Category: Police

Regina v Brown: 15 Jul 1841

(Bedford Assizes – (Crown Side)) Constable Herbert complained that the defendant had not assisted him when called on to do so when he tried to halt a riot.
Held: Baron Alderson said: ‘The offence imputed to the defendant consists in this – that Herbert being a constable, and there being a breach of the peace actually committing under his own view, he called upon the defendant to assist him in putting an end to it, and that he without lawful excuse refused so to do. It is no unimportant matter that the Queen’s subjects should assist the officers of the law, when duly required to do so, in preserving the public peace and it is right that the state of the law should be known, and that all parties violating the duty which the law casts upon them should be fully aware of the very serious risk they ran in case of refusal. It is necessary you should be satisfied of three particulars -first, that the constable actually saw a breach of the peace committed by two or more persons. It is clear that ail prize-fights are illegal, and that all persons engaging in them are punishable by law. The constable, therefore, saw parties breaking the law ; and if a breach of the peace is in the act of being committed in the presence of a constable, that constable is not only justified but bound to prevent it, or put a stop to it if it has begun, and he is bound to do so without a warrant. Secondly, you must be satisfied that there was a reasonable necessity for the constable Herbert calling upon other persons for their assistance and support; and in this case there is no doubt that the constable could not by his own unaided exertions have put an end to the combat. Lastly, the prosecutor must prove that the defendant was duly called upon to render his assistance, and that, without any physical impossibility or lawful excuse, he refused to give it. Whether the aid of the defendant, if given, would have proved sufficient or useful is not the question or the criterion. Every man might make that excuse, and say that his individual aid would have done no good; but the defendant’s refusal may have been and perhaps was the cause of that of many others. Every man is bound to set a good example to others by doing his duty in preserving the public peace.

Judges:

Alderson Baron

Citations:

(1841) C and Mar 314, [1841] EngR 932, (1841) Car and M 314, (1841) 174 ER 522

Links:

Commonlii

Jurisdiction:

England and Wales

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, Crime

Updated: 19 November 2022; Ref: scu.247477

Commissioner of Police for Metropolis v Gerald: CA 10 Jun 1998

Damages for distress falling short of physical injury should be recovered as an element of any aggravated damages, not as part of the basic award. A failure to discipline a police officer responsible for the injury was not capable of aggravating the claim.

Citations:

Times 26-Jun-1998, [1998] EWCA Civ 946

Jurisdiction:

England and Wales

Cited by:

Cited – Independent Assessor v O’Brien, Hickey, Hickey CA 29-Jul-2004
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Police, Damages

Updated: 19 November 2022; Ref: scu.80800

National Crime Agency v Khan and Others: QBD 20 Jan 2017

Claim by the National Crime Agency under Part 5 of the Proceeds of Crime Act 2002 for the recovery of property and bank accounts owned by various Defendants alleged to be property obtained through unlawful conduct.

Citations:

[2017] EWHC 27 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice, Police

Updated: 19 November 2022; Ref: scu.573386

News Group Newspapers Ltd and Others v Commissioner of Police of The Metropolis: IPT 17 Dec 2015

This claim is brought against the Commissioner of Police of the Metropolis by News Group Newspapers and three journalists employed by The Sun newspaper, Mr Tom Newton Dunn, the political editor, Mr Anthony France and Mr Craig Woodhouse in respect of four authorisations issued under s 22 of the Regulation of Investigatory Powers Act 2000 (‘RIPA’). The purpose of the authorisations was to enable the police to obtain communications data which might reveal the sources of information obtained by the journalists.
Held: the use of the s 22 power in this investigation was indeed both necessary and proportionate in respect of three out of the four authorisations challenged, but are compelled to hold that the legal regime in place at the relevant time did not adequately safeguard the important public interest in the right of a journalist to protect the identity of his source.

Judges:

Burton J P

Citations:

[2015] UKIPTrib 14 – 176-H

Links:

Bailii

Statutes:

Regulation of Investigatory Powers Act 2000 22

Jurisdiction:

England and Wales

Police, Human Rights, Media

Updated: 19 November 2022; Ref: scu.556982

B v Security Service: IPT 31 Mar 2004

The ruling refers to an oral hearing held by the Tribunal on two preliminary issues of law, with regards to alleged conduct by the Security Service which is alleged to have been incompatible with Article 8 of the European Convention on Human Rights. The Complainant was a Member of Parliament, who believed that the Security Service held files on him containing personal data relating to his activities with ecological groups some time in the past. The Tribunal ruled on whether or not the NCND principle was valid if personal data were or were not held by the public authority

Citations:

[2004] UKIPTrib 03 – 01

Links:

Bailii

Jurisdiction:

England and Wales

Police, Human Rights

Updated: 19 November 2022; Ref: scu.525995

H and H v The Police Federation of Great Britain: IPT 28 Feb 2005

IPT The Tribunal found that a police force’s use of covert surveillance against a police officer breached his Article 8 rights as it had no lawful authority for the surveillance activities it undertook (but its decision is overtaken by C v The Police (IPT/03/32) in 2006)

Citations:

[2005] UKIPTrib 03 – 23

Links:

Bailii

Jurisdiction:

England and Wales

Police, Human Rights

Updated: 19 November 2022; Ref: scu.525994

Mr and Mrs B v Department for Social Development: IPT 29 Jul 2011

In July 2010 the IPT made a finding in favour in this case of a husband and wife joint complaint against the Northern Ireland DSD. The DSD did not dispute that they mistakenly authorised surveillance to allow DSD officers to enter the complainants’ property posing as prospective house purchasers. This is the Tribunal’s decision on remedies. They ordered the quashing of the authorisation and for notes of the surveillance to be destroyed and then stated that the surveillance was a breach of the Complainants’ Article 8 rights.

Citations:

[2011] UKIPTrib 09 – 11

Links:

Bailii

Jurisdiction:

England and Wales

Police, Human Rights, Northern Ireland

Updated: 19 November 2022; Ref: scu.525983

Paton and Others v Poole Borough Council: IPT 6 Nov 2009

Commonly known as the ‘Poole’ judgment, the ruling details the Tribunal’s finding that it was not necessary nor proportionate for Poole Borough Council to undertake surveillance on a family in relation to school catchment areas.

Citations:

[2009] UKIPTrib 09 – 01

Links:

Bailii

Jurisdiction:

England and Wales

Police, Human Rights

Updated: 19 November 2022; Ref: scu.525986

C v The Police: IPT 14 Jul 2006

This ruling relates to an open hearing held to determine whether the Tribunal had jurisdiction under RIPA to determine a claim made by a retired police officer against his former police force. The claim was for unlawful covert surveillance in breach of his right to respect for his private and family life and his home under Article 8 of the European Convention on Human Rights (the Convention) and section 6 of the Human Rights Act 1998 (the 1998 Act). The Tribunal ruled that, as the case related to the use of Private Investigators to undertake directed surveillance in relation to an employment dispute, no public interest would be served by giving the Tribunal exclusive jurisdiction over such a case. Therefore the Tribunal concluded this was not a case of directed surveillance within RIPA. It therefore fell outside the jurisdiction of the Tribunal.

Citations:

[2006] UKIPTrib 03 – 32

Links:

Bailii

Jurisdiction:

England and Wales

Police, Human Rights

Updated: 19 November 2022; Ref: scu.525991

Alleyne v The Commissioner of Police of The Metropolis: QBD 21 Sep 2012

The Claimant claimed for damages for trespass to premises, contending that the entry and search of his premises was unlawful (whether in itself or because he was assaulted during the course of entry); for trespass to the person, in that he was unlawfully handcuffed and deliberately kicked in the right eye and deliberately struck to the right ankle; alternatively that these injuries were inflicted from a want of proper care for his safety and in breach of a duty of care owed to him by officers entering the flat; and for false imprisonment, ‘for approximately 4 hours and 14 minutes between 13.55 hours and 18.09 hours’.

Judges:

HHJ Seys-Llelwellyn QC

Citations:

[2012] EWHC 3955 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Police, Torts – Other

Updated: 19 November 2022; Ref: scu.470630

Connor and others v Chief Constable of Merseyside Police: CA 22 Nov 2006

The claimants appealed dismissal of their claim for damages for malicious prosecution after the obtaining of a search warrant.
Held: The appeals failed. There was no express power to use reasonable force and to temporarily those discovered in premises to be searched in order to execute a warrant under the 1968 Act, but one must be implied.

Judges:

Waller LJ VP, Hallett LJ, Leveson LJ

Citations:

Times 04-Dec-2006, [2006] EWCA Civ 1549, [2006] Po LR 28

Links:

Bailii

Statutes:

Firearms Act 1968

Jurisdiction:

England and Wales

Citing:

Cited – Murray v Ministry of Defence HL 25-May-1988
The plaintiff complained that she had been wrongfully arrested by a soldier, since he had not given a proper reason for her detention.
Held: The House accepted the existence of an implied power in a statute which would be necessary to ensure . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police

Updated: 19 November 2022; Ref: scu.246346

Halford v Chief Constable of Hampshire Constabulary, Curtis: CA 13 Feb 2003

The claimant appealed orders in favour of the defendant that statements, which he claimed were defamatory, were made in situations attracting qualified privilege. Allegations had been made by his step-children that the claimant had assaulted them. He had been interviewed by the police, but a prosecution was rejected because the children’s evidence was inconsistent with the marks noted. Nevertheless, his work as an educational welfare officer, and the suggestion that the police retained an ‘open file’ led to them staying on the child protection register. The claimant also alleged malice.
Held: The context of the child protection hearing was clearly one attracting qualified privilege. As to malice, the test is subjective, depending on the defendant’s state of mind and intention. The remaining possibility of other acts of abuse was enough to destroy any possible foundation for the allegation of malice.

