Category: Police

DB, Re Judicial Review: QBNI 28 Apr 2014

The court granted the respondent’s application for judicial review of the policing by PSNI of certain parades which had not been notified in accordance with the requirements of the Public Processions (Northern Ireland) Act 1998, finding that the PSNI had facilitated illegal and sometimes violent parades with the effect, for a period of time at least, of undermining the 1998 Act in breach of their duties under section 32 of the Police (Northern Ireland) Act 2000 and in breach of the respondent’s Article 8 rights under the Convention. The respondent submitted an amended Order 53 statement to accord with the manner in which the hearing developed.

Judges:

Treacy J

Citations:

[2014] NIQB 55

Links:

Bailii

Statutes:

Police (Northern Ireland) Act 2000 32, Police and Criminal Evidence (Northern Ireland) Order 1989 26

Jurisdiction:

Northern Ireland

Cited by:

Appeal from – DB, Re Judicial Review CANI 1-Jul-2014
A complaint was made that the police had failed properly to understand and implement their duties in managing partisan marches in Northern Ireland.
Held: the 1998 Act had not been undermined by the decisions and actions of the police in . .
At QBNI – DB v Chief Constable of Police Service of Northern Ireland SC 1-Feb-2017
The appellant said that the police Service of Northern Ireland had failed properly to police the ‘flags protest’ in 2012 and 2013. The issue was not as to the care and effort taken, but an alleged misunderstanding of their powers.
Held: Treacy . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 09 July 2022; Ref: scu.526647

D’Souza v Director of Public Prosecutions: HL 15 Oct 1992

The police went to detain the appellant under the 1983 Act. To do so they entered the property against her wishes. She resisted detention, and now appealed her conviction for assaulting the Police officers in the execution of their duty, saying that the entry was unlawful, and that detention under the 1983 Act was not an arrest.
Held: The officers could not claim to have been in pursuit of her so as to justify the entry to the property. The case was remitted for the convictions to be discharged.

Judges:

Lord Keith of Kinke, Lord Roskil, Lord Jauncey of Tullichettl, Lord Lowr, Lord Browne-Wilkinson

Citations:

[1992] UKHL 10, [1992] 4 All ER 545, [1992] 1 WLR 1073

Links:

Bailii

Statutes:

Police Act 1964 51(1), Mental Health Act 1983 137, Police and Criminal Evidence Act 1984 17(1)(d)

Jurisdiction:

England and Wales

Citing:

Cited – Edwards (Inspector of Taxes) v Bairstow HL 25-Jul-1955
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’.
Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only . .
Cited – Hart v Chief Constable of Kent QBD 1983
The defendant had an accident while driving a car and was tracked to his home by a police dog. He gave a positive specimen of breath standing partly inside and partly outside the house. When told he was being arrested he pulled back into the house . .
Lists of cited by and citing cases may be incomplete.

Crime, Police

Updated: 09 July 2022; Ref: scu.248755

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: The Chief Constable was potentially liable for aggravated and or exemplary damages for the tortious acts of his officers. An award of exemplary damages would not over-compensate the claimant, and the judge had not properly acknowledged the distress she had suffered. The judge had misapplied Kuddus, and under section 88, the Chief Constable remained liable for the acts of his officers. The conduct of the police officers was worthy of significant punishment.

Judges:

Lord Justice Ward, Lord Justice Moore-Bick and Lord Justice Richards

Citations:

[2006] EWCA Civ 1773, Times 11-Jan-2007, [2007] 1 WLR 1065

Links:

Bailii

Statutes:

Police Act 1996 88

Jurisdiction:

England and Wales

Citing:

