) a suicide risk. He was suffering from clinical depression and had previously attempted suicide . .

Cited by:
CitedRegina (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 . .
CitedRegina (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 . .
CitedMatthews v Ministry of Defence HL 13-Feb-2003
The claimant sought damages against the Crown, having suffered asbestosis whilst in the armed forces. He challenged the denial to him of a right of action by the 1947 Act.
Held: Human rights law did not create civil rights, but rather voided . .
CitedPretty v The United Kingdom ECHR 29-Apr-2002
Right to Life Did Not include Right to Death
The applicant was paralysed and suffered a degenerative condition. She wanted her husband to be allowed to assist her suicide by accompanying her to Switzerland. English law would not excuse such behaviour. She argued that the right to die is not . .
CitedBloggs 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 . .
CitedRegina 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 . .
CitedMunjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested; CA 16-Jul-2003
The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion.
Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not . .
CitedKhan, Regina (on the Application of) v Secretary of State for Health CA 10-Oct-2003
The claimant’s child had died as a result of negligence in hospital. The parents had been told the result of police investigation and decision not to prosecute, and the hospital’s own investigation, but had not been sufficiently involved. There . .
CitedAmin, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Oct-2003
Prisoner’s death – need for full public enquiry
The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death.
Held: There had been a . .
CitedMiddleton, Regina (on the Application of) v Coroner for the Western District of Somerset HL 11-Mar-2004
The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury.
CitedGreenfield, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the . .
CitedA, Re Application for Judicial Review QBNI 25-Jun-2001
The applicant, who feared for his life if identified, sought the release to him of materials discovered by the police in searching premises associated with a loyalist paramiliitary group. He thought that they might include information sourced form . .
CitedJD v East Berkshire Community Health NHS Trust and others HL 21-Apr-2005
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if . .
CitedRegina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz HL 13-Oct-2005
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act.
Held: The House . .
CitedPlymouth City Council v HM Coroner for the County of Devon and Another Admn 27-May-2005
The local authority in whose care the deceased child had been held challenged a decision by the coroner not to limit his inquiry to the last few days of the child’s life. The coroner had decided that he had an obligation to conduct a wider enquiry . .
CitedGentle and Others, Regina (on the Application of) v the Prime Minister and others Admn 20-Dec-2005
The applicants sought leave to bring judicial review of the decisions which led to the invasion of Iraq. They were relatives of servicemen who had died there.
Held: The court’s only duty at this stage was to ask whether there was an arguable . .
CitedVan Colle v Hertfordshire Police QBD 10-Mar-2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of . .
CitedC Plc and W v P and Secretary of State for the Home Office and the Attorney General ChD 26-May-2006
cplc_pChD2006
The claimant sought damages from the first defendant for breach of copyright. An ex parte search order had been executed, with the defendant asserting his privilege against self-incrimination. As computer disks were examined, potentially unlawful . .
CitedRegina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin CACD 19-May-2006
The several defendants complained at the use at their trials of evidence given anonymously. The perceived need for anonymity arose because, from intimidation, the witnesses would not be willing to give their evidence without it.
Held: The . .
CitedHolland v Lampen-Wolfe HL 20-Jul-2000
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state . .
CitedVan Colle and Another v Chief Constable of the Hertfordshire Police CA 24-Apr-2007
The deceased had acted as a witness in an intended prosecution. He had sought protection after being threatened. No effective protection was provided, and he was murdered. The chief constable appealed a finding of liability.
Held: The . .
CitedSavage v South Essex Partnership NHS Foundation Trust and Another CA 21-Dec-2007
The claimant said that the defendant hospital had been negligent in failing to prevent her daughter escaping from the mental hospital at which she was detained and committing suicide.
Held: The status of a detained mental patient was more akin . .
CitedK v Central and North West London Mental Health NHS Trust and Another QBD 30-May-2008
k_centralQBD2008
The claimant appealed against an order striking out his claim in negligence. He had leaped from a window in a suicide attempt. The accommodation was provided by the defendant whilst caring for him under the 1983 Act.
Held: The case should be . .
CitedHurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner HL 28-Mar-2007
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him.
Held: The question amounted . .
CitedHertfordshire 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 . .
CitedHaddock v MGN Ltd and others ChNI 17-Oct-2008
Application for injunction to prevent the defendant newspapers and television companies from publishing the plaintiff’s picture in the course of a forthcoming civil action. He was coming toward the end of a long term of imprisonment. Whilst on . .
CitedOneryildiz v Turkey ECHR 18-Jun-2002
(Grand Chamber) The applicant had lived with his family in a slum bordering on a municipal house-hold refuse tip. A methane explosion at the tip resulted in a landslide which engulfed the applicant’s house, killing his close relatives. The applicant . .
CitedRe E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening) HL 12-Nov-2008
(Northern Ireland) Children had been taken to school in the face of vehement protests from Loyalists. The parents complained that the police had failed to protect them properly, since the behaviour was so bad as to amount to inhuman or degrading . .
CitedJL, Regina (on the Application of) v Secretary of State for Justice; Regina (L (A Patient)) v Secretary of State for the Home Department HL 26-Nov-2008
The prisoner was left with serious injury after attempting suicide in prison. He said that there was a human rights duty to hold an investigation into the circumstances leading up to this.
Held: There existed a similar duty to hold an enhanced . .
CitedSavage v South Essex Partnership NHS Foundation Trust (MIND intervening) HL 10-Dec-2008
The deceased had committed suicide on escaping from a mental hospital. The Trust appealed against a refusal to strike out the claim that that they had been negligent in having inadequate security.
Held: The Trust’s appeal failed. The fact that . .
CitedRabone and Another v Pennine Care NHS Trust CA 21-Jun-2010
The claimant’s daughter had committed suicide after being given home leave on a secure ward by the respondent mental hospital. A claim in negligence had been settled, but the parents now appealed refusal of their claim that the hospital had failed . .
CitedQ, Regina (on The Application of) v Q Constabulary and Another Admn 17-Mar-2011
The claimant renewed his request for an order against the defendant that he should be given a place on a witness protection scheme. He had given evidence for the prosecution in a gangland murder trial. A risk assessment had identified a risk ‘real . .
CitedBryant and Others, Regina (on The Application of) v The Commissioner of Police of The Metropolis Admn 23-May-2011
Several claimants sought leave to bring judicial review of decisions taken by the defendant in the investigation of suggestions that their telephone answering systems had been intercepted by people working for the News of the World. They said that . .
CitedRabone and Another v Pennine Care NHS Foundation SC 8-Feb-2012
The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed . .
CitedMichael and Others v South Wales Police and Another CA 20-Jul-2012
The deceased had called the police and said her life was under immediate threat. An officer downgraded its seriousness, and she was killed within 15 minutes by her partner, and before the officers arrived. She had sought assistance four times . .
CitedIn re A (A Child) SC 12-Dec-2012
A woman, X, had made an allegation in confidence she had been sexually assaulted as a child. The court was asked whether that confidence could be overriden to allow an investigation to protect if necessary a child still living with the man. Evidence . .
CitedH v A (No2) FD 17-Sep-2015
The court had previously published and then withdrawn its judgment after third parties had been able to identify those involved by pulling together media and internet reports with the judgment.
Held: The judgment case should be published in . .
CitedMastromatteo v Italy ECHR 24-Oct-2002
The deceased had been a bystander killed by a group of criminals, some of whom were on leave of absence from prison and one of whom had absconded from prison. A complaint was made by the applicant that there had been a breach of the positive duty to . .
CitedSarjantson v Humberside Police CA 18-Oct-2013
The claimant had been severely injured in an attack by a group of young men. He said that the defendant had failed in its duty to protect him and his family. He nw appealed against the action being struck out.
Held: the judge’s interpretation . .
CitedGorovenky And Bugara v Ukraine ECHR 12-Jan-2012
The applicants’ relatives were shot by an off-duty police officer. They complained that the state had failed to exercise requisite control over the procedure for equipping police officers with a weapon. They alleged that there had been a breach of . .
CitedMichael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
CitedTyrrell v HM Senior Coroner County Durham and Darlington and Another Admn 26-Jul-2016
The court was aked what article 2 of the European Convention on Human Rights requires of a coroner when a serving prisoner dies of natural causes.
Held: The reuest for judicial review failed. Mr Tyrrell’s death was, from the outset, one which . .
CitedCommissioner of Police of The Metropolis v DSD and Another SC 21-Feb-2018
Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints.
Held: The . .
CitedDB v Chief Constable of Police Service of Northern Ireland SC 1-Feb-2017
The appellant said that the police Service of Northern Ireland had failed properly to police the ‘flags protest’ in 2012 and 2013. The issue was not as to the care and effort taken, but an alleged misunderstanding of their powers.
Held: Treacy . .