Judges:

Lord Justice Sedley, Lord Justice Simon Brown, Mr Justice Jacob

Citations:

[2003] EWCA Civ 102

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Horrocks v Lowe HL 1974
The plaintiff complained of an alleged slander spoken at a meeting of the Town Council. The council meeting was an occasion attracting qualified privilege. The judge at trial found that the councillor honestly believed that what he had said in the . .
Cited – Alexander v Arts Council of Wales CA 9-Apr-2001
In a defamation action, where the judge considered that, taken at their highest, the allegations made by the claimant would be insufficient to establish the claim, he could grant summary judgment for the defence. If the judge considered that a . .
Lists of cited by and citing cases may be incomplete.

Defamation, Police

Updated: 18 November 2022; Ref: scu.179033

Regina v Northumbria Police ex parte Brown: CA 8 Apr 1998

The applicant renewed his application for a judicial review of decisions by the respondent as to his treatment. He had been a police informer, but then moved to Devon for his protection. He became indigent.
Held: The order sought would be quite outside the power of the court. Leave refused.

Citations:

[1998] EWCA Civ 670

Jurisdiction:

England and Wales

Police, Judicial Review

Updated: 18 November 2022; Ref: scu.144148

Pollard v Chief Constable of West Yorkshire Police: CA 28 Apr 1998

Damages for assault by police dog.
Held: Though in principle reasonable force can be used in the course of assisting in the arrest of a suspected offender, that must always be reasonable and proportionate. The claimant’s appeal failed. The judge had properly taken account of all matters which he should have done, and no flaw in his reasoning had been found.

Citations:

[1998] EWCA Civ 732

Jurisdiction:

England and Wales

Citing:

Cited – Farrell (Formerly McLaughlin) v The Secretary of State for Defence HL 1980
The purpose of pleadings is to enable the opposing party to know the case against him. Lord Edmund-Davies said that: ‘It has become fashionable in these days to attach decreasing importance to pleadings, and it is beyond doubt that there have been . .

Cited by:

Cited – Roberts v Chief Constable of Kent CA 17-Dec-2008
The claimant had been bitten by a police dog while running away after being asked to provide a sample of breath. He was caught by the dog and then warned that if he attempted to run away again, the dog would be set to catch him. A struggle ensued, . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 18 November 2022; Ref: scu.144210

Sacco v Chief Constable of South Wales Constabulary and others: CA 15 May 1998

The claimant a seventeen-year-old youth who had been arrested during a drunken brawl, kicked his way out through the door of the police van in which he was being transported and jumped out while it was moving at about twenty-five mph striking his head on the road.
Held: He had no claim for damages: ‘even a child would know what a risk he was taking.’

Judges:

Beldam, Schiemann and Thorpe LJJ

Citations:

[1998] EWCA Civ 843

Jurisdiction:

England and Wales

Cited by:

Cited – Jebson v Ministry of Defence CA 28-Jun-2000
The claimant was a guardsman travelling in the rear of a service lorry. He fell from the tailgate suffering severe injury. He was drunk after a social trip.
Held: Though a person could normally expect to be responsible himself for incidents . .
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 . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 18 November 2022; Ref: scu.144322

Rhodes, Regina (on The Application of) v Police and Crime Commissioner for Lincolnshire: Admn 28 Mar 2013

The claimant sought to challenge a decision of the respondent to suspend him as Chief Constable.
Held: The terms of regulation 4(1) confer a broad discretion on the appropriate authority. However, that discretion is subject to the conditions in reg. 4(2). An officer can only be suspended in the public interest if this course is ‘required’. This ‘carries the implication that the public interest leaves no other course open’.

Judges:

Stuart-Smith J

Citations:

[2013] EWHC 1009 (Admin)

Links:

Bailii

Statutes:

Police (Conduct) Regulations 2004 4

Cited by:

Cited – Birks, Regina (On the Application of) v Commissioner of Police of the Metropolis Admn 25-Sep-2014
The claimant police officer sought judicial review of a decision to continue his suspension. He had been investigated and cleared after a death in custody. He sought to join the Church of England Ministry and was offered a post. He was re-assured . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 17 November 2022; Ref: scu.472997

HC (A Child), Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 25 Apr 2013

The claimant sought to challenge the policy that a 17 year old under arrest was to be treated as an adult for interview purposes, even though at every other stage of a criminal investigation and prosecution, he would be treated as a child. He had been arrested, but, under the applicable Code of Practice had not been allowed to inform his parents of his whereabouts. The first respondent had declined to exercise her acknowledged discretion to amend the Code.
Held: The request for judicial review succeeded. There could be no question but that the treatment of 17 year-olds as adults when arrested and detained, under Code C, is inconsistent with the UNCRC and the views of the United Nations Committee of the Rights of the Child.

Judges:

Moses LJ, Kenneth Parker J

Citations:

[2013] EWHC 982 (Admin)

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984, Children and Young Person’s Act 1933 107(2), United Nations Declaration on the Rights of the Child 1959, Convention on the Rights of the Child 1989

Citing:

Cited – Regina v G and R HL 16-Oct-2003
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 17 November 2022; Ref: scu.472970

L, Regina (on The Application of) v Cumbria Constabulary: Admn 19 Apr 2013

The claimant challenged the decision of the respondent not to remove certain historical facts from disclosure in the enhanced Criminal Record Certificate issued by them.
Held: The caim was successful.

Judges:

Stuart-Smith J

Citations:

[2013] EWHC 869 (Admin)

Links:

Bailii

Statutes:

Police Act 1997 113B

Jurisdiction:

England and Wales

Police

Updated: 17 November 2022; Ref: scu.472828

Gaynor v Allen: 1959

McNair J considered that when looking at the driving of a police officer, the standard remained that of the experienced skilled and careful driver. McNair considered a submission: ‘that if the motor-cyclist had been a civilian he would undoubtedly have been guilty of some negligence in driving at 60mph, though not necessarily entirely to blame for the accident. To show that a police officer was driving at that speed on a restricted road does not prima facie show negligence’
Held: McNair J said: ‘The driver of this police motor-cycle on this occasion must be judged, as regards civil liability, in exactly the same way as any other driver of a motor-cycle in similar circumstances. He, like any other driver, owed a duty to the public to drive with due care and attention and without exposing the members of the public to unnecessary danger.’

Judges:

McNair J

Citations:

[1959] 2 QB 403

Jurisdiction:

England and Wales

Cited by:

Outdated – Keyse v Commissioner of the Police for the Metropolis, Scutts CA 18-May-2001
The court considered liability where a police car on emergency duty hit Mr Scutts causing very serious injuries. The officer appealed against a finding of liability saying that the judge had declared irrelevant the fact he was on an emergency . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Police, Negligence

Updated: 14 November 2022; Ref: scu.375099

Gizzonio and Another v Chief Constable of Derbyshire: CA 26 Mar 1998

A decision by a police station custody sergeant whether or not to grant bail to a suspect after charge, and on what terms, has immunity from action so long as it forms part of the process of prosecution. No abuse of process or malicious prosecution action or misfeasance in public office could be maintained against him for such a decision.

Citations:

Times 29-Apr-1998, [1998] EWCA Civ 543

Jurisdiction:

England and Wales

Cited by:

Cited – Keegan and Others v Chief Constable of Merseyside CA 3-Jul-2003
The police had information suggesting (wrongly) that a fugitive resided at an address. An armed raid followed, and the claimant occupant sought damages.
Held: The tort of malicious procurement of a search warrant required it to be established . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police

Updated: 14 November 2022; Ref: scu.80850

Baker v Police Appeals Tribunal: Admn 27 Mar 2013

The claimant a former police constable sought judicial review of a decision made by the tribunal, saying that it had had no jurisdiction to make it. The respondent tribunal, having now accepted that it had not had the power it exercised, being then functus officio, nevertheless maintained that the decision should not be quashed where injustice would follow.

Judges:

Leggatt J

Citations:

[2013] EWHC 718 (Admin)

Links:

Bailii

Statutes:

Police Act 1996, Police Appeals Tribunals Rules 2008 22

Citing:

Cited – Berkeley v Secretary of State For The Environment and Others HL 11-May-2000
The claimant challenged the grant of planning permission for a new football ground for Fulham Football club, saying that an Environmental Impact Assessment had not been obtained, but was required.
Held: Where a planning application if . .
Cited – Toth and Another, Regina (On The Application of) v General Medical Council Admn 23-Jun-2000
Lightman J said: ‘The general principle is well established that, if an applicant establishes in judicial review proceedings that the decision which he challenges is bad in law, he should be granted relief, and most particularly an order quashing . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 14 November 2022; Ref: scu.472072

AKJ and Others v Commissioner of Police for The Metroplis and Others: QBD 17 Jan 2013

The claimants sought damages for the actions of undercover police officers engaging in sexual activity as part of the investigation. The court now considered the role of the Investigatory Powers Tribunal in dealing with such claims.
Held: Such activity fell within ‘personal or other relationship with a person’ for the purposes of section 26(8) of the 2000 Act and therefore under section 65, the Tribunal had exclusive jurisdiction to hear a claim brought against the police under the Human Rights Act 1998.

