Category: Police

Humphries v Connor: 1864

The plaintiff walked the streets of Swanlinbar, Co Cavan, wearing an orange lily, an action which was ‘calculated and tended to provoke animosity between different classes of Her Majesty’s subjects’, according to the defendant’s pleadings. Several followed the plaintiff ‘and in consequence thereof caused very great noise and disturbance . . and threatened the plaintiff with personal violence for wearing said emblem.’ The defendant, a sub-inspector of Constabulary, requested the plaintiff to remove the emblem. When she refused he ‘gently and quietly, and necessarily and unavoidably’ removed the emblem. The plaintiff sued him for trespass. The plaintiff demurred.
Held: The court considered the duty of a police officer when faced with what he thought was an imminent breach of the peace: ‘With respect to a constable, I agree that his primary duty is to preserve the peace; and he may for that purpose interfere, and, in the case of an affray, arrest the wrongdoer; or, if a breach of the peace is imminent, may, if necessary, arrest those who are about to commit it, if it cannot otherwise be prevented.’
Hayes J: ‘It would seem absurd to hold that a constable may arrest a person whom he finds committing a breach of the peace, but that he must not interfere with the individual who has wantonly provoked him to do so.’

Judges:

Fitzgerald J, O’Brien and Hayes JJ

Citations:

(1864) 17 ICLR 1

Cited by:

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

Police

Updated: 01 May 2022; Ref: scu.247472

C, Regina (on the Application of) v ‘A’ Magistrates’ Court: Admn 26 Sep 2006

Complaint was made about the slipshod completion of applications for search warrants. The nature of the review of compliance with Section 24(4) was to be that appropriate to Section 24(6). Underhill J held: ’26. The terms of s-s. (5) are new and there is no authority on their effect. The previous s. 24 (6) provided simply that where a constable had reasonable grounds to suspect a person of having committed an arrestable offence he had a power to arrest without a warrant. The limits on the exercise of that power, and the extent of its reviewability, have been considered in a number of cases – of which I was referred in particular to Holgate-Mohammed v. Duke [1984] 1 AC 437 , Cumming v. Chief Constable of Northumbria [2003] EWCA Civ 1844 and Al Fayed v. Commissioner of Metropolitan Police [2004] EWCA Civ 1579 . In Al Fayed Auld LJ, at para. 83, noted that the earlier authorities established that the exercise of the discretion was reviewable only on Wednesbury principles.’

Judges:

Underhill J

Citations:

[2006] EWHC 2352 (Admin), [2008] Po LR 23

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 8 24(4)

Jurisdiction:

England and Wales

Cited by:

Cited – Redknapp and Another v Commissioner of the City of London Police and Another Admn 23-May-2008
The claimant challenged the legality of a search warrant and the method of its execution on his home. He complained that the police had ensured publicity for the execution of the warrant.
Held: The obtaining of a search warrant is never to be . .
Cited – Richardson 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 . .
Lists of cited by and citing cases may be incomplete.

Police, Magistrates

Updated: 01 May 2022; Ref: scu.245354

Snook v Mannion: QBD 1982

The police officer refused to leave premises after being told to ‘Fuck off’.
Held: Whether such words amounted to a withdrawal of the officer’s licence to be on the land was a question of fact in the circumstances.

Citations:

[1982] RTR 321, [1982] Crim LR 601

Jurisdiction:

England and Wales

Cited by:

Cited – Wayne Fullard, Ryan Roalfe, Regina (on the Application Of) v Woking Magistrates’ Court Admn 16-Nov-2005
The defendants challenged convictions for assaulting police officers acting in the course of their duty. They said the officers were not so acting. The first defendant had been stopped in a vehicle which had left the scene of an accident. At the . .
Cited – Blench v Director of Public Prosecutions Admn 5-Nov-2004
The defendant appealed against his conviction for assaulting a police officer in the execution of his duty under section 89. He had argued that he had no case to answer. The officers had received an emergency call to the house, but the female caller . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Police

Updated: 01 May 2022; Ref: scu.241692

Lambert v Roberts: QBD 1981

Police officers came into a garden to obtain a breath test. There had been repeated statements by the owner of the premises that the officers, who were on the driveway of his house, were on private property and that he believed the police had no right to administer a breath test in those circumstances.
Held: The officers came onto the garden by virtue of an implied licence, but (Donaldson LJ) ‘. . . it is a licence which is revocable without prior notice. In the present case the justices have found that the defendant’s statement that he was on private property and that the police officers were trespassing was such a notice. I am quite unable to say that this was wrong, although an alternative view of the defendant’s conduct, taken as a whole, is that he was simply disputing the right of the police officers to require a breath test on private property but was not effectively revoking their licence.’

Citations:

[1981] 72 Cr App R 223

Jurisdiction:

England and Wales

Cited by:

Cited – Wayne Fullard, Ryan Roalfe, Regina (on the Application Of) v Woking Magistrates’ Court Admn 16-Nov-2005
The defendants challenged convictions for assaulting police officers acting in the course of their duty. They said the officers were not so acting. The first defendant had been stopped in a vehicle which had left the scene of an accident. At the . .
Lists of cited by and citing cases may be incomplete.

Land, Police

Updated: 01 May 2022; Ref: scu.241689

Regina v Chief Constable of Devon and Cornwall ex parte CEGB: CA 1982

An unwanted kiss may be a battery. Lawton LJ discussed the individual responsibility of a police officer: ‘[chief constables] cannot give an officer under command an order to do acts which can only lawfully be done if the officer himself with reasonable cause suspects that a breach of the peace has occurred or is imminently likely to occur or an arrestable offence has been committed.’

Judges:

Lawton LJ

Citations:

[1982] QB 458

Jurisdiction:

England and Wales

Cited by:

Cited – KD v Chief Constable of Hampshire QBD 23-Nov-2005
The claimant’s daughter had made a complaint of rape. She alleged that she was sexually harassed by the investigating police officer, and sought damages also from the defendant, his employer. The officer denied that anything improper or . .
Cited – Commissioner 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 . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police

Updated: 01 May 2022; Ref: scu.241666

Wills v Bowley: HL 1983

The section required a constable to ‘take into custody without warrant, and forthwith convey before a Justice, any person who in his view’ commits a range of offences.
Held: It was to be construed in such a way as not unduly to narrow the police’s powers of arrest. Proper consideration should be had to the maintenance of public order and other aspects of the public interest and powers conferred by Parliament should not lightly be rendered ineffective. Lord Bridge of Harwich: ‘If a power of arrest in flagrante delicto is to be effective at all, the person who exercises it needs protection,….so far as the law can give it’. Section 28 of the 1847 Act protected the police, if they honestly if mistakenly believed on reasonable grounds that they have seen an offence being committed. (Majority decision)

Judges:

Lord Bridge of Harwich

Citations:

[1983] 1 AC 57

Statutes:

Town Police Clauses Act l847 47

Jurisdiction:

England and Wales

Cited by:

Cited – Naidike, Naidike and Naidike v The Attorney General of Trinidad and Tobago PC 12-Oct-2004
(Trinidad and Tobago) The claimant was arrested following expiry of the last of his work permits and after he had failed to provide evidence of his intention to leave. As he was arrested he was also arrested for assaulting a police officer. He was . .
Lists of cited by and citing cases may be incomplete.

Constitutional, Police

Updated: 01 May 2022; Ref: scu.237244

Regina (Jones) v Chief Constable of Cheshire Constabulary: 31 Oct 2005

The claimant challenged the revocation by the respondent of his pedlar’s licence. He had been arrested on a charge involving dishonesty, and his certificate was taken from him and held.
Held: The powers available were to the police to refuse to renew a certificate or to a magistrates court to revoke licence. The police did not have the power to do as they had. The declaration was granted.

Citations:

Times 04-Nov-2005

Statutes:

Pedlar’s Act 1871 5(1)

Police, Licensing

Updated: 30 April 2022; Ref: scu.234454

Regina v Lewes Crown Court ex parte Hill: 1991

Bingham LJ said: ‘The Police and Criminal Evidence Act governs a field in which there are two very obvious public interests. There is, first of all, a public interest in the effective investigation and prosecution of crime. Secondly, there is a public interest in protecting the personal and property rights of citizens against infringement and invasion. There is an obvious tension between these two public interests because crime could be most effectively investigated and prosecuted if the personal and property rights of citizens could be freely overridden and total protection of the personal and property rights of citizens would make investigation and prosecution of many crimes impossible or virtually so.
The 1984 Act seeks to effect a carefully judged balance between these interests and that it why it is a detailed and complex Act. If the scheme intended by Parliament is to be implemented it is important that the provisions laid down in the Act should be fully and fairly enforced. It would be quite wrong to approach the Act with any preconception as to how these provisions should be operated save in so far as such preconception is derived from the legislation itself.
It is, in my judgment, clear that the courts must try to avoid any interpretation which would distort the parliamentary scheme and so upset the intended balance. In the present field, the primary duty to give effect to the parliamentary scheme rests on circuit judges. It seems plain that they are required to exercise those powers with great care and caution. ‘
An officer applying for a search warrant is under a duty not only to avoid positive misrepresentation but ‘to make a full disclosure of all matters which might affect the court’s decision to make or refuse the order and, in particular, to make disclosure of all matters known to [them] which might militate against the making of an order.’

Judges:

Bingham LJ

Citations:

[1991] 93 Cr App R 60

Statutes:

Police and Criminal Evidence Act 1984

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Maidstone Crown Court ex parte Waitt QBD 1988
The solicitor applicant challenged the grant of a search order under section 9.
Held: The order was quashed. The court underlined the need for judges to be scrupulous in discharging their responsibilities so as to ensure that use of the . .
Cited – Regina v Leicester Crown Court ex parte DPP 1987
The police had applied for an order granting access to an accused’s bank account. The Judge ruled that the application should be made inter partes. The Director of Public Prosecutions sought judicial review of that ruling. By the time the case came . .

Cited by:

Cited – Regina v Director of Serious Fraud Office ex parte KM and others 7-Apr-1998
A request for assistance came from the United States pursuant to the Mutual Legal Assistance Treaty of 2nd December 1996. Pill LJ, giving the first judgment stressed the need for candour and full disclosure when a warrant is being sought, quoting . .
Cited – Energy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court Admn 22-Jul-2005
The claimants sought to set aside warrants and executions under them to provide assistance to a foreign court investigating alleged unlawful assistance to companies in Bosnia Herzegovina.
Held: The issue of such a warrant was a serious step. . .
Cited – Regina v Lewes Crown Court and Chief Constable of Sussex Police ex parte Nigel Weller and Co Admn 12-May-1999
The applicant sought judicial review of a decision to grant a search warrant in respect of his offices, saying that the material covered was protected by legal privilege. The warrant had been unavailable under section 8 because of the privilege, and . .
Cited – Faisaltex Ltd and others, Regina (on the Application of) v Crown Court Sitting at Preston and others etc Admn 21-Nov-2008
Nine claimants sought leave to bring judicial review of the issue of search warrants against solicitors’ and business and other premises, complaining of the seizure of excluded material and of special procedure material. There were suspicions of the . .
Cited – Mercury 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 . .
Cited – Sher and Others v Chief Constable of Greater Manchester Police and Others Admn 21-Jul-2010
The claimants, Pakistani students in the UK on student visas, had been arrested and held by the defendants under the 2000 Act before being released 13 days later without charge. They were at first held incognito. They said that their arrest and . .
Cited – Fitzpatrick and Others v The Commissioner of Police of The Metropolis QBD 11-Jan-2012
The claimants, two solicitors and their employer firm sought damages alleging trespass and malicious procurement by police officers in obtaining and executing search warrants against the firm in 2007 when they were investigating suspected offences . .
Cited – Mills and Another, Regina (on The Application of) v Sussex Police and Another Admn 25-Jul-2014
The claimants faced criminal charges involving allegations of fraud and corruption. They now challenged by judicial review a search and seizure warrant saying that it was unlawful. A restraint order had been made against them and they had complied . .
Cited – British Sky Broadcasting Ltd, Regina (on The Application of) v The Commissioner of Police of The Metropolis SC 12-Mar-2014
The court was asked as to the powers of Magistrates hearing an application for a search warrant to receive excluded or special procedure material which had not been disclosed to the respondent. The court had overturned an order made by the district . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Police

Updated: 30 April 2022; Ref: scu.230384

Makanjuola v Commissioner of Police for the Metropolis: 1990

A plain clothed off duty police officer gained entry to premises by production of his warrant card. He enquired as to the immigration status of the two residents. He told them they were in breach of the immigration regulations, and demanded sexual favours, which the female resident acceded to, in return for his refraining from reporting the irregularities.
Held: The Commissioner was not liable for the actions of the officer under Section 48(1) of the 1964 Act. The phrase ‘police functions’ referred to’ the ordinary police functions of investigating, preventing, discovering and reporting crime, including the power of arrest’. The first defendant contended that the same approach should be applied in this case. ‘Purported’, here meant ‘in the professed performance of his functions’ or ‘pretending to be acting in the course of his employment’. Obtaining entry to the premises by identifying himself as a police officer and going on to make enquires was in purported performance of his police functions, and a statement by the officer that he intended to arrest, report, warn or take no further action would also be in purported performance of his police functions. However, the claim was not concerned with something which a police officer might in certain circumstances be entitled to do, but something which the resident could never have believed was or could have been done in the performance of his duty, it being clear to her as it would have been to anyone else, that the demand for sexual favours was one which no one could make as a police officer.