Lists of cited by and citing cases may be incomplete.

Police, Human Rights, Negligence

Leading Case

Updated: 11 November 2021; Ref: scu.165671

Beghal v Director of Public Prosecutions: SC 22 Jul 2015

Questions on Entry must be answered

B was questioned at an airport under Schedule 7 to the 2000 Act, and required to answer questions asked by appropriate officers for the purpose set out. She refused to answer and was convicted of that refusal , contrary to paragraph 18 of that Schedule. She appealed, saying that Schedule 7 was incompatible with the European Convention on Human Rights and in particular with articles 8 5 and 6.
Held: Her appeal failed (Lord Kerr dissenting). Althought the detention and questioning was an interference with her humand rights, that interference was in accordance with a law providing sufficient protections, and was proportionate and had a proper founding in the need to prevent and detect terrorism. The detention had been for no longer than was necessary for these purposes. Answers given under such questioning should not be expected to put her at risk of prosecution, since they would in all likelihood not be admissible under s78 of the 1984 Act.
Lord Hughes said: ‘The Schedule 7 powers are patently not aimed at the obtaining of information for the purpose of prosecuting either the person questioned or his spouse. Whilst that does not by itself mean that there is no real risk that such information could be so used subsequently, it is an indicator that the process of information gathering is not to be limited by the operation of privilege. The reality is that Schedule 7 powers would be rendered very largely nugatory if privilege applied. The necessary implication is that it does not.
Lord Kerr said: ‘The opportunity to exercise a coercive power in an arbitrary or discriminatory fashion is antithetical to its legality’

Lord Neuberger of Abbotsbury PSC, Lord Dyson MR, Lord Kerr of Tonaghmore, Lord Hughes, Lord Hodge JJSC
[2015] UKSC 49, [2015] WLR(D) 330, [2016] AC 88, [2015] HRLR 15, [2015] 2 Cr App R 34, [2016] 1 All ER 483, [2015] 3 WLR 344, UKSC 2013/0243
Bailii, WLRD, Bailii Summary, SC, Sc Summary
Terrorism Act 2000, European Convention on Human Rights 8 5 6, Police and Criminal Evidence Act 1984 78
England and Wales
Citing:
Appeal fromBeghal v Director of Public Prosecutions Admn 28-Aug-2013
The court considered the compatibility of the powers in Schedule 7 of the 2000 Act to ‘stop, question, and search’ with a detainee’s human rights.
Held: The powers were valid and required. . .
CitedMarper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .
CitedMM v The United Kingdom ECHR 13-Nov-2012
ECHR The applicant complained about the retention and disclosure in the context of a criminal record check of data concerning a caution she received from the police. he applicant, who lived in Northern Ireland, . .
CitedRegina v Boyes 1860
A witness, an accomplice in a criminal offence, who has received the pardon of the Crown under the Great Seal for that offence, has no privilege of refusing to answer questions relating to the offence, which may tend to criminate himself. He is . .
CitedRegina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another HL 17-Feb-2000
A notice was given to the holder of a waste disposal licence to require certain information to be provided on pain of prosecution. The provision of such information could also then be evidence against the provider of the commission of a criminal . .
CitedRotaru v Romania ECHR 4-May-2000
Grand Chamber – The applicant, a lawyer, complained of a violation of his right to respect for his private life on account of the use against him by the Romanian Intelligence Service of a file which contained information about his conviction for . .
CitedRio Tinto Zinc Corporation v Westinghouse Electric Corporation, Re Westinghouse Electric Corpn Uranium Contract Litigation MDL Docket No 235 (No 2) HL 1977
The court considered a claim that a party was not compelled to give evidence where it might incriminate him: ‘No one is bound to furnish information against himself. It [the common law] says: ‘If a witness claims the protection of the court, on the . .
CitedUnited States v Ramsey 6-Jun-1977
United States Supreme Court – Title 19 U.S.C. ss 482 and implementing postal regulations authorize customs officials to inspect incoming international mail when they have a ‘reasonable cause to suspect’ that the mail contains illegally imported . .
CitedRank Film Distributors v Video Information Centre CA 1980
The plaintiff film companies accused the defendants of pirating their films. They obtained Anton Piller orders which required the defendants to permit the plaintiffs to enter their premises to inspect and remove any unauthorised films, and three . .
CitedRegina v Simmons 1988
(Supreme Court of Canada) A contraband search based on reasonable suspicion of the presence of smuggled material is an exception to the usual requirements for searches imposed by section 8 of the Charter of Fundamental Rights.
Dickson CJ said: . .
CitedRegina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
CitedAmann v Switzerland ECHR 16-Feb-2000
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 with regard to interception of telephone call; Violation of Art. 8 with regard to creation and storing of information card; Preliminary objection . .
CitedAmann v Switzerland ECHR 16-Feb-2000
(Grand Chamber) Complaint as to non-disclosure of prosecution evidence.
Held: The holding and use of the information in question had not been ‘in accordance with the law’, as required by article 8(2), because of the absence from the relevant . .
CitedGillan and Quinton v The United Kingdom ECHR 12-Jan-2010
The claimants had been stopped by the police using powers in the 2000 Act. They were going to a demonstration outside an arms convention. There was no reason given for any suspicion that the searches were needed.
Held: The powers given to the . .
CitedT and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
CitedCommissioner of Police of The Metropolis and Another v Times Newspapers Ltd and Another QBD 18-Apr-2011
The defendant had been sued in defamation, and now sought release of police records as to the claimant. . .
CitedCommissioner of Police of The Metropolis and Another v Times Newspapers Ltd and Another QBD 24-Oct-2011
The claimant accused the defendant newspaper and journalist of breach of confidence, conversion and Data Protection breach. They said that he had received and published extracts from a confidential internal document leaked to him. . .
CitedAustin and Others v The United Kingdom ECHR 15-Mar-2012
Grand Chamber – The applicants complained that their restriction within a police cordon (a measure known as ‘kettling’) for up to seven hours during the course of a demonstration in central London amounted to a deprivation of their liberty in breach . .
CitedFerdinand Jozef Colon v The Netherlands ECHR 15-May-2012
Acting under the Municipalities Act, with the authority of a byelaw passed by the local council, the Burgomaster of Amsterdam designated most of the old centre of Amsterdam as a security risk area for a period of six months and again for a further . .
CitedSociedade Nacional de Combustatives de Angola UEE v Lundqvist CA 1990
Large quantities of crude oil had been sold at an undervalue by a dishonest consultant and his associates. A Mareva injunction had been granted. The defendant objected to being required to disclose the extent of his foreign assets saying that such . .
CitedSaunders v The United Kingdom ECHR 17-Dec-1996
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the . .
CitedRekvenyi v Hungary ECHR 20-May-1999
Hudoc Grand Chamber – No violation of Art. 10; No violation of Art. 11; No violation of Art. 14+10; No violation of Art. 14+11 Reports of Judgments and Decisions 1999-III
The level of precision required of . .
CitedSwiggs and others v Nagarajan HL 15-Jul-1999
Bias may not be intentional
The applicant claimed that he had been denied appointment to a job with London Regional Transport because he had brought a number of previous race discrimination claims against it or associated companies. An industrial tribunal had upheld his claim . .
CitedIgen Ltd v Wong CA 18-Feb-2005
Proving Discrimination – Two Stage Process
Each appeal raised procedural issues in discrimination cases, asking where, under the new regulations, the burden of proof had shifted.
Held: The new situation required a two stage process before a complaint could be upheld. First the claimant . .
CitedGillan and Quinton v The United Kingdom ECHR 12-Jan-2010
The claimants had been stopped by the police using powers in the 2000 Act. They were going to a demonstration outside an arms convention. There was no reason given for any suspicion that the searches were needed.
Held: The powers given to the . .
CitedAmbrose v Harris, Procurator Fiscal, Oban, etc SC 6-Oct-2011
(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what . .
CitedQuila and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Oct-2011
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
CitedBank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .
CitedGahramanov v Azerbaijan ECHR 15-Oct-2013
(Admissibility) The applicant was prevented for (on his own case) some four hours from leaving, after being stopped at an airport.
Held: The complaint was inadmissible on the ground that it had not been shown that he had been obliged to remain . .
CitedLord 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 by:
CitedRoberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another SC 17-Dec-2015
The Court considered the validity of suspicionless stop and search activities under s 60 of the 1994 Act, by police officers.
Held: The claimant’s appeal failed. The safeguards attending the use of the s 60 power, and in particular the . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Police, Crime