Judges:

Tugendhat J

Citations:

[2013] EWHC 32 (QB), [2013] WLR(D) 49, [2013] 1 WLR 2734

Links:

Bailii, Justiciary, WLRD

Statutes:

Regulation of Investigatory Powers Act 2000, Human Rights Act 1998

Jurisdiction:

England and Wales

Litigation Practice, Police, Human Rights

Updated: 14 November 2022; Ref: scu.470146

French, Regina (on The Application of) v The Chief Constable of West Yorkshire Police: Admn 15 Mar 2011

The claimant sought judicial review of police disciplinary proceedings against her saying that it should have been by way of a disciplinary meeting, and that a member of the panel had served on two of the panels.

Judges:

Behrens J

Citations:

[2011] EWHC 546 (Admin)

Links:

Bailii

Statutes:

Police (Conduct) Regulations 2008

Jurisdiction:

England and Wales

Police

Updated: 14 November 2022; Ref: scu.430551

Regina v Secretary of State for the Home Department, ex parte Thornton: 1986

A police officer for the purposes of disciplinary proceedings had been ‘found guilty by a court of law of a criminal offence’ following a plea of guilty to an offence of wasting police time, albeit that he was subsequently conditionally discharged by the court before which he had pleaded guilty.

Citations:

[1986] 2 All ER 641

Jurisdiction:

England and Wales

Cited by:

Cited – Clarke v Regina CACD 12-Jun-2009
The defendant had pleaded guilty to concealing criminal property. He was conditionally discharged but also made subject to a confiscation order. He appealed saying that one could not be made if only a conditional discharge was imposed.
Held: . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 14 November 2022; Ref: scu.375150

Davis v Leicestershire Constabulary: Admn 18 Jul 2012

The claimant appealed against the refusal of the return of money seized from him by the respondent’s officers under the 2002 Act. The magistrates had declined jurisdiction saying that the complaint was out of time. The claimant said that his request was neither a complaint nor an information so as to fall foul of the six month rule.
Held: The Rules had the effect that the request was to be treated as a complaint from the moment it was filed, and that therefore the time limit applied: ‘ the failure by the appellant to submit the complaint within the prescribed six-month time limit is fatal. In my view the time limits are deliberately strict and no provision is made for them to be extended within the 1980 Act, or elsewhere.’

Judges:

Sir John Thomas, Silber J

Citations:

[2012] EWHC 3388 (Admin)

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002 294, Magistrates Courts Act 1980 127(1), Magistrates’ Courts (Detention and Forfeiture of Cash) Rules 2002 11

Police, Magistrates

Updated: 14 November 2022; Ref: scu.471240

Caetano v Commissioner of Police of The Metropolis: Admn 28 Feb 2013

The claimant now challenged the giving of a simple caution for an alleged assault on her partner.
Held: The evidential basis of the offer of the caution was unsatisfactory, but she had accepted it on legal advice. The case involved allegations of domestic violence toward the applicant, and a prosecution may not have met the standard for prosecution. The decision on review of the caution was quashed.

Judges:

Goldring LJ, Wyn Williams J

Citations:

[2013] EWHC 375 (Admin)

Links:

Bailii

Cited by:

Cited – Stratton, Regina (on The Application of) v Thames Valley Police Admn 7-Jun-2013
The claimant requested the court to set aside a caution accepted by her, when she said that she had not understood the serious consequences and had not admitted the offence.
Held: It was for each Chief Constable to draft his own policy, but . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 14 November 2022; Ref: scu.471235

Roberts v Chief Constable of Greater Manchester Police: CA 16 Jan 2013

The parties had settled a previous dispute with a Tomlin order including the clause: ‘Mr Roberts accepts the above terms in full and final satisfaction of his claims in the said action number 1OL90045 and of any claim or potential claim which he has or may have up to the date hereof against GMP, or any of his officers or employees howsoever arising under statute, common law or otherwise.’ The claimant now sought leave to appeal against rejection of a further claim in respect of data held by the police on him.
Held: Leave was refused. The clause was indeed wide, but clearly incorporated the facts now complained of. An appeal was bound to fail.

Judges:

Longmore LJ

Citations:

[2013] EWCA Civ 60

Links:

Bailii

Jurisdiction:

England and Wales

Information, Police

Updated: 14 November 2022; Ref: scu.470937

O’Loughlin v Chief Constable of Essex: CA 12 Dec 1997

Police, when using force to enter premises, must still give their reasons for effecting their entry, to the occupant, unless this was impossible or undesirable.
Buxton LJ said: ‘This paragraph strictly speaking did not apply in the present case, because no search was contemplated. It is, however, a strong indication of the importance and relevance of the officer who seeks entry explaining his authority, and certainly explaining the reason why he seeks entry. I therefore respectfully agree with the burden of Donaldson LJ’s judgment that a very important factor in deciding whether the police have proved that use of force to enter was necessary. . is whether before using force the police have explained the (proper) reason why they require entry, and none the less have been refused.’
Roch LJ referred to the ‘severe burden which a constable has to discharge when trying to prove that the use of force was really necessary in order to justify his use of force.’

Judges:

Buxton, Thorpe, Roch LJJ

Citations:

Times 12-Dec-1997, [1997] EWCA Civ 2891, [1998] 1 WLR 374

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984

Jurisdiction:

England and Wales

Cited by:

Cited – Keegan and Others v Chief Constable of Merseyside CA 3-Jul-2003
The police had information suggesting (wrongly) that a fugitive resided at an address. An armed raid followed, and the claimant occupant sought damages.
Held: The tort of malicious procurement of a search warrant required it to be established . .
Cited – Director of Public Prosecutions v Meaden Admn 1-Dec-2003
The defendant had been charged with assaulting a police officer in the execution of his duty. The prosecutor appealed a finding of no case to answer. He had been present in a house when the police executed search warrants. He had refused to obey an . .
Applied – Linehan v Director of Public Prosecutions Admn 8-Oct-1999
Appeal by way of Case Stated against a decision convicting the Applicant of two charges of assaulting a constable in the execution of his duty, contrary to section 89(1) of the Police Act 1996. He had refused entry to officers acting under a section . .
Cited – Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another SC 17-Dec-2015
The Court considered the validity of suspicionless stop and search activities under s 60 of the 1994 Act, by police officers.
Held: The claimant’s appeal failed. The safeguards attending the use of the s 60 power, and in particular the . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police

Updated: 13 November 2022; Ref: scu.84447

Kevin Fox v United Kingdom: ECHR 20 Mar 2012

The claimant said that he had been severely assaulted by police officers when being arrested. He had been ‘tasered’ four times at least. The taser had been applied directly to the skin, rater than from a distance, and psychiatrist compared it to ‘extreme electro-convulsive therapy’. He was refused judicial review after the police investigation of his complaint found against him.

Judges:

Lech Garlicki, P

Citations:

[2012] ECHR 606, 61319/09

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

Questions – Kevin Fox v United Kingdom ECHR 15-Jan-2010
The claimant said that he had been severely assaulted by police officers on his arrest, and that the respondent had failed to provide a proper investigation and or remedy.
Held: The court replied with questions for the parties. . .
Cited – Morrison v The Independent Police Complaints Commission and Others Admn 26-Oct-2009
The claimant made a complaint of a serious assault by the police, by the use of a Taser. The defendant had referred the complaint to the IPCC, who said that they should investigate it themselves. The claimant said that to accord with his human . .
Cited – Jakobski v Poland ECHR 7-Dec-2010
The claimant, serving a long jail sentence, said that as a Buddhist, he needed a meat free diet. This was granted at first for medical reasons, but then withdrawn. All attempts failed, and he was mistreated by prison guards. The prison service . .

Cited by:

Cited – Eweida And Others v The United Kingdom ECHR 15-Jan-2013
Eweida_ukECHR2013
The named claimant had been employed by British Airways. She was a committed Christian and wished to wear a small crucifix on a chain around her neck. This breached the then dress code and she was dismissed. Her appeals had failed. Other claimants . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police, Torts – Other

Updated: 13 November 2022; Ref: scu.470467

Selmouni v France: ECHR 25 Nov 1996

Citations:

[1996] ECHR 100, 25803/94

Links:

Bailii

Statutes:

European Convention on Human Rights 3

Cited by:

Cited – Selmouni v France ECHR 28-Jul-1999
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 3; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – . .
Cited – Selmouni v France ECHR 3-Dec-2009
Execution of judgment . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 13 November 2022; Ref: scu.470466

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 area of the mall to investigate.
Held: The owner of the land would be able to withdraw access, and an officer acting within the law could be assumed to have the owner’s consent to do the same thing. If it was lawful to cordon an area off, he was acting lawfully in preventing access, and the arrest was lawful. Appeal allowed.

Judges:

Lord Justice Kennedy, Mr Justice Hooper

Citations:

[2003] EWHC 683 (Admin), Times 21-Apr-2003

Links:

Bailii

Statutes:

Public Order Act 1986 5, Police Act 1996 89(2)

Jurisdiction:

England and Wales

Citing:

Cited – 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 . .
Cited – Ghani v Jones CA 1970
The court was asked as to the powers of the police to retain objects taken and impounded.
Held: The privacy and possessions of an individual were not to be invaded except for the most compelling reasons.
Lord Denning MR said: ‘Balancing . .
Lists of cited by and citing cases may be incomplete.