Judges:

Henry J

Citations:

[1992] 3 All ER 617, (1990) 2 Admin LR 214

Statutes:

Police Act 1964 48(1)

Cited by:

Distinguished – Hutchinson 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 . .
Cited – A and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005
Evidence from 3rd Party Torture Inadmissible
The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the . .
Lists of cited by and citing cases may be incomplete.

Vicarious Liability, Employment, Police

Updated: 30 April 2022; Ref: scu.230140

Austin and Saxby v Commissioner of the Police for the Metropolis: QBD 23 Mar 2005

Towards the end of a substantial May Day demonstration on the streets of London, police surrounded about 3,000 people in Oxford Circus and did not allow them to leave for seven hours. The claimant who was present, but not involved in any of the organisation sought damages.
Held: Police have powers to act out of necessity to defend property. The throwing of a cordon around the crowd was not arresting the individuals in the crowd. The detention was not for a brief time, and the claimant’s human rights were engaged, but it was justifiable under Article 5.1. The police intended to arrest those who had committed offences and to bring them before the courts. And to arrest others they reasonably suspected would commit further offences. Seven hours was well within the scale of ‘promptly’ referred to in the Article. It was reasonable to have treated all those in Oxford Circus as demonstrators until they came forward with their personal circumstances. Less intrusive action would not have been appropriate or effective.
Tugendhat J said: ‘The court must allow for the fact that it may be very difficult for the police to identify the target or predict the scale of violent disorder.
I conclude that the court should accord a high degree of respect for the police officers’ appreciation of the risks of what the members of the crowd might have done if not contained. At the same time the court should subject to a very close scrutiny the practical effect which derogating measures have on individual human rights, the importance of the rights affected, and the robustness of any safeguards intended to minimise the impact of derogating members on individual human rights.’

Judges:

Tugendhat J

Citations:

Times 14-Apr-2005, [2005] EWHC 480

Statutes:

Public Order Act 1986 12 814, European Convention on Human Rights 5.1

Citing:

Cited – Rigby 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 . .
Cited – Guenat v Switzerland ECHR 10-Apr-1995
Article 5 did not apply to a claim of false imprisonment by the police where they had acted through necessity. . .
Cited – Laporte, 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 . .
Cited – Albert v Lavin HL 3-Dec-1981
An off duty and out of uniform police officer attempted to restrain the defendant jumping ahead of a bus queue. The defendant struggled, and continued to do so even after being told that of the officer’s status. He said he had not believed that he . .
Cited – L v United Kingdom ECHR 5-Oct-2004
The claimant had suffered mental illness and threatened to hurt himself. He was taken into hospital as a voluntary patient, but in effect detained compulsorily. He lacked capacity to consent to medical treatment.
Held: The holding of a patient . .
Cited – Gillan and Quinton, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another CA 29-Jul-2004
The appellants had challenged the lawfulness of being stopped and searched by police. The officers relied on an authorisation made under the 2000 Act. They had been on their way to attending an arms fair, intending to demonstrate.
Held: The . .
Cited – Castorina 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) . .

Cited by:

Cited – Singh and others v Chief Constable of West Midlands Police QBD 4-Nov-2005
A play was presented which was seen by many Sikhs as offensive. Protesters were eventually ordered to disperse under s30 of the 2003 Act. The defendants appealed their convictions for having breached that order, saying that it interfered with their . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights, Torts – Other

Updated: 30 April 2022; Ref: scu.225889

Regina v Metropolitan Police Commissioner, Ex parte Fry: 1954

Judges:

Goddard LCJ

Citations:

[1954] 1 WLR 730

Jurisdiction:

England and Wales

Cited by:

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

Police

Updated: 30 April 2022; Ref: scu.222928

Dumbell v Roberts: CA 1944

The court discussed the nature of reasonable grounds for suspicion for an arrest. The threshold for the existence of reasonable grounds for suspicion is low, and the requirement is limited. Scott LJ said: ‘The protection of the public is safeguarded by the requirement, alike of the common law and, so far as I know, of all statutes, that the constable shall before arresting satisfy himself that there do in fact exist reasonable grounds for suspicion of guilt. That requirement is very limited. The police are not called upon before acting to have anything like a prima facie case for conviction.’

Judges:

Scott LJ

Citations:

[1944] 1 All ER 326

Jurisdiction:

England and Wales

Cited by:

Cited – Al-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 . .
Cited – Hussein 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 . .
Cited – Ashley and Another v Sussex Police CA 27-Jul-2006
The deceased was shot by police officers raiding his flat in 1998. The claimants sought damages for his estate. They had succeeded in claiming damages for false imprisonment, but now appealed dismissal of their claim for damages for assault and . .
Cited – Christie v Leachinsky HL 25-Mar-1947
Arrested Person must be told basis of the Arrest
Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .
Cited – Raissi and Another v The Commissioner of Police of the Metropolis QBD 30-Nov-2007
The claimants had been arrested under the 2000 Act, held for differing lengths of time and released without charge. They sought damages for false imprisonment.
Held: The officers had acted on their understanding that senior offcers had more . .
Cited – Commissioner 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 . .
Cited – Armstrong 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 . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 30 April 2022; Ref: scu.219707

Wood v United Kingdom: ECHR 16 Nov 2004

Police officers had placed suspects in a cell together and covertly recorded their conversation in order to obtain evidence against them. The events took place in 1999.
Held: The recording was outside any legal system of control and interefred with the defendants right to respect for his private life. The action infringed both articles 8 and 13.

Citations:

Times 23-Nov-2004

Statutes:

European Convention on Human Rights 8 13

Jurisdiction:

Human Rights

Citing:

Cited – Khan v The United Kingdom ECHR 12-May-2000
Evidence was acknowledged to have been obtained unlawfully and in breach of another article of the Convention. The police had installed covert listening devices on private property without the knowledge or consent of the owner. UK national law did . .
Cited – Taylor-Sabori v The United Kingdom ECHR 22-Oct-2002
The applicant had been convicted of serious criminal offences. There were admitted into evidence intercepts of messages to his pager. He complained that this infringed his right to respect for his private correspondence.
Held: The pager . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 30 April 2022; Ref: scu.219691

Hutt v Commissioner of the Police of the Metropolis: CA 3 Dec 2003

The claimant had first been arrested (unlawfully) for non-payment of fines. He was chronically ill. He had later been re-arrested, again unlawfully for an alleged offence of common assault against one of the original arresting civilian officers, and then again for an alleged assault on a police officer.
Held: A subsequent lawful arrest could not make lawful an earlier detention under an unlawful arrest. It was not relevant that other powers of arrest migt have been available to the officers. The appeal succeeded, and the claimant was entitled to damages for the entire period of his detention.

Judges:

Auld, Hale, Dyson LJJ

Citations:

Times 05-Dec-2003

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Corby Justices ex parte Agnes Mort Admn 9-Mar-1998
Justices clerks are permitted to question fine defaulters as to their ability to pay, but must do so under enquiry without bias, and not as a prosecutor. A warrant for arrest for non-pyment of a fine was neither civil nor criminal in character, but . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 29 April 2022; Ref: scu.189914

Mercer v Chief Constable of Lancashire: CA 1991

When justifying a detention, the Chief Constable must prove it ‘was lawful minute by minute and hour by hour’.

Judges:

Lord Donaldson MR

Citations:

[1991] 1 WLR 367

Jurisdiction:

England and Wales

Cited by:

Cited – Branson v Snowden; Branson v Gtech UK Corporation (a Body Corporate) and Rendine CA 3-Jul-1997
The respective parties had been preparing competing bids for the National Lottery. One (Branson) alleged that the other had offerered a bribe. The other responded that the allegation was a lie, and each sued the other for defamation.
Held: The . .
Cited – Taylor (A Child Proceeding By his Mother and Litigation Friend C M Taylor) v Chief Constable of Thames Valley Police CA 6-Jul-2004
The Chief Constable appealed aganst a finding that his officers had wrongfully arrested and imprisoned the claimant. The claimant was 10 years old when arrested, and complained that the officers had not properly advised him of the nature and purpose . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Police

Updated: 29 April 2022; Ref: scu.185965

Marrinan 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 the Benchers of Lincoln’s Inn into the conduct of the plaintiff. The plaintiff brought an action against the police officers alleging that they, together with another person, had conspired to injure him by making false and defamatory statements about him.
Held: The decision of Salmon J was upheld. The immunity given to police extends to allegations of conspiracy to give false evidence.
Sellers LJ said: ‘Whatever form of action is sought to be derived from what was said or done in the course of judicial proceedings must suffer the same fate of being barred by the rule which protects witnesses in their evidence before the court and in the preparation of the evidence which is to be so given’, and ‘This immunity exists for the benefit of the public, since the administration of justice would be greatly impeded if witnesses were to be in fear that any disgruntled and possibly impecunious persons against whom they gave evidence might subsequently involve them in costly litigation.’

Judges:

Sellers LJ, Diplock LJ

Citations:

[1963] 1 QB 528, [1962] 3 All ER 380

Jurisdiction:

England and Wales

Citing:

Appeal from – Marrinan v Vibart CA 1962
The court considered an action in the form an attempt to circumvent the immunity of a witness at civil law by alleging a conspiracy.
Held: The claim was rejected. The court considered the basis of the immunity from action given to witnesses. . .

Cited by:

Cited – 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 . .
Cited – Heath 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 . .
Cited – Taylor 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 . .
Cited – Meadow 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 . .
Cited – General 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 . .
Cited – Silcott 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 . .
Cited – Jones 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 . .
Lists of cited by and citing cases may be incomplete.

Police, Defamation

Updated: 29 April 2022; Ref: scu.184734

Regina v Chief Constable of Avon and Somerset, ex parte Robinson: 1989

Cases brought to challenge a police officer’s compliance with his statutory duty in the way he had treated a detained person was brought by judicial review.

Citations:

[1989] 1 WLR 793

Cited by:

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

Police, Judicial Review

Updated: 29 April 2022; Ref: scu.184497

Chief Constable of Hampshire v A Ltd: CA 1984

The court explained Chief Constable of Kent -v- V: ‘jurisdiction to grant an injunction on the application of the Chief Constable in that case existed only if he could be found to have a sufficient interest in making the application, and they appear broadly to have been in agreement as to the foundation of the interest which they held to exist and to be sufficient. That was found to be in the duty of the Chief Constable to seize and detain goods stolen or unlawfully obtained and to restore them to their true owner, a similar duty being applied by analogy to intangible assets such as a credit in a bank account.’