Updated: 11 November 2021; Ref: scu.550389

C, Regina (on The Application of) v Secretary of State for The Home Department and Another: CA 19 Jan 2011

The Chief Constable appealed against an order made against him on the disclosure made on replying to an Enhanced Criminal Record Certificate request, of unproven sexual misconduct allegations against the claimant. The judge had found the disclosure disproportionate given the circumstances of the allegation. The allegations were some 15 years old, and the judge found that insufficient consideration had been given by the appellant to the position applied for.
Held: The appeal system within the Act related only to the accuracy of the information provided. It should be practice before proceedings to allow the claimant to make representations. In this case the respondent had applied the inapplicable criteria, and had not taken any representations. The judge had been able to quash the decision. He had however gone beyond that to grant declaratory and injunctive relief, and those were set aside.

Lord Neuberger MR, Wilson, Toulson LJJ
[2011] EWCA Civ 175, [2011] PTSR D41, [2011] 2 FLR 383, [2011] Fam Law 581
Bailii
European Convention on Human Rights 8, Police Act 1997
England and Wales
Citing:
CitedRegina (X) v Chief Constable of West Midlands Police CA 30-Jul-2004
The claimant had been accused of offences, but the prosecution had been discontinued when the child victims had failed to identify him. The police had nevertheless notified potential employers and he had been unable to obtain work as a social . .
CitedL, Regina (On the Application of) v Commissioner of Police of the Metropolis SC 29-Oct-2009
Rebalancing of Enhanced Disclosure Requirements
The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private . .

Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 11 November 2021; Ref: scu.430224

Khan v Commissioner of Police for the Metropolis: CA 4 Jun 2008

An arrested person had given a false address. The police used their powers under search that address. The occupier obtained an award of damages. The Commissioner appealed.
Held: Police powers to enter premises and search them on the basis that they were occupied or controlled by somebody under arrest required as a fact that the person detained was actually the person in control of the premises. The defendant’s appeal failed.

Pill LJ, May LJ, Moses LJ
[2008] EWCA Civ 723, Times 16-Jun-2008
Bailii
Police and Criminal Evidence Act 1984 18(1)
England and Wales

Police, Torts – Other

Updated: 11 November 2021; Ref: scu.270570

White, Frost and others v Chief Constable of South Yorkshire and others: HL 3 Dec 1998

No damages for Psychiatric Harm Alone

The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy.
Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the plaintiffs’ claims as employees. An employer has a duty to protect his employees from physical but not psychiatric harm unless there was also a physical injury. A rescuer, not himself exposed to physical risk by being involved in a rescue was a secondary victim, and as such not entitled to claim. Primary victims are ‘victims who are imperilled or reasonably believe themselves to be imperilled by the defendant’s negligence’.
Lord Steyn said: ‘the law on the recovery of compensation for pure psychiatric harm is a patchwork quilt of distinctions which are difficult to justify. The first is to wipe out recovery in tort for pure psychiatric injury. The case for such a course has been argued by Professor Stapleton. But that would be contrary to precedent and, in any event, highly controversial. Only Parliament could take such a step. The second solution is to abolish all the special limiting rules applicable to psychiatric harm. That appears to be the course advocated by Mullany and Handford, Tort Liability for Psychiatric Damage. They would allow claims for pure psychiatric damage by mere bystanders: see (1997) 113 LQR 410, 415. Precedent rules out this course and, in any event, there are cogent policy considerations against such a bold innovation. In my view the only sensible general strategy for the courts is to say thus far and no further. The only prudent course is to treat the pragmatic categories as reflected in in authoritative decisions such as the Alcock case and Page v. Smith as settled for the time being, but by and large to leave any expansion or development in this corner of the law to Parliament. In reality there are no refined analytical tools which will enable the courts to draw lines by way of compromise solution in a way that is coherent and morally defensible. It must be left to Parliament to undertake the task of radical law reform.’