Police, Crime

Updated: 12 November 2022; Ref: scu.180751

Trade Union of the Police in the Slovak Republic and Others v Slovakia: ECHR 25 Sep 2012

Article 11-1
Freedom of association
Strong ministerial criticism of calls by police union for Government’s resignation: no violation
Facts – The first applicant was a trade union representing police officers. The second, third and fourth applicants were respectively its former president and vice-president and one of its members. In October 2005 the union organised a public meeting in one of the main squares in Bratislava to protest against proposed legislative changes to the police’s social-security regime. During the meeting the participants spontaneously called for the Government to step down and a banner on display read ‘If the State doesn’t pay a policeman, the mafia will do so with pleasure.’ Subsequently the Minister of the Interior criticised the meeting and its organisers and removed the second applicant from the post of director in the police force. The third applicant was also removed from his position at the Minister’s behest. The Minister stated in the press and on television that he would dismiss anyone who acted contrary to the ethical code of the police again, that the union representatives had lost credibility and that he was not obliged to negotiate with them. The applicants lodged a complaint with the Constitutional Court alleging that the Minister’s statements would deter members of the police force from availing themselves of their freedoms of expression, assembly and association for fear of sanctions. In 2007 the Constitutional Court dismissed their complaint after finding that the Minister’s statements were part of the dialogue between both parties and did not amount to a breach of the freedoms at issue.
Law – Article 11 read in the light of Article 10: The Court accepted that the applicants had been intimidated by the Minister’s statements, which could thus have had a chilling effect and discouraged them from pursuing activities within the trade union, including organising or taking part in similar meetings. There had consequently been interference with the exercise of their right to freedom of association. What the Court had to establish was whether such interference had been ‘necessary in a democratic society’. Under domestic law, when expressing their views in public, police officers were required to act in an impartial and reserved manner in order to maintain public trust. Given their primordial role in ensuring internal order and security and in fighting crime, duties and responsibilities inherent in the position and role of police officers justified particular arrangements as regards the exercise of their trade-union rights. The Court observed that the Minister’s impugned statements had been given in reaction to, and were exclusively directed against, the calls for the Government’s resignation and a slogan implying that there was a risk that the police might get involved with the mafia. The Minister had considered their conduct to be in breach of the obligation of police officers to express their views in an impartial and reserved manner and his statements had represented an immediate reaction to ideas and views expressed at the meeting. Given his responsibility for the appropriate functioning of the entire Ministry, including the police, the Minister had been entitled to express his opinion on the situation. Moreover, it did not appear that the applicants’ right to be heard or to continue pursuing trade-union activities had been impaired in any way. In sum, the Court accepted that the interference at issue corresponded to a ‘pressing social need’ and that the reasons for the interference were ‘relevant and sufficient’.
Conclusion: no violation (five votes to two).

Citations:

11828/08 – HEJUD, [2012] ECHR 1747, 11828/08 – CLIN, [2012] ECHR 2036

Links:

Bailii, Bailii

Statutes:

European Convention on Human Rights, European Convention on Human Rights

Jurisdiction:

Human Rights

Employment, Police, Human Rights

Updated: 12 November 2022; Ref: scu.467006

V, Regina (on The Application of) v Commissioner of Police for The City of London: Admn 14 Nov 2012

The claimant complains about the police’s continued retention of information relating to him on the Police National Computer, retention which is said to be in breach of his rights under Article 8 of the European Convention on Human Rights.

Judges:

Richards LJ, Ouseley J

Citations:

[2012] EWHC 3430 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Police, Human Rights

Updated: 12 November 2022; Ref: scu.466930

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

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

Judges:

Philli[ps J

Citations:

[2015] EWHC 484 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Police

Updated: 11 November 2022; Ref: scu.543652

Van Der Pijl and Another v The Crown Court At Kingston: Admn 21 Dec 2012

The claimants challenged search warrants and the seizure of materials under the warrants.
Held: The Court emphasised the need for precision within the warrant itself.

Judges:

Sir John Thomas P QB, Wilkie J

Citations:

[2012] EWHC 3745 (Admin), [2013] 1 WLR 2706

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 9, Criminal Justice and Police Act 2001 59

Jurisdiction:

England and Wales

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 – AB and Another, Regina (on The Application of) v Huddersfield Magistrates’ Court and Another Admn 10-Apr-2014
The claimants challenged the lawfuness of search warrants issued by the respondent court. They were solicitors, and were related to a person suspected of murder who was thought to have fled the country. The officers were looking for evidence that . .
Cited – Lee and Others v Solihull Magistrates Court and Another Admn 5-Dec-2013
The claimant challenged search warrants issued by the respondents, on the grounds first that the warrants were too wide in the description of the property which might be seized, that the description of property sought in the warrant was so wide that . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 10 November 2022; Ref: scu.467645

Neale v Director of Public Prosecutions: Admn 23 Feb 2021

Appeals by way of the case stated from conviction by the justices of wilfully obstructing a constable in the execution of his duty, contrary to section 89(2) of the Police Act 1996. The wilful obstruction alleged in the charge against the appellant was his refusal to give his name and address to a police officer when the officer requested that information in order to issue a fixed penalty notice to the appellant, pursuant to the Health Protection (Coronavirus Restrictions) (Wales) Regulations.
Held: The appeal succeeded.

Citations:

[2021] EWHC 658 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Police, Crime

Updated: 10 November 2022; Ref: scu.661922

Gaughran, Re Judicial Review: QBNI 13 Nov 2012

The claimant sought judicial review of the refusal by the Police Service of Northern Ireland to remove records of his fingerprint, a photograph and DNA sample and profiles which had been collected when he was stopped on suspicion of driving wih excess alcohol. Though later convicted, he said that the retention of these items was disproportionate.
Held: Girvan LJ noted that the Strasbourg analysis in S and Marper proceeded along the course of determining whether the interference with the individual’s article 8 rights was (a) in accordance with law, (b) pursued a legitimate aim and (c) was necessary in a democratic society. He added that question (c) involved the issue whether the retention was proportionate and struck a fair balance between the competing public and private interests. Having regard to the limited grounds upon which leave was granted, the focus of the appellant’s case was on the question of necessity and proportionality, and there was clearly a statutory power to retain the data and that the focus must be upon the proportionality of indefinite retention.

Judges:

Higgins LJ Girvan LJ and Coghlin LJ

Citations:

[2012] NIQB 88, [2014] NI 1

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Northern Ireland

Citing:

Cited – Marper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .

Cited by:

Appeal from – Gaughran v Chief Constable of The Police Service of Northern Ireland (Northern Ireland) SC 13-May-2015
The court was asked as to to the right of the Police Service of Northern Ireland to retain personal information and data lawfully obtained from the appellant following his arrest for the offence of driving with excess alcohol.
Held: The appeal . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 09 November 2022; Ref: scu.466483

Glamorgan Coal Co v Glamorgan Joint Standing Committee: 1915

Bankes LJ said that the duties of police forces include the preservation of the peace, the protection of the inhabitants, and the safeguarding of property within their area.

Judges:

Bankes LJ

Citations:

[1915] 1 KB 483

Jurisdiction:

England and Wales

Cited by:

Appeal from – Glamorgan Coal Company Ltd v Glamorganshire Standing Joint Committee CA 1916
The court considered the duties on police constables to protect property.
Held: Pickford LJ said: ‘[The defendants] are the police authority and have to make proper police arrangements to maintain the peace. If one party to a dispute is . .
Cited – Yarl’s Wood Immigration Ltd and Others v Bedfordshire Police Authority CA 23-Oct-2009
The claimant sought to recover the costs of damage to their centre following a riot, saying that under the 1886 Act, they were liable. It appealed against a ruling that they were unable to claim as a public authority, saying that the 1886 Act was . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 09 November 2022; Ref: scu.377376

Clarke v Chief Constable of North Wales Police: CA 7 Oct 1997

Citations:

[1997] EWCA Civ 2432

Jurisdiction:

England and Wales

Citing:

Cited – Entick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .
Cited – Christie v Leachinsky HL 25-Mar-1947
Arrested Person must be told basis of the Arrest
Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 09 November 2022; Ref: scu.142830

Fisher and Another v Chief Constable of Cumbria Constabulary: CA 29 Jul 1997

The Chief Constable appealed against an award of pounds 750 made after a police officer serving a search warrant forgetfully failed to leave a copy with the occupier.

Judges:

Woolf LJ, Roch LJ, Cotton LJ

Citations:

[1997] EWCA Civ 2232

Links:

Bailii

Statutes:

Misuse of Drugs Act 1971 23(3)

Jurisdiction:

England and Wales

Cited by:

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, Torts – Other

Updated: 09 November 2022; Ref: scu.142629

John-Salakov v Turpey and Others, The Commissioner of Police of The Metropolis: CA 24 Jul 1997

The applicant sought damages from police officers following a raid on a public law centre. The judge had struck out some part of the proceedings. The applicant thought only part had been struck out, and entered judgment in default in respect of the rest.
Held: the judge had indeed struck out the entire proceedings. The immunity given by the Act meant that other parts of the claim were just as hopeless as was the part claimed to have been singled out for rejection.

Citations:

[1997] EWCA Civ 2178

Statutes:

Justices of the Peace Act 1979 44

Jurisdiction:

England and Wales

Police

Updated: 09 November 2022; Ref: scu.142575

Kelly v Commissioner of Police for Metropolis: CA 22 Jul 1997

Some forms used by police in reports to the Crown Prosecution Service attract public interest immunity from disclosure in an action against police. Public Interest Immunity is not subject to distinction between task of investigating a complaint and of reporting an investigation.