Judges:

Oliver LJ

Citations:

[1984] CLY 2650, [1985] QB 132

Jurisdiction:

England and Wales

Citing:

Cited – Chief Constable of Kent v V 1982
In order to obtain an injunction with respect to property in the possession of a defendant, the right sought to be enforced need not be a proprietary right of the claimant, nor a right for the benefit of the claimant itself. (Slade LJ dissenting) . .

Cited by:

Cited – Bonalumi v Secretary of State for the Home Department CA 1985
In the course of extradition proceedings, an order was obtained under the 1879 Act. The defendant sought to appeal against the order, and applied to the Court of Appeal.
Held: The procedure under the 1879 Act was in the course of criminal . .
Cited – Worcestershire County Council v Tongue, Tongue, and Tongue CA 17-Feb-2004
The defendants had been convicted of animal welfare offences, and banned from keeping animals. The claimant sought to enter the premises to remove animals, but were denied entry.
Held: The court had no power to make an order to allow access . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 29 April 2022; Ref: scu.183551

Regina v Waterfield and Lynn: 1963

A police officer does not have an unfettered right to restrict movements on private land.
Ashworth J said: ‘In the judgment of this court it would be difficult . . to reduce within specific limits the general terms in which the duties of police constables have been expressed. In most cases it is probably more convenient to consider what the police constable was actually doing and in particular whether such conduct was prima facie an unlawful interference with a person’s liberty or property.’

Judges:

Ashworth J

Citations:

(1963) 48 CR R42, [1964] LR 1 KB 164

Cited by:

Cited – Director of Public Prosecutions v Morrison Admn 4-Apr-2003
The Director appealed dismissal of charges under the Acts against the respondent. There had been a fight in a shopping mall. The mall was private land over which there was a public right of way. The respondent objected when the officer taped off an . .
Cited – McCann v Crown Prosecution Service Admn 21-Aug-2015
Appeal by case stated against conviction for obstructing a police officer in the execution of his duty. The appellant had been protesting. She, correctly, thought the land to be a rivate highway. The police officer had thought it a public hghway and . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 28 April 2022; Ref: scu.181402

Swinney 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.

Citations:

Times 25-May-1999

Jurisdiction:

England and Wales

Citing:

See Also – 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 . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 28 April 2022; Ref: scu.89659

Regina v Hughes: CACD 12 Nov 1993

The forcing of an object from the mouth of a detainee was a breach of the PACE codes but did amount to an an intimate search. An ‘Intimate body search’ requires a physical examination, not mere visual inspection.

Citations:

Gazette 08-Dec-1993, Ind Summary 29-Nov-1993, Times 12-Nov-1993

Statutes:

Police and Criminal Evidence Act 1984 18(1)

Jurisdiction:

England and Wales

Criminal Evidence, Police

Updated: 28 April 2022; Ref: scu.86904

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 now 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 would now be up to a court below to establish whether on the facts the respondent was n breach.

Judges:

Lord Dyson MR, McFarlane, Sharp LJJ

Citations:

[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

Links:

Bailii

Statutes:

Human Rights Act 1998 6, European Convention on Human Rights 2 3

Jurisdiction:

England and Wales

Citing:

Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Mastromatteo 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 . .
Cited – Makaratzis 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 . .
Cited – Oneryildiz 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 . .
Cited – Maiorano and Others v Italy ECHR 15-Dec-2009
Article 2 may apply may ‘in cases raising the obligation to afford general protection to society’ . .
Cited – Gorovenky 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 . .
Cited – Kilic 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 . .

Cited by:

Cited – Gardner and Another, Regina (on The Application of) v Secretary of State for Health and Social Care and Others Admn 27-Apr-2022
Patient transfer policy was unlawful
The claimants had relatives who died in care homes early in the COVID-19 pandemic. They said that the policy of moving patients from hospitals to care homes without testing had contributed to the deaths, and many others, and had been unlawful. The . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 28 April 2022; Ref: scu.516557

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.’

Judges:

Bernhardt P

Citations:

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

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 2 6

Jurisdiction:

Human Rights

Citing:

Cited – Hill 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 – Golder 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 . .
Cited – The 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 . .
Cited – McCann and Others v The United Kingdom ECHR 6-Oct-1995
Wrong assumptions made by police officers in the killing of terrorists amounted to a human rights breach, despite the existence of danger to the public of an imminent attack. Article 2(1) is ‘one of the most fundamental provisions in the . .
Cited – LCB 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 . .
Cited – Tinnelly 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 . .
Cited – Dorset 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 . .
Cited – Dawson v Vasandau 1863
It is not necessary for a charging officer to believe that the prosecution will result in a conviction before charging a prisoner. . .
Cited – Hicks 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 . .
Cited – Glinski v McIver HL 1962
The court considered the tort of malicious prosecution when committed by a police officer, saying ‘But these cases must be carefully watched so as to see that there really is some evidence from his conduct that he knew it was a groundless charge.’ . .
Cited – Hussein 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 . .
Cited – Golder 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 . .
Cited – Director 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 following – Osman and another v Ferguson and another CA 7-Oct-1992
Limits of Police duty to protect
A schoolmaster developed an infatuation for a teenage pupil. It led to the killing of the pupil’s father, the wounding of the pupil, the wounding of a deputy headmaster and the killing of the deputy headmaster’s son. Mr Osman’s widow and the pupil . .
Cited – 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 . .
Cited – Regina 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 . .
Cited – Knightley 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 . .
Cited – Rigby 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 . .
Cited – Kirkham 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:

Cited – Regina (A and Others) v Lord Saville of Newdigate and Others QBD 16-Nov-2001
When making a decision which would interfere with the human rights of an individual, and even where the risks from which protections was sought, could be seen as small, it was the duty of the decision maker to justify the interference. The . .
Cited – Regina (A and others) (Widgery Soldiers) v Lord Saville of Newdigate and Others CA 19-Dec-2001
The court would apply common sense in deciding whether soldier witnesses should be obliged to attend in person at an enquiry in Londonderry, where they claimed their lives would be at risk. It was not appropriate to seek to define what would be . .
Cited – Matthews 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 . .
Cited – Pretty 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 . .
Cited – Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department CA 18-Jun-2003
The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection . .
Cited – Regina v Chief Constable of Norfolk, ex parte DF Admn 2002
Test for need for police protection
The court considered the duties of the police to protect the applicants.
Held: The search for a phrase which encapsulates a threshold of risk which engages article 2 is a search for a chimera. The degree of risk described as ‘real and . .
Cited – Munjaz 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 . .
Cited – Khan, 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 . .
Cited – Amin, 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 . .
Cited – Middleton, 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.
Cited – Greenfield, 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 . .
Cited – A, 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 . .
Cited – JD 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 . .
Cited – Regina 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 . .
Cited – Plymouth 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 . .
Cited – Gentle 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 . .
Cited – Van Colle v Hertfordshire Police QBD 10-Mar-2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of . .
Cited – C Plc and W v P and Secretary of State for the Home Office and the Attorney General ChD 26-May-2006
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 . .
Cited – Regina 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 . .
Cited – Holland 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 . .
Cited – Van 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 . .
Cited – Savage 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 . .
Cited – K v Central and North West London Mental Health NHS Trust and Another QBD 30-May-2008
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 . .
Cited – Hurst, 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 . .
Cited – Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police HL 30-Jul-2008
Police Obligations to Witnesses is Limited
A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2.
Held: The House was asked ‘If the police are alerted . .
Cited – Haddock 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 . .
Cited – Oneryildiz 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 . .
Cited – Re 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 . .
Cited – JL, 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 . .
Cited – Savage 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 . .
Cited – Rabone 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 . .
Cited – Q, 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 . .
Cited – 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 . .
Cited – Rabone 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 . .
Cited – Michael 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 . .
Cited – In 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 . .
Cited – H 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 . .
Cited – Mastromatteo 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 . .
Cited – 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 now appealed against the action being struck out.
Held: the judge’s interpretation . .
Cited – Gorovenky 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 . .
Cited – Michael 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 . .
Cited – Tyrrell 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 . .
Cited – 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 . .
Cited – DB 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 . .
Cited – Gardner and Another, Regina (on The Application of) v Secretary of State for Health and Social Care and Others Admn 27-Apr-2022
Patient transfer policy was unlawful
The claimants had relatives who died in care homes early in the COVID-19 pandemic. They said that the policy of moving patients from hospitals to care homes without testing had contributed to the deaths, and many others, and had been unlawful. The . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights, Negligence

Leading Case

Updated: 28 April 2022; Ref: scu.165671

Regina v Cox: 18 Sep 1992

Whether the questioning of a suspect in a police station amounted to an interview was a question of fact dependant upon all the circumstances, including the rest, arrival at the police station, caution, the notification of rights, and the nature of the questions asked. The defendant doctor administered potassium chloride to a dying patient. The court had to look to the ‘primary purpose’ of his act.

Judges:

Ognall J

Citations:

(Unreported), 18 September 1992, Times 02-Dec-1992, [1992] CLY 886

Cited by:

Cited – Airedale NHS Trust v Bland CA 9-Dec-1992
The official Solicitor appealed against a decision that doctors could withdraw medical treatment including artificial nutrition, from a patient in persistent vegetative state.
Held: The doctors sought permission to act in accordance with . .
Cited – Airedale NHS Trust v Bland HL 4-Feb-1993
Procedures on Withdrawal of Life Support Treatment
The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court . .
Cited – In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation) CA 22-Sep-2000
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Police

Updated: 27 April 2022; Ref: scu.180375

Chief Constable of Norfolk v Coffey: CA 21 Jun 2019

The claimant had a minor hearing impairment. It was not of itself sufficient to amount to a disability in law, but the appellant took her off front line duties because of it. The CC now appealed a finding that it had breached the 2010 Act, saying that she was not in fact disabled.
Held: The appeal failed. It was sufficient that she had been perceived as having a disability, and had been treated less favourably accordingly.
The court acknowledged the particular demands of front-line police work, but the real issue was whether the decision-maker’s belief that the claimant already was or might become incapable of performing front-line duties was a belief about her ability to carry out ‘normal day-to-day activities’.