Lord Steyn and Lord Hoffmann, Lord Browne-Wilkinson
Gazette 13-Jan-1999, [1999] 1 All ER 1, [1999] 2 AC 455, [1998] UKHL 45, [1999] ICR 216, [1998] 3 WLR 1509, [1999] IRLR 110, (1999) 45 BMLR 1
House of Lords, Bailii
England and Wales
Citing:
Appeal fromFrost and Others v Chief Constable of South Yorkshire and Others CA 31-Oct-1996
The distinction normally made between primary and secondary victims claiming damages for shock in witnessing a terrible event does not apply to employees who were obliged by their contract to be present. . .
CitedAlcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991
The plaintiffs sought damages for nervous shock. They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. The defendant police service had not . .
RegrettedPage v Smith HL 12-May-1995
The plaintiff was driving his car when the defendant turned into his path. Both cars suffered considerable damage but the drivers escaped physical injury. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . .
CitedHambrook v Stokes Brothers CA 1925
The defendant’s employee left a lorry at the top of a steep narrow street unattended, with the engine running and without having taken proper steps to secure it. The lorry ran violently down the hill. The plaintiff’s wife had been walking up the . .
CitedKing v Phillips CA 1952
Denning LJ said: ‘there can be no doubt since Bourhill v. Young that the test of liability for shock is foreseeability of injury by shock.’ A person ‘who suffers shock on being told of an accident to a loved one cannot recover damages from the . .
CitedMcFarlane v E E Caledonia Ltd CA 10-Sep-1993
The court will not extend a duty of care to mere bystanders of horrific events. Nor is any duty of care owed to a rescuer lacking ordinary courage. Whether a person is to be regarded as a rescuer will be a question of fact to be decided on the . .
CitedOverseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1) PC 18-Jan-1961
Foreseeability Standard to Establish Negligence
Complaint was made that oil had been discharged into Sydney Harbour causing damage. The court differentiated damage by fire from other types of physical damage to property for the purposes of liability in tort, saying ‘We have come back to the plain . .
CitedChadwick v British Railways Board 1967
Mr Chadwick tried to bring relief and comfort to the victims of the Lewisham train disaster in December 1967. His widow claimed in nervous shock, saying that it had eventually led to his own death.
Held: Where an accident is of a particular . .
CitedBest v Samuel Fox and Co Ltd 1952
The court considered liability for injury to secondary victims. Lord Morton of Henryton: ‘it has never been the law of England that an invitor, who has negligently but unintentionally injured an invitee, is liable to compensate other persons who . .
CitedMount Isa Mines Ltd v Pusey 1970
The court considered how progress is made in developing the law of liability for damages for psychiatric injury, saying ‘The field is one in which the common law is still in course of development. Courts must therefore act in company and not alone. . .
CitedMalcolm v Broadhurst QBD 1970
The principle of foreseeability of psychiatric injury is subject to the qualification that, where the psychiatric injury suffered by the plaintiff is consequential upon physical injury for which the defendant is responsible in law, the defendant . .
CitedBrice v Brown 1984
The plaintiff, a lady with a hysterical personality disorder since childhood, had a minor taxi accident and then developed a major psychiatric illness – bizarre behaviour, suicide attempts, pleading with people to cut her head off – in response to a . .
CriticisedPage v Smith HL 12-May-1995
The plaintiff was driving his car when the defendant turned into his path. Both cars suffered considerable damage but the drivers escaped physical injury. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . .
MentionedWalker v Northumberland County Council QBD 16-Nov-1994
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did . .
CitedHinz v Berry CA 1970
Then plaintiff saw her husband killed and her children injured by a runaway motor car. At trial she was awarded damages for nervous shock. The question was whether, having regard to the fact that she had suffered sorrow and grief it would not be to . .

Cited by:
CitedKeen v Tayside Contracts OHCS 26-Feb-2003
The claimant sought damages for post traumatic stress disorder. He was a road worker instructed to attend by the defendant immediately after a terrible accident.
Held: It was a classic case of nervous shock. He was not a rescuer, and nor had . .
CitedGlen and Other v Korean Airlines Company Ltd QBD 28-Mar-2003
The claimant sought damages for personal injuries under the Act. The injuries were psychiatric, being suffered when they witnessed a crash from the ground.
Held: Psychiatric injury is a recognised form of personal injury, and no statute . .
CitedSalter v UB Frozen Chilled Foods OHCS 25-Jul-2003
The pursuer was involved in an accident at work, where his co-worker died. He suffered only psychiatric injury.
Held: Being directly involved, the pursuer was a primary victim, and accordingly not subject to the limits on claiming for . .
CitedMullaney v Chief Constable of West Midlands Police CA 15-May-2001
The claimant police officer was severely injured making an arrest. He claimed damages from the respondent for contributory negligence of other officers in failing to come to his assistance.
Held: If a police officer owes a duty of care to . .
CitedMcLoughlin v Jones; McLoughlin v Grovers (a Firm) CA 2002
In deciding whether a duty of care is established the court must go to the ‘battery of tests which the House of Lords has taught us to use’, namely: ‘. . the ‘purpose’ test (Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd); the ‘assumption . .
ConsideredCampbell v North Lanarkshire Council and Scottish Power Plc SCS 30-Jun-1999
. .
CitedRothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006
Each claimant sought damages after being exposed to asbestos dust. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim.
Held: (Smith LJ dissenting) The . .
CitedBarber v Somerset County Council HL 1-Apr-2004
A teacher sought damages from his employer after suffering a work related stress breakdown.
Held: The definition of the work expected of him did not justify the demand placed upon him. The employer could have checked up on him during his . .
CitedWaters v Commissioner of Police for the Metropolis HL 27-Jul-2000
A policewoman, having made a complaint of serious sexual assault against a fellow officer complained again that the Commissioner had failed to protect her against retaliatory assaults. Her claim was struck out, but restored on appeal.
Held: . .
CitedFrench and others v Chief Constable of Sussex Police CA 28-Mar-2006
The claimants sought damages for psychiatric injury. They were police officers who had been subject to unsuccessful proceedings following a shooting of a member of the public by their force.
Held: The claim failed: ‘these claimants have no . .
CitedJohnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar HL 17-Oct-2007
The claimant sought damages for the development of neural plaques, having been exposed to asbestos while working for the defendant. The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but . .
CitedCalvert v William Hill Credit Ltd ChD 12-Mar-2008
The claimant said that the defendant bookmakers had been negligent in allowing him to continue betting when they should have known that he was acting under an addiction. The defendant company had a policy for achieving responsible gambling, . .
CitedTaylor v A Novo (UK) Ltd CA 18-Mar-2013
The deceased had suffered a head injury at work from the defendant’s admitted negligence. She had been making a good recovery but then collapsed and died at home from pulmonary emboli, and thrombosis which were a consequence of the injury. The . .
CitedZurich Insurance Plc UK Branch v International Energy Group Ltd SC 20-May-2015
A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. had introduced the Special Rule . .
CitedPaul and Another v The Royal Wolverhampton NHS Trust QBD 4-Jun-2020
Nervous shock – liability to third parties
The claimants witnessed the death of their father from a heart attack. They said that the defendant’s negligent treatment allowed the attack to take place. Difficult point of law about the circumstances in which a defendant who owes a duty of care . .
CitedJames-Bowen and Others v Commissioner of Police of The Metropolis SC 25-Jul-2018
The Court was asked whether the Commissioner of Police of the Metropolis (‘the Commissioner’) owes a duty to her officers, in the conduct of proceedings against her based on their alleged misconduct, to take reasonable care to protect them from . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Police, Damages, Negligence

Leading Case

Updated: 11 November 2021; Ref: scu.158976

Phillips v Newsgroup Newspapers Ltd and Others: ChD 17 Nov 2010

The claimant had been assistant to a well known publicist. The defendant had settled an action brought by her principal for hacking his mobile telephone, in the course of which it appeared that the claimant’s phone had also been hacked. She now sought disclosure of documents from the defendants, including from the police investigation. Other orders were sought for disclosure of information related to the instructions given to the hacking agents.
Held: The information was information to which the claimant was entitled. Orders were made for production of the documents subject to the protection of third parties. As to the claim for protection from self incrimination, there would have been such a claim but for section 72 of the 1981 Act.