Citations:

Gazette 03-Sep-1997, Times 20-Aug-1997, [1997] EWCA Civ 2160

Jurisdiction:

England and Wales

Administrative, Police, Litigation Practice

Updated: 09 November 2022; Ref: scu.82714

Telegraaf Media Nederland Landelijke Media Bv And Others v The Netherlands: ECHR 22 Nov 2012

The ECtHR considered that, in cases of the targeted surveillance of journalists in order to discover their sources, prior review by an independent body with the power to prevent or terminate it was necessary. The point that the confidentiality of journalistic sources cannot be restored once it is destroyed.

Citations:

39315/06 – HEJUD, [2012] ECHR 1965

Links:

Bailii

Statutes:

European Convention on Human Rights 10

Cited by:

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

Human Rights, Media, Police

Updated: 06 November 2022; Ref: scu.465974

Van Colle v The United Kingdom: ECHR 13 Nov 2012

Judges:

Lech Garlicki, P

Citations:

7678/09 – HEJUD, [2012] ECHR 1928, (2013) 56 EHRR 23

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

See Also – 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 . .
See Also – 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 . .
See Also – 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 . .
See Also – Van Colle and Van Colle v The United Kingdom ECHR 9-Feb-2010
Statement of Facts . .

Cited by:

Cited – PBD and Another v Greater Manchester Police QBD 18-Nov-2013
The claimant had acted as police informant for the defendant. He said that the defendant had wrongfully released his identity resulting in him having to seek witness relocation with consequential losses for himself and his partner the co-claimant. . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 06 November 2022; Ref: scu.465929

Rawlinson and Hunter Trustees Sa and Others, Regina (on The Application of) v Central Criminal Court and Another: Admn 15 Nov 2012

Judges:

Sir John Thomas P, Silber J

Citations:

[2012] EWHC 3218 (Admin)

Links:

Bailii

Citing:

Main judgment – Rawlinson and Hunter Trustee and Others, Regina (on The Application of) v Central Criminal Court and Another Admn 31-Jul-2012
The claimants sought to have search warrants issued under the 1987 Act set aside, saying that they had been procured by non-disclosure and misrepresentation.
Held: The search warrants were set aside: ‘the fact that one or more suspects have . .
Lists of cited by and citing cases may be incomplete.

Police, Costs

Updated: 06 November 2022; Ref: scu.465839

Anand, Regina (on The Application of) v Revenue and Customs: Admn 9 Oct 2012

The claimant challenged the lawfulness of a search warrant issued for the respondent. The company had claimed Film Tax Relief, but the revenue had been unable to trace a supplier, and believed the invoice to be bogus.
Held: The warrants wer too widely framed.

Judges:

Pitchford LJ, Foskett J

Citations:

[2012] EWHC 2989 (Admin)

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 15

Cited by:

Cited – Lee and Others v Solihull Magistrates Court and Another Admn 5-Dec-2013
The claimant challenged search warrants issued by the respondents, on the grounds first that the warrants were too wide in the description of the property which might be seized, that the description of property sought in the warrant was so wide that . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 06 November 2022; Ref: scu.465660

United Kingdom v Council (Police and Judicial Cooperation In Criminal Matters): ECJ 24 Jun 2010

Europa Exclusion of the United Kingdom from the procedure for adopting a Council decision concerning access, for consultation for police purposes, to the Visa Information System (VIS).

Citations:

C-482/08, [2010] EUECJ C-482/08 – O, [2010] EUECJ C-482/08

Links:

Bailii, Bailii

Jurisdiction:

European

Police

Updated: 06 November 2022; Ref: scu.420201

X (South Yorkshire) v Secretary of State for The Home Department and Another: Admn 24 Oct 2012

The offender had twice been convicted of sex assaults against children. He was on the sex offenders register for life subject to a future right to seek de-registration. He now challenged as unlawful, the policy, ‘The Child Sex Offender (CSO) Disclosure Scheme Guidance Document’, (CSOD) issued by the respondent for the release of details of a convicted person to appropriate members of the public.

Judges:

Sir Roger Thomas P QBD, Hickinbottom JJ

Citations:

[2012] EWHC 2954 (Admin)

Links:

Bailii

Citing:

Cited – Regina v Chief Constable for North Wales Police Area Authority ex parte AB and CD etc Admn 10-Jul-1997
The police have power to release limited information about offenders. In this case known paedophiles were staying at a campsite, and their criminal record was disclosed to the site owner. There was no harrassment under s3 of the 1968 Act. On any . .
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 . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 05 November 2022; Ref: scu.465202

Cubells, Regina (on The Application of) v Independent Police Complaints Commission: CA 15 Oct 2012

The claimant’s mother had died in hospital. The claimant said that she had died as a result of failures by doctors, and had asked the coroner and police to investigate his allegation that she had been deliberately harmed to cover up missed diagnoses. The police obtained an independent report which said that there was a basis for the initial diagnoses, bit a delay in pursuing an alternative hypothesis for the continued deterioration. That report had been given in ignorance of an image of the blood and a recommendation for the taking of a bone marrow sample. The coroner had refused an inquest. The claimant complained about the investigating officers, and now about the respondent’s report. He now appealed against refusal of leave to bring judicial review.
Held: The appeal failed. The IPCC had been fully entitled to reach the conclusion that it did. The Commission had acted on the arguments presented by the appellant and with a generous interpretation. The only point now raised was not one raised by him with any clarity in his complaint.

Judges:

Lord Neuberger MR, Davis, Treacy LJJ

Citations:

[2012] EWCA Civ 1292

Links:

Bailii

Statutes:

Criminal Procedure and Investigations Act 1996 23(1)

Jurisdiction:

England and Wales

Citing:

Cited – Regina (Muldoon) v Independent Police Complaints Commission Admn 2009
Parker J outlined the court’s powers as regards decisions of the Independent Police Complaints Commission: ‘The IPCC is an independent statutory appeal body to whom Parliament has entrusted the function of reviewing the findings of investigations . .

Cited by:

See Also – Cubells v Information Commissioner FTTGRC 2-Aug-2013
Dismissed : Freedom of Information Act 2000 – Appeal dismissed . .
See Also – Cubells v Information Commissioner FTTGRC 2-Dec-2013
FTTG FOIA s.40 (5) (b) (I) Data Protection Act, 1998 (‘the DPA’) Schedule 1, Part 1 Requests for personal data. . .
See Also – Cubells v Information Commissioner (The Tribunal Procedure (First-Tier Tribunal) (General Regulatory Chamber) Rules 2009) FTTGRC 17-Jul-2014
Application to have claim struck out by consent. . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 05 November 2022; Ref: scu.464847

DA v Strathclyde Joint Police Board: SCS 27 Jun 2012

The tribunal’s decision that the appellant had been unfairly dismissed by the respondent had been reversed at the EAT. The respondent had been allowed to withdraw a concession, and the appellant now sought to pursue a different argument. The appellant, a former police officer and latterly a training officer had a brother convicted of serious sex offences. That brother had absconded in breach of his sex offender’s registration requirements, and it was said that the appellant had failed to act properly in not revealing his whereabouts.
Held: The EAT had criticised the Tribunal for not properly understanding the relationship between the appellant’s employer and the associated Police Force, but had failed to criticise the respondent for itself wrongly conceding it’s separateness. It was not for the EAT to promote a point not taken by the parties. In the very particular circumstances of this case neither tribunal had dealt with the correct issues, and the case was remitted to a differently constituted tribunal for rehearing.

Judges:

Lord Clarke, Lord Hardie, Lord Osborne

Citations:

[2012] ScotCS CSIH – 75

Links:

Bailii

Statutes:

Sexual Offences Act 2003

Citing:

Cited – Kumchyk v Derby County Council EAT 1978
The appellant sought to advance an argument that a certain term was implied into the contract of employment which, for its consideration, would have required consideration of a factual framework which had not been explored in evidence.
Held: . .
Lists of cited by and citing cases may be incomplete.

Scotland, Employment, Police

Updated: 05 November 2022; Ref: scu.464695

Cook and Another v Serious Organised Crime Agency: Admn 27 Jul 2010

The claimants sought review of a decision of the Serious Organised Crime Agency to seize documents which have been the subject of the unlawful execution of a search warrant, purporting to act for this record seizure under section 19 of the Police and Criminal Evidence Act 1984. SOCA, with identical powers to those of the police, acknowledged that the original seizure following the execution of search warrants was unlawful by reason of failure to comply with the law governing the drafting and execution of the warrants, but maintained that section 19 of PACE permits the subsequent seizure which they undertook.
Held: SOCA were not entitled to use section 19 of PACE to keep documents that had been unlawfully seized simply by seeking a receipt for their return.

Judges:

Leveson LJ

Citations:

[2010] EWHC 2119 (Admin), [2011] 1 WLR 144, [2010] Lloyds Rep FC 545, [2010] ACD 88

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 15(6)(a)(iii), Proceeds of Crime Act 2002 343(2)(b) 345

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Sang HL 25-Jul-1979
The defendant appealed against an unsuccessful application to exclude evidence where it was claimed there had been incitement by an agent provocateur.
Held: The appeal failed. There is no defence of entrapment in English law. All evidence . .