Judges:

Underhill, Davis , Bean LJJ

Citations:

[2019] EWCA Civ 1061, [2019] WLR(D) 342

Links:

Bailii, WLRD

Statutes:

Equality Act 2010

Jurisdiction:

England and Wales

Citing:

Appeal from – The Chief Constable of Norfolk v Coffey EAT 19-Dec-2017
DISABILITY DISCRIMINATION – Direct disability discrimination
Perceived Discrimination
The Employment Tribunal did not err in law in finding that the Respondent (1) perceived the Claimant to be disabled and (2) treated her less . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 27 April 2022; Ref: scu.638816

Spetsializirana prokuratura v Dzivev and Others: ECJ 25 Jul 2018

Protection of The European Union’s Financial Interests – Fight v Value Added Tax (Vat) Fraud – Opinion – Reference for a preliminary ruling – Protection of the European Union’s financial interests – Fight against value added tax (VAT) fraud – Tax offences – Effective collection of VAT – Scope of Member States’ duties – Limits deriving from fundamental rights, EU or national – Evidence obtained in breach of national law – Interceptions of telecommunications – Lack of jurisdiction of the court authorising interceptions

Judges:

Bobek AG

Citations:

C-310/16, [2018] EUECJ C-310/16 – O, [2019] EUECJ C-310/16

Links:

Bailii, Bailii

Jurisdiction:

European

VAT, Police

Updated: 26 April 2022; Ref: scu.621560

Greenock Harbour Trustees v Magistrates of Greenock: HL 4 Aug 1905

The Public Health (Scotland) Act 1897 in sec. 136 enacts-‘With respect to burghs subject to the provisions of the Burgh Police (Scotland) Act 1892, or having a local Act for police purposes, all charges and expenses incurred by or devolving on the local authority in executing this Act, . . and not recovered as hereinbefore provided, may be defrayed out of an assessment (in this Act referred to as the Public Health General Assessment) to be levied by the local authority along with but as a separate assessment from the assessment hereinafter mentioned-that is to say, the said assessment shall be assessed, levied, and recovered in like manner and under the like powers, but without any limit except as in the immediately succeeding section provided, as the General Improvement Rate under the Burgh Police (Scotland) Act 1892, or where there is no such rate, by a rate levied in like manner as the General Improvement Rate under the last-mentioned Act.’ . . And by section 137 it places a limit upon such Public Health General Assessment ‘which’ (assessment) ‘shall be imposed upon all lands and heritages within the district. . . ‘
The Burgh Police (Scotland) Act 1892 in section 359 enacts-‘Whenever the commissioners in any burgh shall resolve . . to make provision for the general improvement of the burgh, it shall be lawful for them to charge in equal proportions all owners and occupiers of lands or premises within such burgh, with reference to the said valuation roll and to all the provisions of this Act applicable to the Burgh General Assessment, . . with a special assessment . . over and above any other assessment or rate to which such persons may be liable under this Act, and such special assessment shall . . be called ‘the General Improvement Rate,’ and shall be leviable either from the owner or occupier of such lands or premises in equal proportions or in whole from the occupiers thereof, . . and such assessment, so far as the occupier is concerned, shall be recoverable in the same manner as the Burgh General Assessment is authorised to be recovered.’ And in section 373 (1) it enacts-‘No assessment authorised by this Act shall be imposed on any lands or premises exempt by Act of Parliament at the commencement of this Act from any corresponding assessment authorised to be imposed by the General Police Acts or the local police Acts respectively applicable to the burghs named in Schedule II of this Act annexed.’
Held (diss Lord Ashbourne – rev the judgment of the Second Division) (1) that the reference in the Public Health (Scotland) Act 1897 to the General Improvement Rate of the Burgh Police (Scotland) Act 1892 covered the exemption therefrom granted by section 373 (1) of the latter Act; (2) that a police rate imposed under a local Police Act upon occupiers only, used to a certain limited extent for improvement purposes, and being the only rate in the burgh so used, was a ‘corresponding assessment’ to the General Improvement Rate within the meaning of section 373 (1) of the Burgh Police (Scotland) Act 1892; and therefore (3) that where in a burgh named in Schedule II of the Burgh Police (Scotland) Act 1892, which had not adopted that Act, the port and harbour had been by statute exempt from such police rate, the port and harbour were also exempt from the Public Health General Assessment imposed under the Public Health (Scotland) Act 1897.

Judges:

Lord Chancellor (Halsbury) and Lords Ashbourne and Robertson

Citations:

[1905] UKHL 848, 42 SLR 848

Links:

Bailii

Jurisdiction:

Scotland

Police

Updated: 26 April 2022; Ref: scu.621187

Motasim v Crown Prosecution Service and Others: QBD 15 Aug 2017

The claimant had been arrested on suspicion of terrorism, from his innocent association with people later convicted of terrorism. The defendant discovered evidence which would undermine the case against him, but refuse to disclose it. Eventually, after the prosecutor was refused a PII claim, he was ordered to be released and the case was dropped. The defendant now applied for the claim to be struck out, saying that it was and had to be speculative.
Held: The claimant having established the detention, it was for the defendant to justify it. The claim was not to be struck out. If necessary, material could be adduced under closed procedure.
In a developing area of law, it would be wrong to strike out a claim on the basis of assumed or hypothetical facts.

Judges:

Davison M

Citations:

[2017] EWHC 2071 (QB)

Links:

Bailii

Statutes:

European Convention on Human Rights 5, Human Rights Act 1998 6

Jurisdiction:

England and Wales

Citing:

Cited – Zenati v Police of The Metropolis and Another CA 11-Feb-2015
The claimant appealed against rejection of his claim for damages for false imprisonment and infringement of his human rights. On his arrest for a different offence his passport was suspected to be counterfeit, and he was then held for an offence . .
Cited – Glinski v McIver HL 1962
The court considered the tort of malicious prosecution when committed by a police officer, saying ‘But these cases must be carefully watched so as to see that there really is some evidence from his conduct that he knew it was a groundless charge.’ . .
Cited – Elguzouli-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 . .
Cited – Moulton 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 . .
Cited – Hicks 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 . .
Cited – Clooth v Belgium ECHR 12-Dec-1991
Hudoc Violation of Art. 5-3; Just satisfaction reserved . .
Cited – Barrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
Lists of cited by and citing cases may be incomplete.

Human Rights, Police, Torts – Other

Updated: 26 April 2022; Ref: scu.621127

Shields v Shearer and Another: HL 3 Apr 1914

In an action of damages for wrongous arrest brought against two Glasgow policemen who had apprehended the pursuer without warrant, an issue ‘whether on or about 14th October 1912 the defenders wrongfully, illegally, and without reasonable grounds of suspicion apprehended the pursuer in or about Glebe Street, Townnead, and conveyed him to the St Rollox Police Office in Glasgow, to his loss, injury, and damage,’ approved.

Judges:

Lord Chancellor (Haldane), Lord Kinnear, Lord Dunedin, Lord Atkinson, and Lord Shaw

Citations:

[1914] UKHL 403

Links:

Bailii

Jurisdiction:

Scotland

Police, Torts – Other

Updated: 26 April 2022; Ref: scu.620716

Reeves (Joint Administratrix of the Estate of Martin Lynch, Deceased) v Commissioner of Police for Metropolis: CA 10 Nov 1997

The fact that the deceased committed suicide whilst in custody does not necessarily absolve the police of blame if the deceased was a known suicide risk.

Citations:

Times 20-Nov-1997, Gazette 03-Dec-1997, (1998) 41 BMLR 54, [1998] 2 All ER 381, [1999] QB 169, [1998] 2 WLR 401, [1997] EWCA Civ 2686

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Morris v Murray CA 3-Aug-1990
The plaintiff agreed to be flown by the defendant in his light aircraft though he knew the defendant was inebriated. The plaintiff drove the car which took them to the airfield and he helped to start and refuel the aircraft, which was piloted by the . .

Cited by:

Appeal from – Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased) HL 15-Jul-1999
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was . .
Lists of cited by and citing cases may be incomplete.

Police, Negligence

Updated: 24 April 2022; Ref: scu.143085

Kirkham 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 more than once.
Held: The defendant’s appeal failed. The police, had assumed responsibility for the man, and had owed a duty of care which they had breached with the result that his death had ensued. The damages were not to be reduced for any contributory negligence.
Lloyd LJ: ‘So I would be inclined to hold that where a man of sound mind commits suicide, his estate would be unable to maintain an action against the hospital or prison authorities, as the case might be. Volenti non fit injuria would provide them with a complete defence . . . But in the present case Mr Kirkham was not of sound mind. True, he was sane in the legal sense. His suicide was a deliberate and conscious act. But . . Mr Kirkham was suffering from clinical depression. His judgment was impaired. . . though his judgment was impaired, Mr Kirkham knew what he was doing. But . . he was not truly volens. Having regard to his mental state, he cannot, by his act, be said to have waived or abandoned any claim arising out of his suicide. So I would reject the defence of volenti non fit injuria.’
Farquharson LJ: Even if his act of suicide had been deliberate, the deceased’s state of mind had been such that, through disease, he was incapable of coming to a balanced decision.

Judges:

Lloyd LJ, Farquharson LJ

Citations:

[1989] 2 QB 283, [1990] 3 All ER 246, [1989] EWCA Civ 3

Links:

Bailii

Statutes:

Fatal Accidents Act 1976, Law Reform (Miscellaneous Provisions) Act 1934

Jurisdiction:

England and Wales

Citing:

Distinguished – Ashton 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 – Lane v Holloway CA 30-Jun-1967
In the context of a fight with fists, ordinarily neither party has a cause of action for any injury suffered during the fight. But they do not assume ‘the risk of a savage blow out of all proportion to the occasion. The man who strikes a blow of . .

Cited by:

Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased) HL 15-Jul-1999
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was . .
Cited – Corr v IBC Vehicles Ltd CA 31-Mar-2006
The deceased had suffered a head injury whilst working for the defendant. In addition to severe physical consequences he suffered post-traumatic stress, became more and more depressed, and then committed suicide six years later. The claimant . .
Cited – Vellino v Chief Constable of Greater Manchester Police CA 31-Jul-2001
The police were not under any duty to protect someone who had been arrested from injuring himself in an attempt to escape. The claimant had a history of seeking to avoid capture by jumping from his flat window. On this occasion he injured himself in . .
Cited – Vellino v Chief Constable of Greater Manchester Police CA 31-Jul-2001
The police were not under any duty to protect someone who had been arrested from injuring himself in an attempt to escape. The claimant had a history of seeking to avoid capture by jumping from his flat window. On this occasion he injured himself in . .
Cited – Corr v IBC Vehicles Ltd HL 27-Feb-2008
The claimant’s husband had committed suicide. She sought damages for financial loss from his former employers under the 1976 Act. He had suffered a severe and debilitating injury working for them leading to his depression and suicide. The employers . .
Cited – Welsh v Chief Constable of Merseyside Police 1993
On conviction for one offence, the plaintiff asked for two other offences to be taken into consideration. He was bailed pending sentence. He was then arrested for the other offences and wrongfully held in custody. The Crown Prosecution Service had . .
Lists of cited by and citing cases may be incomplete.

Police, Negligence

Updated: 24 April 2022; Ref: scu.183668

Hurst, 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 to asking whether the coroner’s decision on the resumption should have been affected by any duty of the state to enquire as to the cause of the death. It was not clear that no responsibility could attach to the police. The attack was of the sort which the deceased had feared and for which he had sought help. There were real doubts that even an inquest could provide the sort of enquiry required under human rights law since the jury would be restricted in the verdicts it could return. The coroner’s appeal succeeded. (Lord Mance and Baroness Hale dissenting)
Lord Brown of Eaton-under-Heywood said that the interpretative effect that Community law required was strictly confined to those case where, on their particular facts, the application of the domestic legislation in its ordinary meaning would produce a result incompatible with the relevant European Community legislation: ‘In cases where no European Community rights would be infringed, the domestic legislation is to be construed and applied in the ordinary way.’