Mann J
[2010] EWHC 2952 (Ch)
Bailii
Senior Courts Act 1981 72
England and Wales
Citing:
CitedMarcel v Commissioner of Police of the Metropolis CA 1992
A writ of subpoena ad duces tecum had been issued requiring the production by the police for use in civil proceedings of documents seized during a criminal fraud investigation. The victim of the fraud needed them to pursue his own civil case.
CitedFrankson and Others v Secretary of State for the Home Department; Johns v Same CA 8-May-2003
The claimants sought damages for injuries alleged to have been received at the hands of prison officers whilst in prison. They now sought disclosure by the police of statements made to the police during the course of their investigation.
Held: . .
CitedRegina v Boyes 27-May-1861
A defendant seeking to avoid answering questions so as not to incriminate himself is to be given some understanding and latitude in respecting his own interpretation. The beneficiary of a pardon could be called upon to incriminate himself because he . .
CitedBlunt v Park Lane Hotel Ltd CA 1942
The court considered the rule against self incrimination. Lord Justice Goddard said: ‘The rule is that no one is bound to answer any questions if the answer thereto would, in the opinion of the judge, have a tendency to expose the defendant to any . .
CitedRio Tinto Zinc Corporation v Westinghouse Electric Corporation, Re Westinghouse Electric Corpn Uranium Contract Litigation MDL Docket No 235 (No 2) HL 1977
The court considered a claim that a party was not compelled to give evidence where it might incriminate him: ‘No one is bound to furnish information against himself. It [the common law] says: ‘If a witness claims the protection of the court, on the . .
CitedVeolia Es Nottinghamshire Ltd v Nottinghamshire County Council and Others CA 29-Oct-2010
An elector sought disclosure under the 1988 Act concerning a contract with certain contractors. The authority refused saying that they were commercially sensitive, and the company said that doisclosure would affect its own human rights.
Held: . .
CitedDen Norske Bank ASA v Antonatos and Another CA 7-Apr-1998
The defendants appealed orders requiring them to attend court and provide evidence under cross-examination. They claimed a prvilege against self-incrimination.
Waller LJ said: ‘A witness is entitled to claim the privilege in relation to any . .
CitedSaunders v The United Kingdom ECHR 17-Dec-1996
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the . .

Cited by:
Appeal fromCoogan v News Group Newspapers Ltd etc CA 1-Feb-2012
The claimants said that their voicemail accounts had been hacked by one defendant on behalf of the other. They sought discovery of records, and the defendants argued for the benefit of the privilege against self incrimination.
Lord Neuberger MR . .
At First InstancePhillips v Mulcaire SC 24-May-2012
The claimant worked as personal assistant to a well known public relations company. She alleged that the defendant had intercepted telephone message given by and left for her. The court was asked first as to whether the information amounted to . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice, Police, Information

Updated: 11 November 2021; Ref: scu.426063

Adorian v The Commissioner of Police of the Metropolis: CA 23 Jan 2009

The claimant received injuries when arrested. He was later convicted of resisting arrest. The defendant relied on section 329 of the 2003 Act. The claimant said that the force used against him was grossly disproportionate. The commissioner appealed against a refusal to strike out the claim, saying that consent to the action should have been obtained.
Held: The Commissioner’s appeal failed. The section is not directed primarily at protecting the police. Interpreting the section as a jurisdictional bar rather than a procedural one would complicate further limit the applicable limitation periods. An application for consent would have to be made on notice. ‘Section 329 stipulates only that a claimant who sues someone for assaulting him in trying to prevent a crime or to apprehend him for committing it will have to show merits sufficient to defeat the special statutory defence if his action is to be allowed to proceed. It makes it legitimate to visit in costs an application which is made later than it should have been, but it does not either explicitly or implicitly involve the drastic step of nullifying proceedings, however sound, which have been initiated without first clearing this hurdle.’

Sedley LJ, Keene LJ, Smith LJ
[2009] EWCA Civ 18, Times 23-Feb-2009, [2009] CP Rep 21, [2009] 1 WLR 1859
Bailii
Criminal Justice Act 2003 329
England and Wales
Citing:
CitedRendall v Blair 1890
Where a statute requires leave to commence proceedings to be granted, a failure to obtain such consent does not automatically render the proceedings a nullity.
Bowen LJ said: ‘this section is not framed in the way in which sections are framed . .
CitedBarras v Aberdeen Steam Trawling and Fishing Co HL 17-Mar-1933
The court looked at the inference that a statute’s draughtsman could be assumed when using a phrase to rely on a known interpretation of that phrase.
Viscount Buckmaster said: ‘It has long been a well established principle to be applied in the . .
CitedIn re Saunders (A Bankrupt) ChD 1997
Very emphatic language was required in a statute before want of leave should, without more, result in proceedings being treated as a nullity. Leave could in appropriate circumstances be granted after the event notwithstanding the proceedings had . .
Appeal fromAdorian v Commissioner of Police of the Metropolis QBD 19-May-2008
Claim for damages for assault during arrest. It became necessary for the claimant to issue proceedings very quickly after the decision in Hoare, and he failed to obtain consent under the 2003 Act before issuing his claim.
Held: The requirement . .
CitedA v Hoare HL 30-Jan-2008
Each of six claimants sought to pursue claims for damages for sexual assaults which would otherwise be time barred under the 1980 Act after six years. They sought to have the House depart from Stubbings and allow a discretion to the court to extend . .
CitedSeal v Chief Constable of South Wales Police HL 4-Jul-2007
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial . .
CitedWinch v Jones CA 1986
The court asked as to the criteria which should be applied when considering an application by a mental patient for leave to bring proceedings under section 139: ‘section 139 protects the defendant unless and until the applicant obtains leave. This . .
CitedPepper (Inspector of Taxes) v Hart HL 26-Nov-1992
Reference to Parliamentary Papers behind Statute
The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the . .

Cited by:
CitedPark v Cho and Others ChD 24-Jan-2014
The parties disputed the chairmanship of a charity. The claimant succeeded, but a third party later intervened saying that permission had not first been obtained from the Charity Commission as required. The defendant now appealed against the lifting . .

Lists of cited by and citing cases may be incomplete.

Police, Personal Injury, Litigation Practice

Updated: 10 November 2021; Ref: scu.280131

Syed v Director of Public Prosecutions: Admn 13 Jan 2010

The defendant appealed by case stated against his conviction for assaulting a police officer in the execution of his duty. Three officers responded to a report of a disturbance and entered his house despite his struggle. The officers purported to use their powers under section 17 of the 1984 Act.
Held: The appeal succeeded. The entry was unlawful. The magistrates had accepted as a test that the officers had acted out of concern for the welfare of somebody in the house. That test was too low: ‘Parliament intended that the right of entry by force without any warrant should be limited to cases where there was an apprehension that something serious was otherwise likely to occur, or perhaps had occurred, within the house, hence the adjective ‘serious’ applied to any question of damage . . it again indicates a serious matter – that what had happened in the premises, or what might happen in the premises, would involve some serious injury to an individual therein.’

Mr Justice Collins and Mr Justice Silber
[2010] 1 Cr App Rep 34, (2010) 174 JP 97, [2010] EWHC 81 (Admin), Times 26-Jan-2010
Bailii
Police Act 1996 89(1), Police and Criminal Evidence Act 1984 17(1)(e)
England and Wales
Citing:
CitedBourne (Inspector of Taxes) v Norwich Crematorium Ltd 1967
Stamp J said: ‘Sentences are not mere collections of words to be taken out of the sentence, defined separately by reference to the dictionary or decided cases, and then put back again into the sentence with the meaning which one has assigned to them . .
CitedBaker v Crown Prosecution Service Admn 27-Jan-2009
Complaint was made as to the entry by police officers into premises seeking a knife.
Held: May LJ said: ‘The expression ‘saving life or limb’ is a colourful, slightly outmoded expression. It is here used in close proximity with the expression . .