Cited by:

Cited – Cummins, Regina (on The Application of) v Manchester Crown Court Admn 27-Jul-2010
The claimant sought a declaration that search warrants on his premises issued under money laundering suspicions were unlawful. The warrants did not comply with the 1984 Act, having failed satisfactorily to specify their purpose. Limited offers had . .
Lists of cited by and citing cases may be incomplete.

Police, Criminal Practice

Updated: 05 November 2022; Ref: scu.421507

Cronin, Regina (on The Application of) v Sheffield Magistrates’ Court and Another: Admn 10 May 2002

Renewed application for permission to seek judicial review following refusal of permission on the papers by Turner J. In refusing permission he wrote:
‘The application is out of time and certainly was not made promptly. In any event there was material before the magistrate which justified the issue of a warrant (see the contents of the acknowledgment of service). The case is unarguable.’

Citations:

[2002] EWHC 1367 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Magistrates, Police

Updated: 05 November 2022; Ref: scu.402515

HM Attorney General v British Broadcasting Corporation: CA 12 Mar 2007

The police were conducting a major investigation into suspected awards of state honours in return for cash and associated events. The AG had obtained an order restraining the defendant and other media from reporting allegations that one person was said to have accused another of asking her to lie for him. It was said that media debate would interfere with the investigation.
Held: The injunction was discharged. The judge had applied the wrong test. The criminal burden of proof did not apply to allegations under rule 39.2.

Judges:

Sir Anthony Clarke MR, Dyson LJ, Thomas LJ

Citations:

[2007] EWCA Civ 280, Times 14-Mar-2007

Links:

Bailii

Statutes:

Contempt of Court Act 1981 1 2, Civil Procedure Rules 39.2

Jurisdiction:

England and Wales

Citing:

Cited – Hodgson and others v Imperial Tobacco Limited Gallagher Limited etc CA 12-Feb-1998
A large number of plaintiffs brought actions against the defendants, three tobacco companies, claiming damages for personal injuries by reason of cancer which they claimed was caused by smoking cigarettes manufactured by the defendants. A hearing . .
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 – Department of Economic Policy and Development of City of Moscow and Another v Bankers Trust Company and Another CA 25-Mar-2004
The word ‘private’ in rule 39.2 means the same as ‘secret’. Lord Justice Mance said: ‘It may be equated with the old ‘in camera’ procedure, rather than the old ‘in chambers’ procedure.’ Privacy and confidentiality are features long assumed to be . .
Lists of cited by and citing cases may be incomplete.

Media, Contempt of Court, Police, Human Rights

Updated: 05 November 2022; Ref: scu.250981

Savage v Hoddinot (Chief Constable of Hampshire): CA 6 Feb 1997

A police informer may abandon anonymity to sue police for promised fees.

Citations:

Times 14-Feb-1997, [1997] EWCA Civ 943, [1997] 1 WLR 1061

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Marks v Beyfus 1890
The plaintiff claimed damages for malicious prosecution. He called the Director of Public Prosecutions as a witness, who refused to identify the name of the person who had given him the information on which he had acted against the plaintiff.

Cited by:

Cited – The Chief Constable of the Greater Manchester Police v McNally CA 25-Jan-2002
The claimant sought damages against the police for malicious prosecution and otherwise. He sought disclosure of whether a party referred to in the case as X, had at any time been a paid informer. The police appealed an order to disclose this. . .
Lists of cited by and citing cases may be incomplete.

Contract, Police

Updated: 05 November 2022; Ref: scu.141339

Thompson v Commissioner of Police of Metropolis; Hsu v Same: CA 20 Feb 1997

CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault.
Held: The court gave a guideline maximum pounds 50,000 award against police for wrongful arrest and wrongful imprisonment. Comparisons were proper with personal injury cases. It is important to identify and quantify the various elements going to make up an award. Where exemplary damages were appropriate they were unlikely to be less than andpound;5,000: otherwise the case was probably not one which justified an award of exemplary damages at all. Although there could be a penal element in the award of aggravated damages, these were primarily to be awarded to compensate the plaintiff for injury to his proper pride and dignity and the consequences of his being humiliated or where those responsible had acted in a high handed insulting or malicious manner.
In cases where juries were assessing damages in actions for assault, wrongful imprisonment or malicious prosecution arising out police misconduct, section 8(1) has the effect of ‘lowering the barrier against intervention’ in relation to such awards.
Woolfe LJ said: ‘In deciding upon what should be treated as the upper limits for exemplary damages we have selected a figure which is sufficiently substantial to make it clear that there has been conduct of a nature which warrants serious civil punishment and indicates the jury’s vigorous disapproval of what has occurred but at the same time recognises that the plaintiff is the recipient of a windfall in relation to exemplary damages. As punishment is the primary objective in this class of case it is more difficult to tie the amount of exemplary damages to the award of compensatory damages, including aggravated.’ and ‘However, in many cases it could prove a useful check subject to the upper limits we have identified if it is accepted that it will be unusual for the exemplary damages to produce a result of more than three times the basic damages being awarded (as the total of the basic aggravated and exemplary damages) except again where the basic damages are modest.’

Judges:

Woolfe MR, Auld LJ, Sir Brian Neill

Citations:

Times 20-Feb-1997, [1997] 2 All ER 762, [1997] 1 WLR 1519, [1997] EWCA Civ 3083, [1998] 1 QB 498, (1998) 10 Admin LR 363, [1997] 3 WLR 403

Links:

Bailii

Statutes:

Courts and Legal Services Act 1990 8(1)

Jurisdiction:

England and Wales

Citing:

See Also – Thomas v Commissioner of Police for Metropolis CA 28-Nov-1996
In an action for damages and false imprisonment, the defendant police officers sought to have introduced the claimant’s previous criminal record, which was expired under the 1974 Act.
Held: The judge had been correct not to follow practice in . .

Cited by:

Cited – Regina (on the Application of O’Brien, Hickey, Hickey) v Independent Assessor QBD 16-Apr-2003
The claimants were to be awarded damages for having been wrongly imprisoned for many years. The respondent was to calculate the award. They complained that he had refused to particularise the award to identify and itemise non-pecuniary loss.
Cited – Independent Assessor v O’Brien, Hickey, Hickey CA 29-Jul-2004
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had . .
Cited – Watkins v Secretary of State for The Home Departmentand others CA 20-Jul-2004
The claimant complained that prison officers had abused the system of reading his solicitor’s correspondence whilst he was in prison. The defendant argued that there was no proof of damage.
Held: Proof of damage was not necessary in the tort . .
Cited – Watson v Cleveland Police CA 12-Oct-2001
The defendant appealed an award of damages in favour of the applicant for assault by police officers whilst held in police custody. The said the judge should have allowed the claimant’s criminal record in in full.
Held: The judge had directed . .
Cited – R, Regina (on the Application of) v Durham Constabulary and Another HL 17-Mar-2005
The appellant, a boy aged 15, had been warned as to admitted indecent assaults on girls. He complained that it had not been explained to him that the result would be that his name would be placed on the sex offenders register. The Chief Constable . .
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 – Manley v Commissioner of Police for the Metropolis CA 28-Jun-2006
The claimant succeeded in his action against the respondent for assault, false imprisonment and malicious prosecution. He appealed his award of damages for malicious prosecution. He had a bad record, and the essential issue was the extent to which . .
Cited – Clark v Chief Constable of Cleveland Police CA 7-May-1999
It was appropriate for courts in all cases to give juries both general guidance on awarding damages and guidance as to the range of awards available in the circumstances. The court aslo set out the proper approach to the award of aggravated damages . .
Cited – Karagozlu v Commissioner of Police of the Metropolis CA 12-Dec-2006
The claimant made a claim for misfeasance in public office. The defendant argued that such a claim required proof of special damage. The claimant said that the deprivation of liberty amounted to such damage. Whilst serving a prison sentence the . .
Cited – Rowlands v Chief Constable of Merseyside Police CA 20-Dec-2006
The claimant succeeded in her claims for general damages against the respondent for personal injury, false imprisonment and malicious prosecution, but appealed refusal of the court to award aggravated damages against the chief constable.
Held: . .
Cited – Subiah v The Attorney General of Trinidad and Tobago PC 3-Nov-2008
(Trinidad and Tobago) The Board considered the extent of damages for infringement of the claimant’s constitutional rights. He had been on board a bus. He complained when a policeman was allowed not to buy a ticket. The same constable arrested him as . .
Cited – Takitota v the Attorney General and others PC 18-Mar-2009
(Bahamas) The applicant a tourist had been wrongfully detained in appalling conditions in the Bahamas for over eight years after he lost his documents. He now appealed against an award of $500,000 dollars compensation.
Held: ‘it would not be . .
Cited – AT and others v Dulghieru and Another QBD 19-Feb-2009
The claimants had been subject to unlawful human trafficking. Their abductors had been imprisoned, and they now sought damages. The court was asked now to assess the damages to be awarded for sexual enslavement. Each claimant suffered chronic post . .
Cited – Takitota v the Attorney General and others PC 18-Mar-2009
(Bahamas) The applicant a tourist had been wrongfully detained in appalling conditions in the Bahamas for over eight years after he lost his documents. He now appealed against an award of $500,000 dollars compensation.
Held: ‘it would not be . .
Cited – Muuse v Secretary of State for The Home Department CA 27-Apr-2010
The claimant, a Dutch national, was detained pending deportation. He was arrested ‘for immigration’ after being given bail in other proceedings. It had been found that that detention was unlawful. He did not come within the criteria for deportation, . .
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 . .
Cited – Clifford v The Chief Constable of The Hertfordshire Constabulary QBD 1-Apr-2011
The claimant alleged malicious prosecution and misfeasance in public office bought by the claimant who was charged with child pornography offences in July 2004. The prosecution had eventually offered no evidence. He said that it should have been . .
Cited – Thakrar v The Secretary of State for Justice Misc 31-Dec-2015
County Court sitting at Milton Keynes. The claimant prisoner sought damages saying that his personal property had been damaged whilst in the care of the defendant.
Held: The claims succeeded in part. Some damage was deliberate. There was a . .
Cited – Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another SC 17-Dec-2015
The Court considered the validity of suspicionless stop and search activities under s 60 of the 1994 Act, by police officers.
Held: The claimant’s appeal failed. The safeguards attending the use of the s 60 power, and in particular the . .
Lists of cited by and citing cases may be incomplete.