Judges:

Lord Bingham of Cornhill, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Mance

Citations:

[2007] UKHL 13, [2007] 2 WLR 726, [2007] 2 All ER 1025, [2007] 2 AC 189

Links:

Bailii

Statutes:

Coroners Act 1988 16(3), Human Rights Act 1998

Jurisdiction:

England and Wales

Citing:

Cited – Regina v North Humberside and Scunthorpe Coroner ex parte Jamieson QBD 12-Jul-1993
A prisoner had hanged himself after being left unsupervised in a single cell. He was a known suicide risk, but the Coroner directed the jury not to return a verdict which included any reference to lack of care.
Held: A coroner was free not to . .
Cited – Middleton, 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.
Cited – Empress Car Company (Abertillery) Ltd v National Rivers Authority HL 22-Jan-1998
A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that . .
Cited – In re McKerr CANI 10-Jan-2003
The appellant’s son and two others had been shot dead by police officers. There remained considerable controversy over the circumstances. The matter had been taken to the ECHR which had found the enquiry inadequate. The parties now disputed the . .
Cited – Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased) HL 15-Jul-1999
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was . .
Cited – Regina v South London Coroner ex parte Thompson 8-Jul-1982
The court discussed the function of the coroner and his inquest.
Lord Lane CJ said: ‘The coroner’s task in a case such as this is a formidable one, and no one would dispute that; that is quite apart from the difficulties which inevitably arise . .
Cited – Regina v Southwark Coroner, ex parte Hicks QBD 1987
The verdict of ‘lack of care’ at an inquest is to be used to indicate only the condition of the deceased at the time of death as a cause of death, and is not to be used as a way of attributing fault. The admission of documentary evidence by a . .
Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its . .
Appeal from – Hurst v Coroner Northern District of London Admn 4-Jul-2003
The deceased was killed by Mr Reid, a neighbour, who was convicted of his manslaughter.
Held: The court quashed the coroner’s refusal to accede to the application of the deceased’s father to resume an adjourned inquest into the death, at which . .
Cited – Regina v Inner West London Coroner Ex Parte Dallaglio, and Ex Parte Lockwood Croft CA 16-Jun-1994
A coroner’s comment that the deceased’s relative was ‘unhinged’ displayed a bias which was irreparable. ‘The description ‘apparent bias’ traditionally given to this head of bias is not entirely apt, for if despite the appearance of bias the court is . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Regina v Walthamstow Coroner, Ex parte Rubenstein 19-Feb-1982
The 1988 Act was a consolidating Act. . .
Cited – Regina v Secretary of State for Transport, Ex parte Factortame Ltd HL 18-May-1989
The applicants were companies owned largely by Spanish nationals operating fishing vessels within UK waters. The 1988 Act required them to re-register the vessels as British fishing vessels. The sought suspension of enforcement pending a reference . .
Cited – Marleasing SA v La Comercial Internacional de Alimentacion SA ECJ 13-Nov-1990
Sympathetic construction of national legislation
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . .
Cited – Pearson v HM Coroner for Inner London North Admn 9-Mar-2005
Relatives of the deceased said that the inquest carried out by the coroner was inadequate in Jamieson terms and had not satisfied the human rights issues. Maurice Kay LJ rejected the argument saying: ‘One does not reach the stage of resort to . .
Cited – Ghaidan 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 . .
Cited – Imperial Chemical Industries v Colmer ECJ 16-Jul-1998
A member state was not allowed to impose a tax regime which discriminated against the subsidiaries of a company based in that state where they were based in other member states, but discrimination was allowed where the subsidiaries were based . .
Cited – Imperial Chemical Industries v Colmer ECJ 16-Jul-1998
A member state was not allowed to impose a tax regime which discriminated against the subsidiaries of a company based in that state where they were based in other member states, but discrimination was allowed where the subsidiaries were based . .
Cited – Regina v Lyons, Parnes, Ronson, Saunders HL 15-Nov-2002
The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights.
Cited – Gingi v The Secretary of State for Work and Pensions CA 14-Nov-2001
It is possible that in some circumstances the same enactment may be construed differently according to whether it applies in circumstances covered by a directive. Arden LJ approved the following passage from Bennion: ‘It is legitimate for the . .
Cited – Regina v Secretary of State for the Home Department ex parte Brind HL 7-Feb-1991
The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they . .
Cited – Regina v Chief Immigration Officer, Heathrow Airport, Ex parte Salamat Bibi CA 1976
Lord Denning MR said that: ‘Treaties and declarations do not become part of our law until they are made law by Parliament’.
Iin relation to the application of broad Convention principles in the context of immigration powers, he said: ‘I . .
Cited – Fernandes v Secretary of State CA 1981
Article 8 of the Convention was relied upon by the appellant to resists his return.
Held: The Secretary of State in exercising his statutory powers was not obliged to take into account the provisions of the Convention, it not being part of the . .
Cited – CREEDNZ Inc v The Governor General 1981
(New Zealand) The court looked at those considerations which a decision maker can choose for himself whether or not to take them into account. Cooke J said: ‘what has to be emphasised is that it is only when the statute expressly or impliedly . .
Cited – In Re Findlay, in re Hogben HL 1985
A public authority, and the Prison Service in particular, is free, within the limits of rationality, to decide on any policy as to how to exercise its discretions; it is entitled to change its policy from time to time for the future, and a person . .
Cited – Chundawadra v Immigration Appeal Tribunal CA 1988
Ratification of the European Convention on Human Rights did not create a justiciable legitimate expectation that the Convention’s provisions would be complied with. Slade LJ said there was no evidence of ‘any relevant express promise or regular . .
Cited – Regina v Secretary of State for the Environment, Ex parte NALGO CA 1992
Neill LJ explained article 8 of the Convention in the light of Brind: ‘(1) Article 10 is not part of English domestic law. It is therefore not necessary for the Minister when exercising an administrative decision conferred on him by Parliament to . .
Cited – Rantzen v Mirror Group Newspapers (1986) Ltd and Others CA 1-Apr-1993
Four articles in the People all covered the same story about Esther Rantzen’s organisation, Childline, suggesting that the plaintiff had protected a teacher who had revealed to Childline abuses of children occurring at a school where he taught, by . .
Cited – Bolton Metropolitan Borough Council and Others v Secretary of State for Environment and Others CA 4-Aug-1994
A decision maker can take a preliminary view of a matter provided that he continues to keep an open mind. . .
Cited – Bolton Metropolitan District Council and Others v Secretary of State for the Environment and Others HL 25-May-1995
There had been an application in 1986 for planning permission for a shopping centre in Trafford. There were two public enquiries, followed, as public policy changed by further representations. The plaintiff complained that the eventual decision . .
Cited – McCann and Others v The United Kingdom ECHR 6-Oct-1995
Wrong assumptions made by police officers in the killing of terrorists amounted to a human rights breach, despite the existence of danger to the public of an imminent attack. Article 2(1) is ‘one of the most fundamental provisions in the . .
Cited – Regina 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 . .
Cited – Takoushis, Regina (on the Application of) v HM Coroner for Inner North London Admn 16-Dec-2004
A patient suffering schizophrenia had been a voluntary patient. He was allowed to visit another unit within the hospital grounds, but then left altogether and was next found preparing to jump from Tower Bridge. He was taken by ambulance to Hospital . .
Cited – Regina (Smeaton) v Secretary of State for Health and Others Admn 18-Apr-2002
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act.
Held: ‘SPUC’s case is that any . .
Cited – A and Others, Regina (on the Application of) v Lord Saville of Newdigate and others CA 28-Jul-1999
Former soldiers who had been involved in the events in Londonderry in 1972, and were to be called to give evidence before a tribunal of inquiry, still had cause to fear from their names being given, and so were entitled to anonymity when giving such . .

Cited by:

Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Cited – McCaughey and Another, Re Application forJudicial Review SC 18-May-2011
The claimants sought a fuller inquest into deaths at the hands of the British Army in 1990 in Northern Ireland. On opening the inquest, the coroner had declined to undertake to hold a hearing compliant with article 2, and it had not made progress. . .
Cited – Parkwood Leisure Ltd v Alemo-Herron and Others SC 15-Jun-2011
The claimants had been employed by a local authority and then transferred to the respondents. They had had the benefit that their terms of employment were subject to collective agreement. The respondent was not part of the negotiation of later . .
Cited – ANS and Another v ML SC 11-Jul-2012
The mother opposed adoption proceedings, and argued that the provision in the 2007 Act, allowing a court to dispense with her consent, infringed her rights under Article 8 and was therefore made outwith the powers of the Scottish Parliament.
Cited – NHS Manchester v Fecitt and Others CA 25-Oct-2011
The appellant challenged reversal by the EAT of a finding that it had not unlawfully victimised the respondents for the making of a protected disclosure. The claimant had reported a co-worker exaggerating his qualifications. After repeated . .
Lists of cited by and citing cases may be incomplete.

Police, Coroners, Human Rights

Leading Case

Updated: 24 April 2022; Ref: scu.251022

Adamson v Martin: SCS 4 Jan 1916

A minor accused of theft was liberated without hail on his mother undertaking that he would attend the pleading diet. Immediately after being liberated two police sergeants caused him to be photographed, and imprints of his fingers to be taken, in order that these might be retained by the criminal authorities and placed in an album and register of criminals. Neither his own nor his mother’s consent was asked or obtained, nor was his mother allowed to accompany him to the room where the photograph and imprints were taken, though she asked leave to do so. The charge against him was subsequently found ‘not proven.’ In an action by him against the Chief-Constable, in whose custody the photograph and imprints were, to deliver to the pursuer the photograph and imprints, or, alternatively, to have them destroyed, and for damages, he averred that the police had acted in obedience to the defender’s instructions and with his authority. Held (1) that the photograph and imprints had been taken without legal warrant, and that the pursuer was entitled to have them destroyed, but (2) (diss. Lord Salvesen) that a mere averment of general instructions was insufficient, and that the conclusion for damages was therefore irrelevant.

Citations:

[1916] SLR 237

Links:

Bailii

Jurisdiction:

Scotland

Police

Updated: 23 April 2022; Ref: scu.618257

Virdee and Another, Regina (on The Application of) v The National Crime Agency: Admn 11 May 2018

The claimants claimed that the defendant had relied upon transcripts of intercepted telephone calls in order to obtain production orders against third parties. They said that the transcripts had been selected for use, making the orders unlawful.
Held: The claim failed. A failure to make necessary disclosure would undermine an order or warrant, but not all the information was material. Full transcripts were not necessary in this case.

Judges:

Holroyde LJ, Dingemans J

Citations:

[2018] EWHC 1119 (Admin), [2018] WLR(D) 302

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 9

Jurisdiction:

England and Wales

Police, Criminal Evidence

Updated: 23 April 2022; Ref: scu.618121

Rabbani v Director of Public Prosecutions: Admn 15 May 2018

Appeal by case stated from a conviction before the Westminster Magistrates’ Court for an offence of wilfully obstructing or seeking to frustrate a search or examination contrary to paragraph 18(1)(c) of Schedule 7 to the 2000 Act. He had refused when asked to provide the pin number and password for his mobile phone.
Held: The appeal failed. The Magistrate had applied the law correctly

Citations:

[2018] EWHC 1156 (Admin)

Links:

Bailii

Statutes:

Terrorism Act 2000

Jurisdiction:

England and Wales

Police

Updated: 23 April 2022; Ref: scu.618118

Belhaj and Others v Security Service and Others: IPT 18 Nov 2014

Judges:

Burton J P

Citations:

[2014] UKIPTrib 13 – 132-9H – 2

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Cited by:

See Also – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 12 April 2022; Ref: scu.539998

Ludlow and Others v Burgess: 1972

A police officer has no more right to lay hands on someone than any other member of the community. The person so restrained is entitled to use reasonable force to free himself.

Judges:

Parker LCJ

Citations:

(1972) 75 Cr App R 227

Jurisdiction:

England and Wales

Cited by:

Cited – Wood v Director of Public Prosecutions Admn 14-May-2008
The defendant challenged his conviction for obstructing a police officer and threatening behaviour. The officer had taken hold of him to restrain him, not intending to arrest him, but only to establish whether he was a person they were looking for. . .
Lists of cited by and citing cases may be incomplete.

Crime, Police, Torts – Other

Updated: 12 April 2022; Ref: scu.272770

Regina v Chief Constable of the Lancashire Constabulary ex parte Parker: Admn 2 Jan 1993

There was a two paged document headed ‘warrant to enter and search premises’ which set out all the information required by section 15(6)(a). It did not, however, on its face identify the articles or persons to be sought in subparagraph (b). That information was contained in a separate schedule. The court rejected the submission that the former document constituted the warrant and the latter a distinct schedule which was independent of the warrant. The warrant was both documents taken together.
Held: Nolan LJ said that he read ‘it’ as to referring to the composite process of entering and searching under a warrant so that in order for that process to be lawful the application for and issue has to have been in compliance with section 15 and its execution has to comply with section 16. This does no violence to the language of the sub-section and gives effect to what seems to us to be its obvious legislative purpose.
Nolan LJ said that: ‘It will be seen that the two-paged document satisfies the requirements of para (a), and it is common ground that the one-paged document, the schedule, satisfied the requirements of para (b), so that taken together they constitute a warrant which complies with the provisions of sub-s(6). Taken separately, neither of them does so.’ As to the purpose of producing two certified copies, he said: ‘the need for two certified copies of the warrant is explicable in the following way. A copy has to be served on the occupier or left at the premises and the occupier needs a copy whose authenticity does not depend on the word of the police. For their part the police need to be able to retain an authentic copy for record purposes lest any question should arise over the legality of the warrant and its execution. They also should be able to rely on a copy for whose authenticity they are not responsible.’