Lists of cited by and citing cases may be incomplete.

Police, Crime

Updated: 10 November 2021; Ref: scu.393392

Love v National Crime Agency: 10 May 2016

(City of Westminster Magistrates Court) The NCA had made a request to the court for an order that the now claimant surrender, under the 1897 Act, passwords to encrypted computer files. An application had already been made under the 2000 Act, to which the claimant had replied that he did not have the passwords sought. On his application for the return of the computers held, the NCA sought orders under case management rules for the disclosure of the passwords. The claimant now objected that the request was an abuse of process, and that the police had and should use the 2000 Act which provided appropriate safeguards.
Held: The NCA’s request was refused. The correct procedure was under the 2000 Act with the inherent HRA safeguards incorporated therein. Case management rules are necessary to fulfil their objectives which include the early identification of the real issues in the case and, as per the new CPR relating to applications under the PPA, the applicant to explain his interest in the property

District Judge (Magistrate’s Court) N Tempia
011503187270
Judiciary
Police Property Act 1897, Computer Misuse Act 1990 1(1), Regulation of Investigatory Powers Act 2000, Magistrates Court Rules 1981 3A, Criminal Procedure (Amendment)
Rules 2016
, European Convention on Human Rights 1 8
England and Wales

Police, Human Rights

Updated: 10 November 2021; Ref: scu.563252

T, Regina (on The Application of) v Greater Manchester Police and Another: Admn 9 Feb 2012

The claimant challenged the terms of an enhanced Criminal Records Certificate issued by the defendant. He had been warned in 2002 for suspicion of theft of two cycles. The record had been stepped down in 2009, but then re-instated. He wished to enter a sports studies degree.
Held: The application for review was unsuccessful. Parker J said: ‘I feel constrained by binding authority to conclude that the challenged provisions of the 1997 Act are compatible with Article 8 ECHR, although if I had not been so constrained I would have found that the present system that allows no exceptions and provides no mechanism for review was disproportionate and not compatible with Article 8.’
Parker J described principles he derived from the cases and the 1997 Act: ‘the so far as concerns information under Section 115(6)(a)(ii) of the 1997 Act there is a two-stage procedure to determine the proportionality under Article 8 of disclosure. First, the information must be considered potentially relevant to the decision for which disclosure is required and secondly disclosure should be made only after consideration of other factors . . The person to whom information relates must also have an opportunity to make representations about whether the information is reliable and relevant and whether, in all the circumstances, it ought to be disclosed. However, in my respectful opinion, Lord Neuberger made it clear at paragraph 76 that this two-stage procedure did not apply to convictions and cautions. In the case of convictions and cautions, the information in question is almost certain to be correct and the information conclusively evidences the commission of a criminal offence. There might be debate about the relevance of the conviction or caution to the decision for which disclosure is required in any particular case but in that event the prospective employer is at liberty and under current legislation entitled to know that the prospective employee has committed a crime, and to assess for herself any potential risk in offering employment to that person. ‘

Parker J
[2012] EWHC 147 (Admin)
Bailii
European Convention on Human Rights, Police Act 1997 113B 115(6)
England and Wales
Citing:
CitedChief Constable of Humberside Police and Others v The Information Commissioner and Another CA 19-Oct-2009
Complaints had been made that the police were not deleting from their criminal records very old records of minor convictions. The police appealed against a finding that they should do so under Data Protection Principles. The Police had used a policy . .
BindingL, Regina (On the Application of) v Commissioner of Police of the Metropolis SC 29-Oct-2009
Rebalancing of Enhanced Disclosure Requirements
The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private . .
CitedCarson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same HL 26-May-2005
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s . .
CitedMosley v The United Kingdom ECHR 10-May-2011
The claimant complained of the reporting of a sexual encounter which he said was private.
Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more . .
CitedF and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 21-Apr-2010
The defendants had been convicted and sentenced for offences which under the 2003 Act would mean that they stayed permanently on the Sex Offenders’ register without possibility of a review. The Secretary of State appealed aganst a finding that the . .
MentionedBouchacourt v France ECHR 17-Dec-2009
The applicant had been sentenced to ten years’ imprisonment for rape and sexual assault on minors. His name had been placed automatically on a Register of Sexual and Violent Offenders, and had had to confirm his address every year and to give notice . .
MentionedWilson, Regina (on the Application of) v Wychavon District Council and Another CA 6-Feb-2007
The claimants said that an enforcement notice issued against them under a law which would prevent such a notice against the use of a building as a dwelling, but not against use of a caravan as a dwelling, discriminated against them as gypsies.
CitedAnimal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport HL 12-Mar-2008
The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of . .
CitedSecurity Industry Authority v Stewart and Sansara Admn 17-Oct-2007
Various parties challenged the granting and withholding of licenses to operate as door supervisors (bouncers). The SIA regulated the grant of licences, and published criteria for their grant. It had been said that the inclusing of very minor . .

Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 10 November 2021; Ref: scu.451001

Greater Manchester Police v Wigan Athletic AFC Ltd: CA 19 Dec 2008

The parties disputed the amounts payable by a football club to the police for the attendance of police officers at matches. The defendant appealed against a finding that it had requested the services for which charges had been made under section 25 of the 1996 Act. The judge had acted on the basis that a request could be implied. The club also said that the disagreement was as to the appropriate number of police officers to be allocated.
Held: The club’s appeal succeeded. The police mistakenly thought they did not have a choice not to police the event. Had no police been available, no safety certificate would have been given, and the match would not have been allowed. No effective request for the services had been made: ”the request’ must match the special police services supplied. The match need not be exact because it is for the Chief Constable to determine the level of policing required. So, if a person asks the police authority to provide special police services at a private event and the services are provided at the level the police authority considers to be necessary it is no answer to the police authority’s claim for reimbursement of the costs that the request had not specified the level of policing actually supplied.’ The judge had incorrectly distinguished the BAGS case. The club’s appeal succeeded. Kay LJ dissenting.

Lord Chancellor, Kay LJ, Smith LJ
[2008] EWCA Civ 1449, [2009] 1 WLR 1580
Bailii
Safety of Sports Grounds Act 1975, Police Act 1996 25
England and Wales
Citing:
CitedGlasbrook Brothers Limited v Glamorgan County Council HL 1925
A colliery manager asked for police protection for his colliery during a strike. He wanted police officers to be billeted on the premises. The senior police officer for the area was willing to provide protection by a mobile force, but he refused to . .
CitedHarris 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 . .
Appeal fromGreater Manchester Police v Wigan Athletic AFC Ltd ChD 21-Dec-2007
The claimant sought payment under section 25 from the defendant football club for the costs of policing football matches. The defendant said that the sums were not due since the events had been over-policed, and had not been agreed or requested.
CitedReading Festival Ltd v West Yorkshire Police Authority CA 3-May-2006
The organisers of a music festival in Leeds appealed a decision that they were liable to pay in full a bill from the police for additional services in policing the festival.
Held: The organisers appeal succeeded. Whilst it was a matter for the . .
CitedBookmakers’ Afternoon Greyhound Services Ltd v Wilf Gilbert (Staffordshire) Ltd 1994
The bookmaker defendant received a broadcast information service for which he was prepared to pay. That service carried another information service (‘BAGS’) for which the second provider also sought payment. The bookmaker was not prepared to pay for . .
CitedRowe, Regina (on the Application of) v Vale of White Horse District Council Admn 7-Mar-2003
The local council sought to claim payment for sewerage services enjoyed by a householder.
Held: Where a supplier has supplied services to another and there is no contractual relationship in existence, the law may afford to the supplier . .