Damages, Police, Torts – Other

Updated: 05 November 2022; Ref: scu.89872

Rawlinson and Hunter Trustee and Others, Regina (on The Application of) v Central Criminal Court and Another: Admn 31 Jul 2012

The claimants sought to have search warrants issued under the 1987 Act set aside, saying that they had been procured by non-disclosure and misrepresentation.
Held: The search warrants were set aside: ‘the fact that one or more suspects have already had an opportunity to collude does not necessarily mean that they should be given a further opportunity to do so, especially where collusion has already occurred.’

Judges:

Sir John Thomas P, Silber J

Citations:

[2012] EWHC 2254 (Admin), [2013] Lloyd’s Rep FC 132, [2013] 1 WLR 1634

Links:

Bailii

Statutes:

Criminal Justice Act 1987 2(4)

Jurisdiction:

England and Wales

Cited by:

Main judgment – Rawlinson and Hunter Trustees Sa and Others, Regina (on The Application of) v Central Criminal Court and Another Admn 15-Nov-2012
. .
Cited – Lord Hanningfield of Chelmsford v Chief Constable of Essex Police QBD 15-Feb-2013
The claimant sought damages alleging unlawful arrest and search and detention. He had served a term of imprisonment for having made false expenses claims to the House of Lords. This raid occurred on his release. The arrest was planned and made to . .
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 – 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, Magistrates

Updated: 04 November 2022; Ref: scu.463360

Leeds United Football Club Ltd v The Chief Constable of West Yorkshire Police: QBD 24 Jul 2012

The court was asked whether the West Yorkshire Police are able to recoup from Leeds United Football Club the very considerable costs of public order policing and crowd control around the immediate environs of the Club premises, before and after matches, or whether they are confined to recovering in respect of special police services on land which is owned, leased or directly controlled by the Club.

Judges:

Eady J

Citations:

[2012] EWHC 2113 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Police

Updated: 03 November 2022; Ref: scu.463111

CC v The Commissioner of Police of The Metropolis and Another: Admn 20 Dec 2011

The claimant challenged the use against him of anti-terrorist powers to question and detain passengers at airports etc.
Held: Whether the poers had been used for a proper purpose: ‘will depend on what the officers knew and why they decided to use their powers’

Judges:

Collins J

Citations:

[2012] 1 WLR 1913, [2012] 2 All ER 1004, [2011] EWHC 3316 (Admin)

Links:

Bailii

Cited by:

Cited – Miranda v Secretary of State for The Home Department and Others Admn 19-Feb-2014
The claimant alleged that his detention by the police and the removal from him of encrypted computer storage devices purporting to use powers under the 2000 Act. He and his journalist partner had received and published materials said to be of . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 03 November 2022; Ref: scu.462993

Shufflebottom v Chief Constable of Greater Manchester: Admn 7 Feb 2003

The magistrates were asked to make a finding against a dog which was kept within their jurisdiction, but where the incident upon which the application was based, had occurred in Scotland. The appellant contended it should have been heard in Scotland because of section 52 of the 1980 Act.
Held: The 1871 Act conferred a civil jurisdiction, and was related to its care. The section was intended to encourage dangerous dogs to be restrained properly. The case fell within the second or third categories of section 52, and the magistrates had jurisdiction.

Judges:

Mackay J

Citations:

Times 13-Feb-2003, [2003] EWHC 246 (Admin)

Links:

Bailii

Statutes:

Dogs Act 1871 2, Magistrates Courts Act 1980 52

Jurisdiction:

England and Wales

Police, Animals, Magistrates

Updated: 03 November 2022; Ref: scu.179123

Saunders v Regina: CACD 26 Jun 2012

The defendant sought leave to appeal after a ruling that her refusal to take legal advice during police interview had been informed and voluntary. The interviewing officer had adopted a policy of always giving disclosure where the suspect was legally represented, but of never doing so where they were not.
Held: The appeal was dismissed. However: ‘There may well be cases where fairness demands that a detainee is afforded pre-interview disclosure, so that he knows sufficiently the nature of the police enquiry and is placed in a position to know whether legal advice would assist or not. The inflexible practice adopted by . . and endorsed by the judge runs a serious risk of depriving a detainee of information he needs before deciding whether to waive or not. In the instant case that risk did not arise, but in other cases it may do. The approach adopted by the police needs to be flexible so that they can be sensitive to the different needs of different detainees. ‘

Judges:

Moses LJ, Cranston J, Inman QC J

Citations:

[2012] EWCA Crim 1380

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – McGowan (Procurator Fiscal) v B SC 23-Nov-2011
The appellant complained that after arrest, though he had been advised of his right to legal advice, and had declined the offer, it was still wrong to have his subsequent interview relied upon at his trial.
Held: It was not incompatible with . .
Cited – Jude v Her Majesty’s Advocate SC 23-Nov-2011
The Lord Advocate appealed against three decisions as to the use to be made of interviews where the detainees had not been given access to lawyers. In each case the prosecutor now appealed after their convictions had been overturned in the light of . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 03 November 2022; Ref: scu.460865

In Re C (A Minor) (Care Proceedings: Disclosure); Re EC (Disclosure of Material): CA 22 Oct 1996

Guidance was to the courts on disclosure of care proceedings statements etc to police. But for section 12 it would have been contempt of court to have disclosed to the police matters before the children’s court.

Citations:

Times 22-Oct-1996, [1997] Fam 76, [1996] 2 FLR 725

Statutes:

Children Act 1989 12 98

Jurisdiction:

England and Wales

Cited by:

Cited – Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure) FD 19-Mar-2004
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings . .
Cited – Doctor A and Others v Ward and Another FD 8-Jan-2010
Parents wished to publicise the way care proceedings had been handled, naming the doctors, social workers and experts some of whom had been criticised. Their names had been shown as initials so far, and interim contra mundum orders had been made . .
Lists of cited by and citing cases may be incomplete.

Children, Police

Updated: 01 November 2022; Ref: scu.81781

Fitt v United Kingdom: ECHR 16 Feb 2000

(Grand Chamber) Complaint as to non-disclosure of prosecution evidence.

Judges:

Wildhaber P

Citations:

29777/96, [2000] ECHR 89, (2000) 30 EHRR 480, [2000] Po LR 10

Links:

Bailii, Worldlii

Statutes:

European Convention on Human Rights 5 6.1

Jurisdiction:

Human Rights

Cited by:

Conjoined Hearing – Rowe and Davis v The United Kingdom ECHR 16-Feb-2000
(Grand Chamber) Complaint as to non-disclosure of prosecution evidence. . .
Conjoined Hearing – Amann v Switzerland ECHR 16-Feb-2000
(Grand Chamber) Complaint as to non-disclosure of prosecution evidence.
Held: The holding and use of the information in question had not been ‘in accordance with the law’, as required by article 8(2), because of the absence from the relevant . .
Conjoined Hearing – Jasper v The United Kingdom ECHR 16-Feb-2000
Grand Chamber – The defendants had been convicted after the prosecution had withheld evidence from them and from the judge under public interest immunity certificates. They complained that they had not had fair trials.
Held: The right was . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice, Police

Updated: 01 November 2022; Ref: scu.471750

Ferdinand Jozef Colon v The Netherlands: ECHR 15 May 2012

Acting under the Municipalities Act, with the authority of a byelaw passed by the local council, the Burgomaster of Amsterdam designated most of the old centre of Amsterdam as a security risk area for a period of six months and again for a further period of 12 months. Under the Arms and Ammunition Act, this enabled a public prosecutor to order that, for a randomly selected period of 12 hours, any person within the designated area might be searched for the presence of weapons. The prosecutor had to give reasons for the order by reference to recent reports. The applicant refused to submit to a search when stopped and was arrested and prosecuted for failing to obey a lawful order.
Held: The applicant’s complaint that this interference with his article 8 rights was not ‘in accordance with the law’ was limited to the ineffectiveness of the judicial remedies available, in particular that no prior judicial authorisation for the order was necessary. The court pointed out that the Burgomaster’s designation had to be based on a byelaw adopted by an elected representative body, which also had powers to investigate the Burgomaster’s use of the power. There was also an objection and appeal mechanism. The criminal courts could then examine the lawfulness of the use made of it. Hence the power was ‘in accordance with the law’. The court went on to find that the interference was ‘necessary in a democratic society’. The legal framework involved both the Burgomaster and the prosecutor, hence no single executive officer could alone order a preventive search operation. These preventive searches were having their intended effect of helping to reduce violent crime in Amsterdam. These reasons were sufficient to justify the unpleasantness and inconvenience to the applicant.