Judges:

Nolan LJ, Jowitt J

Citations:

[1993] 2 All ER 56

Statutes:

Police and Criminal Evidence Act 1984 15 16

Jurisdiction:

England and Wales

Cited by:

Preferred – Regina v Chief Constable for Warwickshire and Others Ex Parte Fitzpatrick and Others QBD 1-Oct-1997
Judicial Review is not the appropriate way to challenge the excessive nature of a search warrant issues by magistrates. A private law remedy is better. Jowitt J said: ‘Judicial review is not a fact finding exercise and it is an extremely . .
Cited – Bhatti and Others v Croydon Magistrates’ Court and Others Admn 3-Feb-2010
The claimant challenged the valiity of search warrants used at his home. He said they were deficient in not including the information as required by the Act. The police said that they were in accordance with the Home Office guidance.
Held: . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 12 April 2022; Ref: scu.235715

Regina (Stanley and others) v Commissioner of the Police of the Metropolis and Another: QBD 7 Oct 2004

The claimants had been made subject to Anti-Social Behaviour orders (ASBOs), and complained that the publicity given to the orders by the respondent violated their human rights.
Held: It was part of the effectiveness of an ASBO that it should be publicised, and that would include the use of photographs. That publicity would have several aims, which would overlap. There was no case for saying the publicity should be strictly limited to the restricted area proposed.

Judges:

Kennedy LJ, Treacy J

Citations:

Times 22-Oct-2004

Jurisdiction:

England and Wales

Police, Human Rights

Updated: 12 April 2022; Ref: scu.220019

Jones v Ministry of Interior Al-Mamlaka Al-Arabiya As Saudiya Kingdom of Saudi Arabia) and Another: CA 28 Oct 2004

The claimants sought damages alleging torture by the respondent whilst held in custody in Saudi Arabia.
Held: Although the state enjoyed freedom from action, where the acts were ones of torture, and action could proceed against state officials involved personally. The court had been correct to reject the claim against the state. Despite other developments, states still enjoyed immunity from such claims, and normally its officials should receive the same protection, and even if the official had infringed the country’s national law. However claims against officials could not be given blanket protection, because that would deprive applicants such as the present of any remedy. A delicate balancing act would be required in each case to test the various issues of jurisdiction and human rights. However the offence of torture itself had a special status under international law, and such acts could not be the acts of a state. Claims to state immunity should be resolved at an early stage in the proceedings.

Judges:

Mance LJ

Citations:

[2004] EWCA Civ 1394, Times 01-Nov-2004, [2005] 2 WLR 808

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Aksionairnoye Obschestvo A M Luther v James Sagor and Co CA 1921
A claim was made as to property seized by a decree of Russian revolutionaries later recognised as the government.
Held: A court is required to recognise a foreign state’s dealings with private proprietary rights within its jurisdiction. An . .
Cited – McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom ECHR 21-Nov-2001
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint.
Held: . .
Cited – Rahimtoola v Nizam of Hyderabad HL 1957
A claim was made against the former High Commissioner for Pakistan personally for money had and received. He established that he had received the money in England in his official capacity as High Commissioner.
Held: Appeal allowed. The . .
Cited – Princess Paley Olga v Weisz 1929
English courts will refrain from examining the validity of foreign executive action relating to matters within the territorial jurisdiction of the foreign state. . .
Cited – Oppenheimer v Cattermole (Inspector of Taxes) HL 5-Feb-1975
HL Income tax, Schedule D – Foreign possessions – Double taxation relief – German government pension for past services – Paid to British subject of German origin – Whether German nationality deemed to be retained . .
Cited – Buttes Gas and Oil Co v Hammer (No 3) HL 1981
In a defamation action, issues arose as to two conflicting oil concessions which neighbouring states in the Arabian Gulf had granted over their territorial and offshore waters. The foreign relations of the United Kingdom and Iran were also involved . .
Cited – Church of Scientology 1978
(German Supreme Court) A claim to immunity by the defendant (the ‘Head of New Scotland Yard’) was not ‘derived from his person’, but was based on the fact that the act on which the claimant sued was ‘a sovereign act of State which can only be . .
Cited – Herbage v Meese 1990
(US) A claim was brought against British police officers and prosecuting counsel for knowingly and falsely stating, in the context of extradition proceedings against the claimant, that the United States had made a valid ‘provisional request’ for his . .
Cited – Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3) HL 24-Mar-1999
An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. . .
Cited – Propend Finance Property Ltd and Others v Sing and Another CA 17-Apr-1997
Diplomatic immunity had not been waived by an Australian policeman acting in breach of a court undertaking re documents. The effect of s14(1) was to give state officials protection ‘under the same cloak’ as the state itself: ‘The protection afforded . .
Cited – Al-Adsani v Government of Kuwait and Others (No 2) CA 29-Mar-1996
The claimant alleged that he had suffered torture in a security prison in Kuwait, and he obtained leave to serve out of the jurisdiction on the Government of Kuwait, and on three individuals, one of whom at least was served, on the ground that he . .
Cited – Jaffe v Miller 1993
(Ontario Court of Appeal) Florida state officials were sued for alleged conspiracy maliciously to prosecute and to kidnap and detain the claimant, in order to blackmail him into giving up a civil suit.
Held: It is the character of the act, . .

Cited by:

Cited – Occidental Exploration and Production Company vRepublic of Ecuador CA 9-Sep-2005
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to . .
Cited – Alamieyeseigha, Regina (on the Application Of) v Crown Prosecution Service Admn 25-Nov-2005
The defendant argued that as Governor and Chief Excecutive of Bayelsa State in Nigeria he had sovereign immunity. The Foreign Office had issued a certificate that the defendant was not a Head of States under the 1978 Act. The A-G of Bayelsa had . .
Appeal from – Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others HL 14-Jun-2006
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Personal Injury, Police, International

Updated: 12 April 2022; Ref: scu.219138

Regina (Secretary of State for the Home Department) v Humberside Police Authority: QBD 2 Jul 2004

The applicant required the respondent to suspend its chief constable saying that this was required to maintain confidence in the police, after severe criticism in an enquiry. The authority replied that local support was overwhelming.
Held: The applicant properly took account of the need to maintain public confidence generally, and outside the area of the authority. The correctness or otherwise of the criticism was not at issue.

Judges:

Stanley Burnton J

Citations:

Times 09-Jul-2004

Statutes:

Police Act 1996 42(1A)(b)

Jurisdiction:

England and Wales

Police

Updated: 12 April 2022; Ref: scu.198723

Everett v Ribbands: 1952

The court considered the tort of the malicious obtaining of a search warrant.

Citations:

[1952] 2 QB 198

Jurisdiction:

England and Wales

Cited by:

Cited – Gibbs and others v Rea PC 29-Jan-1998
(Cayman Islands) The respondent worked for a bank. He disclosed a business interest, but that interest grew in importance to the point where he resigned in circumstances amounting to constructive dismissal. His home and business officers were raided . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police

Updated: 12 April 2022; Ref: scu.184701

SPV v AM and Another: CA 27 Aug 1999

The respondent sought leave to appeal against a decision of the Employment Appeal Tribunal that he was an appropriate respondent to the claimant’s claim for sex discrimination. The claimant had been a police officer, and claimed she had been the subject of repeated and unwanted sexual advances from the respondent. He argued that only the Chief Constable was an appropriate defendant.
Held: A police officer against whom an allegation of discrimination was made was a proper respondent in addition to the Chief Constable. The case of Fara was of no assistance to him. The legislation clearly allowed that he might have responsibility.

Judges:

Lord Justice Schiemann

Citations:

[1999] EWCA Civ 2111

Statutes:

Discrimination Act 1975 6(2)(b) 41(1) 42 17(1)

Jurisdiction:

England and Wales

Citing:

Cited – Farah v Commissioner of Police for Metropolis CA 9-Oct-1996
Individual officers, but not the police force itself are answerable in a race discrimination claim. The force is not vicariously liable for an individual officer’s acts. . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination, Police

Updated: 12 April 2022; Ref: scu.147026

Treadaway v Chief Constable of West Midlands: QBD 23 Sep 1994

The torture of a suspect by police justified aggravated and exemplary damages, in this case andpound;50,000. Damages for a serious assault by police are not to be reduced for the character of the plaintiff.

Citations:

Times 25-Oct-1994, Independent 23-Sep-1994

Citing:

See Also – Regina v Director of Public Prosecutions ex parte Treadaway Admn 31-Jul-1997
The applicant had been convicted of a robbery and served a long prison sentence. After release he was awarded damages against some of the police officers for assault. The DPP decided not to proceed against the officers by way of criminal . .

Cited by:

See Also – Regina v Director of Public Prosecutions ex parte Treadaway Admn 31-Jul-1997
The applicant had been convicted of a robbery and served a long prison sentence. After release he was awarded damages against some of the police officers for assault. The DPP decided not to proceed against the officers by way of criminal . .
Lists of cited by and citing cases may be incomplete.

Damages, Police

Updated: 10 April 2022; Ref: scu.89982

Regina v Croydon Justices Ex Parte Dean: QBD 9 Mar 1993

The applicant a 17 year old assisted the police in a murder investigation on the understanding, induced by the police, that he would not himself be prosecuted. Some weeks later, at the instance of the CPS, the applicant was charged with a lesser offence of having destroyed evidence connected with the same crime. He submitted that this was an abuse of process.
Held: A prosecution was an abuse of process after an indication had been given that no prosecution was to follow. If there has been a serious abuse of power by the police or others in authority so as to offend the court’s sense of justice and propriety, that can give rise to an abuse of process even if a fair trial is still possible.
Staughton LJ: ‘It is submitted on behalf of the Crown Prosecution Service that they alone are entitled, and bound, to decide who shall be prosecuted, at any rate in this category of case; and that the police had no authority and no right to tell the applicant that he would not be prosecuted for any offence in connection with the murder: see section 3(2) of the Prosecution of Offences Act 1985. I can readily accept that. I also accept that the point is one of constitutional importance. But I cannot accept the submission of [counsel for the prosecution] that, in consequence, no such conduct by the police can ever give rise to an abuse of process. The effect on the applicant or for that matter on his father, of an undertaking or promise or representation by the police was likely to have been the same in this case whether it was or was not authorised by the Crown Prosecution Service. It is true that they might have asked their solicitor whether an undertaking, promise or representation by the police was binding and he might have asked the Crown Prosecution Service whether it was made with their authority. But it seems unreasonable to expect that in this case. If the Crown Prosecution Service find that their powers are being usurped by the police, the remedy must surely be a greater degree of liaison at an early stage . . In my judgment the prosecution of a person who has received a promise, undertaking or representation from the police that he will not be prosecuted is capable of being an abuse of process. Mr Collins was eventually disposed to concede as much, provided (i) that the promisor had power to decide, and (ii) that the case was one of bad faith or something akin to that. I do not accept either of those requirements as essential.’