Lists of cited by and citing cases may be incomplete.

Police, Contract

Updated: 10 November 2021; Ref: scu.278978

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. A client and family members had been convicted of giving false evidence, after, following acquittal, material was disclosed suggesting that the claimant’s firm were aware of the falsity of the defence put forward. It was suggested by an officer that the client had then also implicated the claimant, and he was prosecuted.
Held: The claim failed. At the time of the decision the officers had adequate material to support ‘reasonable and probable cause’. Whatever their shortcomings) genuinely believed that there was a case fit to be placed before a jury.

Eady J
[2011] EWHC 2836 (QB)
Bailii
England and Wales
Citing:
CitedMartin 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 . .
CitedAlford v Cambridgeshire Police CA 24-Feb-2009
The claimant police officer had been held after an accident when he was in a high speed pursuit of a vehicle into the neighbouring respondent’s area. The prosecution had been discontinued, and he now appealed against rejection of his claims for . .
CitedWilliams v Taylor 1829
No action will lie for the institution of legal proceedings, however malicious, unless they have been instituted without reasonable and probable cause. Tindal CJ said: ‘Malice alone is not sufficient, because a person actuated by the plainest malice . .
CitedLister v Perryman HL 1870
In a case alleging malicious prosecution, the existence of reasonable and probable cause is a question for the judge and not for the jury.
Lord Chelmsford said: ‘[T]here can be no doubt since the case of Panton v Williams, in which the question . .
CitedHerniman v Smith HL 1938
The court considered the tort of malicious prosecution.
Held: It is the duty of a prosecutor to find out not whether there is a possible defence, but whether there is a reasonable and probable cause for prosecution. The House approved the . .
CitedTims v John Lewis and Co Ltd CA 1951
The plaintiff said that the defendant’s allegation against him leading to a prosecution which failed was malicious.
Held: Lord Goddard CJ said: ‘It is quite easy to imagine a case in which a person was thoroughly justified in bringing . .
CitedBT v Crown Prosecution Service CA 16-Dec-1997
The plaintiff appealed against dismissal of his claim for malicious prosecution brought against the Service.
Held: Actions for malicious prosecution, against the Crown Prosecution Service are to be examined closely to ensure that they are not . .
CitedRavenga v Mackintosh 8-May-1824
It is a good defence to an action for a malicious arrest, that the defendant, when he caused the plaintiff to be arrested, acted bona fide upon the opinion of a legal adviser of competent skill and ability, and believed that he had a good cause of . .
CitedDawson v Vansandau QBD 1863
The plaintiff, Dawson, a solicitor, had been charged by the defendant with conspiracy to defraud, in the form of collusion with a client and others to defraud the client’s creditors. When the charge was first laid, the only evidence available to the . .
CitedJohn Lewis and Co Ltd v Tims HL 1952
There had been an arrest by shop detectives of two customers who were believed to have stolen goods, the arrest taking place after they had left the shop. The shop detectives returned with them to the shop in order to allow a senior person in . .
CitedTempest 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 . .
CitedMoulton v Chief Constable of The West Midlands CA 13-May-2010
The claimant appealed against dismissal of his claim for damages for malicious prosecution and misfeasance in public office. He had been arrested and held on allegations of serious sexual assaults, but then released when the matter came to the Crown . .
CitedCoudrat v Revenue and Customs CA 26-May-2005
The claimant appealed against dismissal of his claim for false imprisonment and malicious prosecution against the Customs and Excise. He was arrested and held accused of VAT fraud. Proceedings were discontinued. He had signed an application for . .
CitedDarker v Chief Constable of The West Midlands Police HL 1-Aug-2000
The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were . .
CitedThree Rivers District Council and Others v Governor and Company of The Bank of England HL 18-May-2000
The applicants alleged misfeasance against the Bank of England in respect of the regulation of a bank.
Held: The Bank could not be sued in negligence, but the tort of misfeasance required clear evidence of misdeeds. The action was now properly . .
CitedAbbott v Refuge Assurance Co CA 1961
The plaintiff appealed against rejection of his private prosecution for malicious prosecution.
Held: On the evidence the defendant had had reasonable and probable grounds to believe that there was sufficient evidence to convict and therefore . .
CitedRe NP Engineering and Security Products Ltd; Official Receiver and Another v Pafundo and Another CA 22-Oct-1996
The official receiver began director disqualification proceedings, but before the proceedings commenced, the company was wound up. Where, on an application for the disqualification of a director, the official receiver and the Secretary of State . .

Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 10 November 2021; Ref: scu.448161

Hayes v Merseyside Police: CA 29 Jul 2011

The claimant had been arrested after a complaint of harassment. The officer then contacted the complainant who then withdrew his complaint. The officer went to visit the complainant to discuss it further. On his return the claimant was released from custody. He now sought damages, saying that the officer had not considered alternatives to arrest, and that he should have concluded that the claimant had been co-operative and that an arrest was unnecessary.
Held: The claimant’s appeal failed. The correct test was in two stages. The officer must have reasonable grounds for suspecting that an arrestable offence had been committed and that the suspect was responsible. Second: ‘that he had reasonable grounds for believing that it was necessary to arrest him to allow the prompt and effective investigation of the offence or of the conduct of’ the suspect. The court rejected the suggestion that the officer must also ‘actively consider all possible courses of action alternative to arrest; he must have taken into account all relevant considerations and have excluded all irrelevant ones’, accepting the defendant’s argument that that proposed test ‘is not to be found in the Act, is unnecessary, and would mean that the decision of the constable on the spot, often in difficult circumstances, would have to survive what is in effect a public law reasons challenge.’
The provisions of the Code of Practice were consistent with the approach taken here.
Hughes LJ said: ‘it is not the case that a voluntary attendance is always as effective a form of investigation as interview after arrest. Section 29 of the Act reminds officers of their duty, if inviting voluntary attendance, to tell the suspect that he may leave at any time he chooses. It would not be honest for an officer to invite a person to attend a voluntary interview if he intended to arrest him the moment he elected to leave. Nor would it be effective. It would mean that the suspect could interrupt the questioning the moment it reached a topic he found difficult. Even if it were possible simply then to arrest him, the interview could not continue until all the important formalities of reception into custody, checks on health, notification of friends or relatives and so on had been complied with.’