Citations:

49458/06, [2012] ECHR 946

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Beghal v Director of Public Prosecutions SC 22-Jul-2015
Questions on Entry must be answered
B was questioned at an airport under Schedule 7 to the 2000 Act, and required to answer questions asked by appropriate officers for the purpose set out. She refused to answer and was convicted of that refusal , contrary to paragraph 18 of that . .
Cited – Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another SC 17-Dec-2015
The Court considered the validity of suspicionless stop and search activities under s 60 of the 1994 Act, by police officers.
Held: The claimant’s appeal failed. The safeguards attending the use of the s 60 power, and in particular the . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 01 November 2022; Ref: scu.460137

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.

Citations:

Gazette 06-Nov-1996, Times 10-Oct-1996, [1996] EWCA Civ 684, [1998] QB 65, (1997) 9 Admin LR 601, [1997] 1 All ER 289

Links:

Bailii

Statutes:

Race Relations Act 1976 20(g)

Jurisdiction:

England and Wales

Cited by:

Cited – 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 . .
Cited – Chief Constable of Kent County Constabulary v Baskerville CA 3-Sep-2003
The claimant sought damages for sex discrimination by fellow police officers in an action against the Chief Constable. The Chief Constable said he was liable for the unlawful acts of fellow officers.
Held: Anything done by an employee was done . .
Cited – Barwise, Regina (on the Application Of) v Chief Constable of West Midlands Police Admn 8-Jul-2004
The applicant sought judicial review of the decision of the respondent to remove his status of police constable. He had been absent from work with stress for a long time. He had failed to attend appointments on police premises.
Held: The . .
Cited – Gichura v Home Office and Another CA 20-May-2008
The claimant sought damages after his treatment as a disabled person whilst held in immigration detention centres. The court dismissed his claim on the basis of Amin.
Held: The application of the Amin case was too simplistic. The various . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Torts – Other, Police

Updated: 31 October 2022; Ref: scu.140551

Tuthill v The Director of Public Prosecutions: Admn 15 Nov 2011

The defendant appealed against his conviction, saying that the evidence was obtained by means of an unlawful search by an officer.

Judges:

Sir John Thomas P BD, Wyn Williams J

Citations:

[2011] EWHC 3760 (Admin)

Links:

Bailii

Statutes:

Public Order Act 1986

Jurisdiction:

England and Wales

Cited by:

Cited – Marshall v Crown Prosecution Service Admn 17-Jun-2015
A car was seen speeding. Husband and wife each said that they did not know who was driving it in response to notices requiring that information. Mrs M now appealed against her conviction under section 172. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Police

Updated: 31 October 2022; Ref: scu.459727

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 against the striking out of his actions for conspiracy to pervert the course of justice, and misfeasance in public office. He had remained in prison after conviction on another charge of murder.
Held: The appeal failed. The public policy purposes underlying the immunity were essentially two-fold. First, as in Munster, namely ‘. . to protect persons acting bona fide, who under a different rule would be liable, not perhaps to verdicts and judgments against them, but to the vexation of defending actions’ and secondly as in Roy v. Prior ‘. . to avoid a multiplicity of actions in which the value or truth of their evidence would be tried over again.’

Judges:

Simon Brown LJ, Neill LJ, Waite LJ

Citations:

Times 09-Jul-1996, [1996] 8 Admin LR 633, [1996] EWCA Civ 1311

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Roy v Prior HL 1970
The court considered an alleged tort of maliciously procuring an arrest. The plaintiff had been arrested under a bench warrant issued as a result of evidence given by the defendant. He sued the defendant for damages for malicious arrest.
Held: . .
Cited – Munster v Lamb CA 1883
Judges and witness, including police officers are given immunity from suit in defamation in court proceedings.
Fry LJ said: ‘Why should a witness be able to avail himself of his position in the box and to make without fear of civil consequences . .
Cited – Dawkins v Lord Rokeby 1873
dawkins_rokeby1873
Police officers (among others) are immune from any action that may be brought against them on the ground that things said or done by them in the ordinary course of the proceedings were said or done falsely and maliciously and without reasonable and . .
Cited – Evans v London Hospital Medical College and Others 1981
The defendants employed by the first defendant carried out a post mortem on the plaintiff’s infant son. They found concentrations of morphine and told the police. The plaintiff was charged with the murder of her son. After further investigation no . .
Cited – Marrinan v Vibert CA 2-Jan-1963
A tortious conspiracy was alleged in the conduct of a civil action. The plaintiff appealed against rejection of his claim.
Held: The appeal failed as an attempt to circumvent the immunity of a wirness in defamation by framing a claim in . .
Cited – 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 . .
Cited – Lincoln v Daniels CA 1961
The defendant claimed absolute immunity in respect of communications sent by him to the Bar Council alleging professional misconduct by the plaintiff, a Queen’s Counsel.
Held: Initial communications sent to the secretary of the Bar Council . .
Cited – 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 – Martin v Watson HL 13-Jul-1995
The plaintiff had been falsely reported to the police by the defendant, a neighbour, for indecent exposure whilst standing on a ladder in his garden. He had been arrested and charged, but at a hearing before the Magistrates’ Court, the Crown . .

Cited by:

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

Police, Torts – Other

Updated: 31 October 2022; Ref: scu.89263

Lancashire County Council v Municipal Mutual Insurance Ltd: CA 3 Apr 1996

The defendant agreed to indemnify the insured ‘in respect of all sums which the insured shall become legally liable to pay as compensation arising out of’ various matters including wrongful arrest, malicious prosecution and false imprisonment. The insurer contended that the use of the word ‘compensation’ excluded awards of exemplary damages.
Held: The contention was rejected. Insurance for local authorities and police authorities against vicarious liability including for criminal liability and for exemplary damages is not unlawful. The words of the clause ‘all sums which the insured shall become legally liable to pay as compensation’ was not clear as to its extent, and was not to be limited to any claim for compensation as such. Exemplary damages went beyond pure compensation but were included. Nor was there any public policy against insuring for liability for criminal conduct.
Simon Brown LJ discussed the use of public policy as an aid to construction: ‘The only way in which public policy can properly be invoked in the construction of a contract is under the rule ut res magis valeat quam pereat: if the words are susceptible of two meanings, one of which would validate the particular clause or contract and the other render it void or ineffective, then the former interpretation should be applied even though it might otherwise, looking merely at the words and their context, be less appropriate.’ and
‘Although I accept Mr. Glasgow’s submission that the natural and ordinary meaning of ‘compensation’ in the context of a legal liability to pay damages is one which excludes any element of exemplary damages, I cannot accept that this meaning is wholly clear and unambiguous. On the contrary it involves very much a literal, lawyer’s understanding of the term and is one which would not command universal acceptance. Many, including no doubt most recipients, would regard compensation to mean instead all damages (of whatever character and however calculated) payable to the victim of a tort.’

Judges:

Lord Justice Staughton, Lord Justice Simon Brown and Lord Justice Thorpe

Citations:

Gazette 05-Jun-1996, Times 08-Apr-1996, [1997] QB 897, [1996] EWCA Civ 1345, [1996] 3 All ER 545, [1996] 3 WLR 493, [1996] CLC 1459

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – AB v South West Water Services Ltd CA 1993
Exemplary and aggravated damages were claimed in an action for nuisance arising out of the contamination of water by the defendant utility.
Held: Sir Thomas Bingham MR said: ‘A defendant accused of crime may ordinarily be ordered (if . .
Cited – Riches v News Group Newspapers Ltd CA 20-Feb-1985
The defendant published serious defamatory allegations against several plaintiff police officers. The defendant newspaper appealed against an award of andpound;250,000 exemplary damages for their defamation of the respondent police officers.

Cited by:

Cited – Barrett v Universal-Island Records Ltd and others ChD 15-May-2006
The claimant was entitled to share in the copyright royalties of Bob Marley and the Wailers, and claimed payment from the defendants. The defendants said that the matters had already been settled and that the claim was an abuse of process, and also . .
Cited – Bedfordshire Police Authority v Constable and others ComC 20-Jun-2008
The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance . .
Cited – Mulcaire v News Group Newspapers Ltd ChD 21-Dec-2011
The claimant, a private investigator had contracted with the News of the World owned by the defendant but since closed. He had committed criminal offences in providing information for the paper, had been convicted and had served his sentence. He . .
Cited – Jetivia Sa and Another v Bilta (UK) Ltd and Others SC 22-Apr-2015
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the . .
Lists of cited by and citing cases may be incomplete.

Insurance, Torts – Other, Local Government, Police

Updated: 31 October 2022; Ref: scu.82914

Krohn v Director of Public Prosecutions: Admn 18 Mar 1997

Appeal by the defendant Anthony Krohn by way of case stated from a decision of the Newcastle upon Tyne Crown Court on 28th February 1996 upholding his conviction at the Newcastle upon Tyne Magistrates’ Court on 30th December 1995 on a charge of assaulting a police officer in the execution of his duty. The central question which arises for decision on this appeal is whether the failure by a senior police officer to make a record in writing of the grounds for searching the defendant’s flat and the nature of the evidence that was sought rendered unlawful the subsequent entry by police officers into his flat.

Citations:

[1997] EWHC Admin 286

Links:

Bailii

Jurisdiction:

England and Wales

Crime, Police

Updated: 28 October 2022; Ref: scu.648564