Judges:

Staughton LJ, Buckley J

Citations:

Independent 09-Mar-1993, [1993] QB 769, (1994) 98 Cr App R 76

Cited by:

Cited – Regina v Manchester Stipendiary City Magistrates ex parte Pal Tagger Admn 29-Nov-1996
The defendant appealed his conviction for illegal entry. He complained that after first being proceeded against for illegal working, it was an abuse now to pursue this prosecution.
Held: No abuse had been established, only delay. . .
Cited – Jones v Whalley Admn 10-May-2005
The defendant had been cautioned by the police for an assault on the claimant. The claimant then began a private prosecution which the magistrates stayed as an abuse of process.
Held: The caution administered was not simply a conviction so as . .
Cited – Department 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, . .
Cited – Jones v Whalley HL 26-Jul-2006
The appellant had assaulted the respondent. He had accepted a caution for the offence, but the claimant had then pursued a private prosecution. He now appealed refusal of a stay, saying it was an abuse of process.
Held: The defendant’s appeal . .
Cited – Regina v Belmarsh Magistrates’ Court ex parte Fiona Watts Admn 8-Feb-1999
The defendant sought to have dismissed as an abuse of proces charges against her that as an officer of Customs and Excise prosecuting the now private prosecutor, she had committed various offences.
Held: The magistrate was vested with . .
Cited – Regina v Abu Hamza CACD 28-Nov-2006
The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out . .
Cited – Director of Public Prosecutions v Ara Admn 21-Jun-2001
The Director challenged the decision of the magistrates to stay a prosecution of the defendant as an abuse of process. The defendant had been interviewed without a solicitor. He went away to seek legal advice. The solicitor requested a copy of the . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Police

Updated: 09 April 2022; Ref: scu.86487

Regina v Chief Constable of Lancashire Ex Parte Parker and Another: QBD 27 May 1992

Officers conducting a search presented a two paged document headed ‘warrant to enter and search premises’ which set out all the information required by section 15(6)(a). It did not, however, on its face identify the articles or persons to be sought in sub-paragraph (b). That information was contained in a separate schedule.
Held: The court rejected the submission that the former document constituted the warrant and the latter a distinct schedule which was independent of the warrant. The warrant was both documents taken together.
Police officers have no right to retain for evidence material which had been improperly seized.
So long as the schedule identifying the premises is attached to the warrant authorising the search, the warrant satisfies the requirements of section 15.
Nolan LJ said: ‘It will be seen that the two-paged document satisfies the requirements of para (a), and it is common ground that the one-paged document, the schedule, satisfied the requirements of para (b), so that taken together they constitute a warrant which complies with the provisions of sub-s(6). Taken separately, neither of them does so.’ As to the purpose of producing two certified copies, he said: ‘the need for two certified copies of the warrant is explicable in the following way. A copy has to be served on the occupier or left at the premises and the occupier needs a copy whose authenticity does not depend on the word of the police. For their part the police need to be able to retain an authentic copy for record purposes lest any question should arise over the legality of the warrant and its execution. They also should be able to rely on a copy for whose authenticity they are not responsible.’

Judges:

Nolan LJ and Jowitt J

Citations:

Gazette 27-May-1992, [1993] QB 577, [1993] 2 All ER 56, [1993] 2 WLR 428

Statutes:

Police and Criminal Evidence Act 1984 15 22(2)(a)

Cited by:

Cited – Global Cash and Carry Ltd, Regina (on The Application of) v Birmingham Magistrates’ Court and Others Admn 19-Feb-2013
The claimant sought an order quashing a search warrant, and for damages. The officer had said that he had evidence that the claimants were storing an distributing from the premises large quantities of counterfeit goods and drugs.
Held: The . .
Cited – Mills and Another, Regina (on The Application of) v Sussex Police and Another Admn 25-Jul-2014
The claimants faced criminal charges involving allegations of fraud and corruption. They now challenged by judicial review a search and seizure warrant saying that it was unlawful. A restraint order had been made against them and they had complied . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 09 April 2022; Ref: scu.86353

Regina v Commissioner of Police of the Metropolis and Another Ex Parte Bennett: QBD 10 Nov 1994

The divisional Court has no power to review the execution of a Scottish warrant by the police in England.

Citations:

Times 10-Nov-1994, Ind Summary 09-Jan-1995

Statutes:

Union with Scotland Act 1706

Judicial Review, Scotland, Criminal Practice, Police

Updated: 09 April 2022; Ref: scu.86414

Regina v South Yorkshire Police Authority Ex Parte Booth: QBD 10 Oct 2000

There is no power in law for a police authority to fund payment of legal expenses incurred by an officer of the rank of Superintendent or below when defending disciplinary proceedings. The statutory code was not displaced by the Duckinfield case. The Regulations and Act were clear in restricting such assistance to appeals against disciplinary findings, and to proceedings against senior officers.

Citations:

Times 10-Oct-2000

Statutes:

Police Act 1996, Police (Conduct) Senior Officer Regulations 1999 (1999 No 731)

Police, Employment, Costs

Updated: 09 April 2022; Ref: scu.85565

Regina 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 for which legal professional privilege was claimed, provided the officer had reasonable grounds for believing that the material was not so protected. Material removed, but then found not to have been covered by the warrant, must be returned immediately. The court disagreed that, before seizing the document, the officer had to be satisfied that it did not consist of or include items subject to legal privilege. ‘The officers are not, for example, required to be satisfied that there are reasonable grounds for believing that the material sought does not consist of or include items subject to legal professional privilege’.
Kennedy LJ said: ‘I accept, of course, that any failure to comply with the requirements of either section 15 or section 16 renders the whole process of entry and search unlawful . .’

Judges:

Kennedy LJ

Citations:

Gazette 25-Nov-1999, Times 10-Nov-1999, [2000] QB 576, [2001] All ER 411, [2000] 2 WLR 409

Statutes:

Police and Criminal Evidence Act 1984 8(1)

Cited by:

Cited – H, Regina (on the Application of) v Commissioners of Inland Revenue Admn 23-Oct-2002
The appellant sought judicial review of the seizure by the respondents of computers found on its premises in the course of executing warrants under the Act, even though the computers might contain other matters not relevant to any investigation.
Cited – Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another Admn 17-Dec-2003
The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation.
Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning . .
Cited – Bell v The Chief Constable of Greater Manchester Police CA 19-Jul-2005
The claimant had sued over the way he was treated by the respondent in a fraud investigation. The court had dismissed his claims for wrongful arrest and false imprisonment. A prosecution had been commenced but dropped. The judge had held the arrest . .
Cited – Faisaltex Ltd and Others v Lancashire Constabulary and Another QBD 24-Jul-2009
The claimants wished to claim damages saying that in executing a search warrant, the defendant had made excessive seizures of material. The claimants sought inspection by independent counsel of the materials seized to establish this in a manner . .
Cited – Bhatti and Others v Croydon Magistrates’ Court and Others Admn 3-Feb-2010
The claimant challenged the valiity of search warrants used at his home. He said they were deficient in not including the information as required by the Act. The police said that they were in accordance with the Home Office guidance.
Held: . .
Cited – Fitzpatrick and Others v The Commissioner of Police of The Metropolis QBD 11-Jan-2012
The claimants, two solicitors and their employer firm sought damages alleging trespass and malicious procurement by police officers in obtaining and executing search warrants against the firm in 2007 when they were investigating suspected offences . .
Cited – Poonam v Secretary of State for The Home Department QBD 18-Jul-2013
The claimant sought damages, alleging: ‘oppressive questioning, unlawful arrest, unlawful detention, unlawful search of her home, theft and / or failure to secure her home premises, and the wrongful declaration by the UKBA that she was an illegal . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Police

Updated: 09 April 2022; Ref: scu.85178

Regina v Chief Constable of Merseyside, Ex Parte Bennion: QBD 18 Jul 2000

A senior officer had begun a claim against the police officer alleging sex discrimination. She complained that when disciplinary proceedings were commenced against her, the person making the decision would be the Chief Constable, and that his decision there would affect the other proceedings. Even though the Chief Constable had come into post after the events giving rise to the claim, he was being sued in a sufficiently personal capacity to make it a breach of natural justice to hear the disciplinary proceedings.

Citations:

Times 18-Jul-2000, Gazette 27-Jul-2000

Cited by:

Appeal from – Regina v Chief Constable of Merseyside Police, ex parte Carol Ann Bennion CA 4-May-2001
The claimant sought a judicial review against a Chief Constable against whose force she had made complaints of sex discrimination and victimisation, not to remit disciplinary proceedings against her under regulation 14 of the 1985 Regulations to . .
Cited – Heath 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 . .
Lists of cited by and citing cases may be incomplete.

Natural Justice, Employment, Police

Updated: 09 April 2022; Ref: scu.85181

Regina v Chief Constables of C and D, Ex Parte A: QBD 7 Nov 2000

The passing of sensitive personal information between one police force and another was not a decision subject to obligations which made it subject to judicial review. Information falling short of convictions could properly be passed, and information passed between police forces rather than between police forces and other authorities was subject to lesser controls. There was no breach of the Data Protection Acts. With regard to the earlier Act the data was processed manually, and for both, the information passed was for the purposes of prevention and detection of crime. Disclosures outside the police force were required to pass the test of being to satisfy a pressing need.

Citations:

Times 07-Nov-2000

Statutes:

Data Protection Act 1984, Data Protection Act 1998

Police, Judicial Review, Information

Updated: 09 April 2022; Ref: scu.85184

Percy and Another v Hall and Others: QBD 31 May 1996

There was no wrongful arrest where the bylaw under which it was made was invalid. The question is the belief of the arresting officers. The effect of retrospective legislation is not always fully worked through. English law provides no cause of action for invalid administrative acts as such. A ‘second actor’ may be blameless if he detains a person in reliance on what appears to be a lawful authority, whether issued by a ‘first actor’ or otherwise.
Simon Brown LJ said of a byelaw under consideration: ‘Better . . to treat the instrument as valid unless so uncertain in its language as to have no ascertainable meaning, or so unclear in its effect as to be incapable of certain application in any case.’

Judges:

Simon Brown LJ, Schliemann LJ

Citations:

Times 31-May-1996, [1997] QB 924

Cited by:

Cited – Inter Lotto (Uk) Ltd v Camelot Group Plc CA 30-Jul-2003
The claimant and defendant had each operated using a the name ‘HotSpot’ for a name for its lottery. The respondent had registered the name as a trade mark. The claimant began to use the name first and claimed in passing off, and the respondent . .
Cited – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Cited – ID and others v The Home Office (BAIL for Immigration Detainees intervening) CA 27-Jan-2005
The claimants sought damages and other reliefs after being wrongfully detained by immigration officers for several days, during which they had been detained at a detention centre and left locked up when it burned down, being released only by other . .
Cited – Tabernacle v Secretary of State for Defence Admn 6-Mar-2008
The court considered the validity of bye-laws used to exclude protesters from land near a military base at Aldermarston.
Held: The byelaw which banned an ‘camp’ was sufficiently certain, but not that part which sought to ban any person who . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police, Administrative

Updated: 09 April 2022; Ref: scu.84667

In Re L (Minors)(Police Investigation) (Privilege): CA 25 Apr 1995

A report voluntarily given to a court hearing care proceedings, may be released to the police.

Citations:

Times 25-Apr-1995

Jurisdiction:

England and Wales

Cited by:

Appeal from – In Re L (A Minor) (Police Investigation: Privilege) HL 22-Mar-1996
A report obtained for Children Act proceedings has no privilege against use in evidence. Such proceedings are in the nature of inquisitorial proceedings. Litigation privilege was not applicable in care proceedings and a report prepared may be given . .
Lists of cited by and citing cases may be incomplete.

Children, Police

Updated: 08 April 2022; Ref: scu.81992

In Re Lawrence: QBD 13 Jul 1999

The right of a complainant in police disciplinary proceedings to have with them at any hearing a friend did not prevent a friend attending even though he was a solicitor engaged in a related case provided only that he could properly be described as a family friend within the regulation.