Ward, Richards, Hughes LJJ
[2011] EWCA Civ 911, [2011] 2 Cr App R 30, [2012] 1 WLR 517
Bailii
Police and Criminal Evidence Act 1984 24
England and Wales
Citing:
CitedDallison v Caffery CACD 1965
It is for the detaining authority to justify all periods of detention.
The court described the common law duty on a prosecutor to disclose material. Lord Denning MR said: ‘The duty of a prosecuting counsel or solicitor, as I have always . .
CitedCastorina v Chief Constable of Surrey CA 10-Jun-1988
Whether an officer had reasonable cause to arrest somebody without a warrant depended upon an objective assessment of the information available to him, and not upon his subjective beliefs. The court had three questions to ask (per Woolf LJ): ‘(a) . .
DistinguishedRichardson v The Chief Constable of West Midlands Police QBD 29-Mar-2011
The claimant, a teacher, said he had been unlawfully arrested and detained after an allegation of assault from a pupil. Having attended the police station voluntarily, he said that the circumstances did not satisfy the required precondition that an . .
CitedShields v Merseyside Police CA 17-Nov-2010
The claimant appealed against rejection of her claim for assault and false imprisonment. The officer arresting her wrongly believed that she had already been arrested, and it was said that he could not have gone through the steps necessary for an . .
CitedWilding v Chief Constable of Lancashire CA 22-May-1995
The court considered a claim by a woman for wrongful arrest and unlawful detention by police officers who had reasonably suspected her of burglary of the house of her former partner. In interview by the police, she denied the offence and made . .
CitedAlexander, Farrelly and Others, Re Judicial Review QBNI 5-Mar-2009
Each claimant said that they had been wrongfully arrested, the arresting police officers having either failed to ask whether the arrest was necessary (Farrelly), or mistakenly concluding so.
Held: The Order now contained in regulation . .
CitedO’Hara v Chief Constable of the Royal Ulster Constabulary HL 21-Nov-1996
The plaintiff had been arrested on the basis of the 1984 Act. The officer had no particular knowledge of the plaintiff’s involvement, relying on a briefing which led to the arrest.
Held: A reasonable suspicion upon which an arrest was founded . .

Cited by:
CitedFitzpatrick and Others v The Commissioner of Police of The Metropolis QBD 11-Jan-2012
fitzpatrick_compolQBD2012
The claimants, two solicitors and their employer firm sought damages alleging trespass and malicious procurement by police officers in obtaining and executing search warrants against the firm in 2007 when they were investigating suspected offences . .
CitedLord Hanningfield of Chelmsford v Chief Constable of Essex Police QBD 15-Feb-2013
The claimant sought damages alleging unlawful arrest and search and detention. He had served a term of imprisonment for having made false expenses claims to the House of Lords. This raid occurred on his release. The arrest was planned and made to . .

Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 10 November 2021; Ref: scu.442417

Castle and Others v Commissioner of Police for The Metropolis: Admn 8 Sep 2011

The claimants, all under 17 years old, took a peaceful part in a substantial but disorderly demonstration in London. The police decided to contain the section of crowd which included the claimants. The claimants said that the containment of children was unlawful within section 11 of the 2004 Act, and had been excessive in time.
Held: The claims failed. A police officer will not be deterred from performing his public duty to detect or prevent crime just because a child is affected but when he does perform that duty he must, as the circumstances require, have regard to the statutory need under the 2004 Act: ‘section 11 Children Act 2004 requires chief officers of police to carry out their functions in a way that takes into account the need to safeguard and promote the welfare of children . . However . . we do not consider that the defendant was in breach of this duty or of any of his public law duties.’ There was evidence that many in the crowd were armed, and much delay was caused by searching protesters as they were released: ‘the claim based upon unlawful detention at common law and interference with the claimants’ right to liberty under Articles 5 must fail.’
‘The chief officer’s statutory obligation is not confined to training and dissemination of information. It is to ensure that decisions affecting children have regard to the need to safeguard them and to promote their welfare.’ . . But . . ‘This does not mean that the duties and functions of the police have been re-defined by section 11 . . the guidance accurately states the obligation of chief officers of police ‘to carry out their existing functions in a way which takes into account the need to safeguard and promote the welfare of children’.’

Pitchford LJ, Supperstone J
[2011] EWHC 2317 (Admin), [2014] 1 All ER 953
Bailii
Children Act 2004 11, Criminal Justice and Public Order Act 1994 60, European Convention on Human Rights 5 8 19 11
England and Wales
Citing:
CitedAustin and Another v Commissioner of Police of the Metropolis HL 28-Jan-2009
The claimants had been present during a demonstration policed by the respondent. They appealed against dismissal of their claims for false imprisonment having been prevented from leaving Oxford Circus for over seven hours. The claimants appealed . .
CitedTS, Regina (on The Application of) v Secretary of State for The Home Department Admn 26-Oct-2010
The claimant had sought asylum as a child, declaring that he had not applied for asylum elsewhere. His fingerprints were matched to an applicant in Belgium.
Held: Wyn Williams J construed section 55 and the statutory guidance referred to in . .
CitedLaporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. . .
CitedAustin and Another v Commissioner of Police of the Metropolis CA 15-Oct-2007
The claimants appealed dismissal of their claims for false imprisonment and unlawful detention by the respondent in his policing of a demonstration. They had been held within a police cordon in the streets for several hours to prevent the spread of . .
CitedRe E (Children) (Abduction: Custody Appeal) SC 10-Jun-2011
Two children were born in Norway to a British mother (M) and Norwegian father (F). Having lived in Norway, M brought them to England to stay, but without F’s knowledge or consent. M replied to his application for their return that the children would . .
CitedAustin and Another v Commissioner of Police of the Metropolis HL 28-Jan-2009
The claimants had been present during a demonstration policed by the respondent. They appealed against dismissal of their claims for false imprisonment having been prevented from leaving Oxford Circus for over seven hours. The claimants appealed . .
CitedMoos and Another, Regina (on The Application of) v Commissioner of the Police of The Metropolis Admn 14-Apr-2011
The claimants, demonstrators at the G20 summit, complained of the police policy of kettling, the containment of a crowd over a period of time, not because they were expected to to behave unlawfully, but to ensure a separation from those who were. . .
CitedLumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
CitedPieretti v London Borough of Enfield CA 12-Oct-2010
The claimant sought a declaration that the duty set out in the 1995 Act applies to the discharge of duties, and to the exercise of powers, by local housing authorities under Part VII of the Housing Act 1996 being the part entitled ‘Homelessness’. . .
CitedZH (Tanzania) v Secretary of State for The Home Department SC 1-Feb-2011
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return . .

Cited by:
CitedNzolameso v City of Westminster SC 2-Apr-2015
The court was asked ‘When is it lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living? ‘ The claimant said that on applying for housing she . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Police, Children, Human Rights

Updated: 10 November 2021; Ref: scu.443762

Hussain v West Mercia Constabulary: CA 3 Nov 2008

The claimant taxi driver complained of misfeasance in public office in the way the defendant had responded to the several calls for assistance made by him to the police.
Held: His appeal against the striking out failed. The damages pleaded were nominal at best and did not justify the expense of a trial. Transient physical symptoms caused by anxiety or stress did not amount either to psychiatric or physical injury and were insufficient to constitute material damage, an essential ingredient of the tort of misfeasance in public office. The claimant had other and more appropriate remedies.

Sir Anthony Clarke, Master of the Rolls, Lord Justice Maurice Kay and Lord Justice Stanley Burnton
[2008] EWCA Civ 1205
Bailii, Times
England and Wales
Citing:
CitedMcLoughlin v O’Brian HL 6-May-1982
The plaintiff was the mother of a child who died in an horrific accident, in which her husband and two other children were also injured. She was at home at the time of the accident, but went to the hospital immediately when she had heard what had . .
CitedWatkins v Home Office and others HL 29-Mar-2006
The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Police

Updated: 10 November 2021; Ref: scu.277383