Citations:

Times 13-Jul-1999

Statutes:

Police (Discipline) Regulations 1985 (1985 No 518) 18.2

Police

Updated: 08 April 2022; Ref: scu.81999

Hellewell 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 them to staff.
Held: A duty of confidence could arise when the police photographed a suspect without his consent, but the photograph could be published if reasonably required for the prevention and detection of crime, the investigation of alleged offences, or the apprehension of suspects unlawfully at large. The police could rely on the public interest defence to any action for breach of confidence. The police in disclosing the photograph acted entirely in good faith for the prevention or detection of crime and had distributed it only to persons who had reasonable need to make use of it. However ‘the term ‘reasonable’ is fluid in its application and it is as impossible as it is undesirable to lay down anything like a lexicon of the circumstances that will amount to reasonable use.’ (Obiter:) ‘If someone with a telephoto lens were to take from a distance and with no authority a picture of another engaged in some private act, his subsequent disclosure of the photograph would, in my judgment, as surely amount to a breach of confidence as if he had found or stolen a letter or diary in which the act was recounted and proceeded to publish it. In such a case, the law would protect what might reasonably be called a right of privacy, although the name accorded to the cause of action would be breach of confidence. It is, of course, elementary that, in all such cases, a defence based on the public interest would be available.’

Judges:

Laws J

Citations:

Gazette 15-Feb-1995, Times 13-Jan-1995, [1995] 1WLR 804, [1995] 4 All ER 473

Citing:

Cited – Marcel 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.
Cited – Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’) HL 13-Oct-1988
Loss of Confidentiality Protection – public domain
A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations . .

Cited by:

Cited – 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 . .
Cited – Regina 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 . .
Cited – Campbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
Cited – Douglas and others v Hello! Ltd and others (No 3) CA 18-May-2005
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint . .
Cited – Callaghan 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.

Intellectual Property, Police, Media, Human Rights

Updated: 08 April 2022; Ref: scu.81310

Gibson v Chief Constable of Strathclyde Police: OHCS 11 May 1999

The police once having taken control of a dangerous traffic situation retained responsibility for it. Having failed to erect warnings or traffic cones after an accident at a collapsed bridge, and leaving the site unattended, the police were responsible,

Citations:

Times 11-May-1999

Police, Negligence

Updated: 08 April 2022; Ref: scu.80813

Connolly v Dale: QBD 11 Jul 1995

The applicant defendant’s enquiry agent was prevented by officers responsible to Detective Superintendent Dale from identifying and interviewing potential witnesses for trial who might support his alibi. When the agent had sought to show a photograph of the applicant to people at a hostel, he was prevented from doing so by police officers because of possible prejudice to an identification parade, and at the instigation of the police he was refused access to the hostel or its residents.
Held: It was a contempt for a police inspector to prevent defence solicitors from completing their proper enquiries. The police officer was quite unable to establish that the investigation would constitute an interference with the Police’s own activities under the 1964 Act. No further action was taken upon the respondent undertaking to take no further steps to interfere.
Balcombe LJ said: ‘The relevant principles of law can be stated in the following propositions. (1) It is a contempt of court to engage in any conduct which involves an interference with the due administration of justice either in a particular case or, more generally, as a continuing process . . (2) Interference with witnesses or potential witnesses by threat, promise or subsequent punishment is a contempt: R v Kellett, Attorney General v Butterworth. In our judgment, the concept of interference with witnesses extends to interference with proper and reasonable attempts by a party’s legal advisers to identify and thereafter interview potential witnesses. There was no case cited to us in which that precise form of conduct had previously been found to be a contempt, but we bear in mind the observation of Lord Denning MR in Butterworth’s case, at p. 719, that in such a case the general principle of protecting proceedings from interference should prevail, and the further emphasis of that point by Sir John Donaldson MR in Attorney General v Newspaper Publishing plc. (3) Interference with a solicitor in the discharge of his or her duties can also constitute a contempt of court . .’

Judges:

Balcombe LJ, Buxton J

Citations:

Times 13-Jul-1995, [1996] QB 120, [1995] 3 WLR 786, [1996] 1 Cr App R 200, Independent 27-Jul-1995, [1996] 1 All ER 224

Statutes:

Police Act 1964 51(3)

Jurisdiction:

England and Wales

Cited by:

Cited – Versloot Dredging Bv v Hdi Gerling Industrie Versicherung Ag and Others ComC 8-Feb-2013
The defendants had engaged an expert witness, and he had undertaken investigations at the claimant’s premises. The claimant now sought an injunction to restrain the defendants from preventing the expert talking to them independently of the . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Police

Updated: 08 April 2022; Ref: scu.79449

McConnell v Chief Constable of Greater Manchester Police: CA 1990

The plaintiff sought damages from the police. She had gone into a store and refused to leave when so requested. The police officer escorted her from the premises. She tried to re-enter the premises, and the officer exercised his common law right to arrest her apprehending a breach of the peace. She said that since it was private property, no breach of the peace was possible.
Held: It is possible to have a breach of the peace on private premises without any legal requirement that there must be some involvement of the public as a matter of law. As a matter of evidence and pragmatism however the question of whether there were reasonable grounds to apprehend a breach of the peace must involve the overspill of the domestic dispute beyond the bounds of the property of which it is being held.
Purchas LJ said: ‘Clearly a purely domestic dispute will rarely amount to a breach of the peace. But, in exceptional circumstances, it might very well do so. Whether those particular circumstances which come to pass on private premises are sufficient to support a reasonable apprehension that a breach of the peace was about to occur will depend upon the circumstances in which the preventive steps . . are taken.’
Glidewell LJ said: ‘Mr Scholes’ main argument is more wide-ranging. He submits that, in order for there to be a breach of the peace on private premises, the authorities justify the proposition that it is necessary to find some disturbance which would affect members of the public, or at least one other person, outside the premises themselves. If the only people who are disturbed in any way are those inside the premises, those immediately concerned in the altercation, then there is no breach of the peace, he submits. During argument, I asked him to seek to distinguish a case of an abusive altercation arising between two people in an isolated house from a similar altercation arising between the same two people in a terrace house with thin walls and neighbours who could hear everything that was going on. Mr Scholes agreed that the logic of his argument meant that in the latter case there would be a breach of the peace, whereas in the former there would not. That, in my view, cannot be a very sound basis upon which to find the limits of this particular jurisdiction.
In my judgment, there is no warrant for this restriction on the bounds of what may constitute a breach of the peace for the purposes of entitling a police officer, who genuinely suspects on good grounds that a breach of the peace may occur, to make an arrest. The authorities do not provide any warrant for that. Indeed, if Mr Scholes’ submissions are correct, the answer which the judge should have given to the question posed was not `No. A breach of the peace may not take place on private premises,’ which is the answer, I take it, the plaintiff really desires, but `Yes. A breach of the peace may take place on private premises but only in defined circumstances, namely if a member or members of the public are likely to be disturbed.’ Further than that, I accept that the effect on the public may be relevant in this situation. For instance, if abusive words are spoken during the course of a public gathering or a public meeting, it may much more readily result in a breach of the peace than if precisely the same words are spoken in a private place between two persons. Thus, the question whether or not any large number of members of the public are or not likely to be involved or to overhear the words is one which, as a matter of fact, may be very relevant to the magistrates’ decision. But, as a matter of law, for the reasons I have sought to give, in my view, the judge came to an entirely right conclusion. I would, therefore, dismiss the appeal.’

Judges:

Purchas and Glidewell LJJ

Citations:

[1990] 1 WLR 364

Jurisdiction:

England and Wales

Citing:

Cited – Wylson v Skeock 1949
. .
Cited – Robson v Hallett CA 1967
A police officer had been impliedly invited onto land, and was asked to leave, but was then assaulted before he had chance to leave.
Held: The conviction was upheld.
There is an implied licence available to members of the public on . .
Cited – Regina v Chief Constable of Devon and Cornwall, Ex parte Central Electricity Generating Board CA 1982
The CEGB wanted to undertake a survey using its statutory powers to check whether land might be suitable for a nuclear power station, and wanted the police to prevent demonstrators from preventing the survey. It now requested an order of mandamus to . .

Cited by:

Applied – McQuade v Chief Constable of Humberside Police CA 12-Jul-2001
It was not necessary for there to be a common law breach of the peace on private premises, for there to be shown any disturbance to members of the public outside the premises. A head note in the case of McConnell was a mis-interpretation of that . .
Cited – Humberside 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.

Police, Crime

Updated: 08 April 2022; Ref: scu.181231

Daly, Regina (on The Application of) v The Commissioner of Police of The Metropolis and Another: Admn 7 Mar 2018

Challenge to grant of search warrant against the applicant’s premises. A boiler had been left on full in order to dry the house out after works of renovation. Heat seeking imagery had led to a suspicion that the property was being used for the growth of cannabis by hydroponics.
Held: The claim failed: ‘ while material mistake of fact leading to unfairness can be available as a ground of judicial review in some circumstances, whether it is in fact available will depend upon the nature of the case before the court.’ In the circumstances, the case had been based upon misconceptions as to the plice actions, and no malice could be shown.

Judges:

Sir Brian Leveson P QBD, Males J

Citations:

[2018] EWHC 438 (Admin), [2018] WLR(D) 146

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Police, Magistrates

Updated: 05 April 2022; Ref: scu.605884

QSA and Others, Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 2 Mar 2018

The claimants contended that the requirement placed upon them to disclose historic convictions for prostitution were unlawful on the basis that it infringed obligations to protect those who had been subject to human trafficking.

Judges:

Holroyde LJ, Nicola Davies HHJ

Citations:

[2018] EWHC 407 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Administrative, Police

Updated: 05 April 2022; Ref: scu.605703

Ipswich Town Football Club Company Ltd v The Chief Constable of Suffolk Constabulary: CA 10 Oct 2017

The football club appealed from a decision as to the entitlement of the police to charge for special police services on land adjacent to the club.

Judges:

Gloster VP CA, Gross LJJ, Lord Briggs of Westbourne

Citations:

[2017] EWCA Civ 1484

Links:

Bailii

Statutes:

Police Act 1996 25

Jurisdiction:

England and Wales

Police

Updated: 05 April 2022; Ref: scu.595949

Gray v The Commissioner of Police of The Metropolis: CA 1 Dec 2016

Police had seized the claimant’s car on the basis that it was not insured. The claimant now appealed against rejection of her claim for damages, saying that it had in fact been insured.

Judges:

MacFarlane, Davis LJJ

Citations:

[2016] EWCA Civ 1360

Links:

Bailii

Statutes:

Road Traffic Act 1988

Jurisdiction:

England and Wales

Police, Road Traffic

Updated: 05 April 2022; Ref: scu.592415

Crompton, Regina (on The Application of) v Police and Crime Commissioner for South Yorkshire and Others: Admn 9 Jun 2017

The claimant challenged the decision of the Commissioner to suspend him from office as chief constable after conclusion of a major inquest following the Hillsborough Stadium disaster

Judges:

Sharp LJ, Garnham J

Citations:

[2017] EWHC 1349 (Admin), [2017] WLR(D) 393

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Police

Updated: 05 April 2022; Ref: scu.588872

Coghlan v Chief Constable of Cheshire Police and Others: QBD 17 Jan 2018

The claimant had been demonstrated to be innocent of very serious charges brought against him, and sought a declaration alleging malicious prosecution. The defendants sought a strike out of the claim.

Judges:

Edward Pepperall QC DHCJ

Citations:

[2018] EWHC 34 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Police, Torts – Other, Human Rights

Updated: 03 April 2022; Ref: scu.603725

Nottinghamshire Police v Gray, Regina (on The Application of): CA 22 Jan 2018

Judicial review proceedings concerning the application of cause of action estoppel and abuse of process to a second set of police disciplinary proceedings, the respondent having successfully appealed against a finding of gross misconduct in a first set of disciplinary proceedings, where both sets of proceedings are in respect of the same alleged misconduct.

Judges:

Sir Terence Etherton MR

Citations:

[2018] EWCA Civ 34

Links:

Bailii

Jurisdiction:

England and Wales

Police

Updated: 03 April 2022; Ref: scu.602959