Cited – Hicks v Faulkner 1878
Before charging a prisoner, a police officer must have ‘an honest belief in the guilt of the accused based upon a full conviction, founded upon reasonable grounds, of the existence of a state of circumstances, which, assuming them to be true, would . .
Cited – Herniman v Smith HL 1938
The court considered the tort of malicious prosecution.
Held: It is the duty of a prosecutor to find out not whether there is a possible defence, but whether there is a reasonable and probable cause for prosecution. The House approved the . .
Cited – Cassell and Co Ltd v Broome and Another HL 23-Feb-1972
Exemplary Damages Award in Defamation
The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. . .
Cited – Wright v British Railways Board HL 1983
An award of interest at a conventional rate includes an element in respect of the ‘real’ rate of return which an investor could expect to receive on a risk-free investment and an element to allow for inflation. Lord Diplock said: ‘that element of . .
Cited – Sutcliffe v Pressdram Ltd CA 1991
A 600,000 pound compensatory award was set aside by the Court of Appeal on the grounds that it must have been made on the wrong basis, almost certainly so as to punish Private Eye. The Court of Appeal could not substitute its own award for that of a . .
Cited – Rantzen v Mirror Group Newspapers (1986) Ltd and Others CA 1-Apr-1993
Four articles in the People all covered the same story about Esther Rantzen’s organisation, Childline, suggesting that the plaintiff had protected a teacher who had revealed to Childline abuses of children occurring at a school where he taught, by . .
Cited – 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 . .
Cited – Elguzouli-Daf v Commissioner of Police of the Metropolis and Another CA 16-Nov-1994
The Court upheld decisions striking out actions for negligence brought by claimants who had been arrested and held in custody during criminal investigations which were later discontinued. The Crown Prosecution Service owes no general duty of care to . .
Cited – John v MGN Ltd CA 12-Dec-1995
Defamation – Large Damages Awards
MGN appealed as to the level of damages awarded against it namely pounds 350,000 damages, comprising pounds 75,000 compensatory damages and pounds 275,000 exemplary damages. The newspaper contended that as a matter of principle there is no scope in . .
Cited – Kuddus v Chief Constable of Leicestershire Constabulary HL 7-Jun-2001
There is no rule of law preventing the award of exemplary damages against police officers. The fact that no case of misfeasance in public office had led to such awards before 1964, did not prevent such an award now. Although damages are generally . .

Cited by:

Cited – Mosley v News Group Newspapers Ltd QBD 24-Jul-2008
The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Police, Damages

Updated: 08 July 2022; Ref: scu.247488

Da Silva, Regina (on the Application of) v Director of Public Prosecutions and Another: Admn 14 Dec 2006

An innocent bystander had been shot dead by police mistaking him for a suicide bomber. The claimant, a cousin, challenged decisions not to prosecute any officer for murder or manslaughter or any other criminal offence.
Held: Review was refused: ‘A decision to prosecute can have a profound effect on the accused; and a decision not to prosecute, especially in circumstances where it is believed or asserted that the decision is or may be erroneous, can affect public confidence in the integrity and competence of the criminal justice system. The approach in the Code is that a prosecution must not go ahead if there is no realistic prospect of conviction, and that it is not the role of the CPS simply to give cases a public airing regardless of the strength of the evidence. Although it has been suggested that the CPS should recognise a category of cases where, because of the public interest in holding a trial in open court, a prosecution should be brought even though there is assessed to be insufficient evidence to provide a realistic prospect of conviction, it would be unfair and incompatible with a consistent application of the principles of justice to adopt a different standard for a particular category of suspect and to subject persons within that category to the burden of a prosecution even where there was not a realistic prospect of conviction.

Judges:

Richards LJ, Forbes and Mackay JJ

Citations:

[2006] EWHC 3204 (Admin)

Links:

Bailii

Statutes:

Prosecution of Offences Act 1985 10, Europeana Convention on Human Rights 2

Citing:

Cited – Regina v The Director of Public Prosecutions, Ex Parte Manning, Ex Parte Melbourne QBD 17-May-2000
The applicants sought judicial review of the decision of the Director not to prosecute anybody after the death of their brother in prison custody, and while under restraint by prison officers. The jury at a coroner’s inquest had returned a verdict . .

Cited by:

At Admn – Patricia Armani Da Silva v The United Kingdom ECHR 28-Sep-2010
The applicant complained of the failure to convict anyone of a serious criminal offence after her innocent cousin was shot dead by police officers who said they mistook him for a suicide bomber. . .
At Admn – Patricia Armani Da Silva v The United Kingdom ECHR 7-Jul-2012
The claimant’s cousin had been shot by police mistakenly thinking he was a terrorist with a suicide bomb. . .
At Admn – Patricia Armani Da Silva v The United Kingdom ECHR 12-Jul-2012
The claimant’s innocent cousin Jean Charles de Menezes had been shot and killed by police officers seeking a suicide bomber. She had complained that after investigation, no police officer had been prosecuted for any serious offence of murder or . .
Lists of cited by and citing cases may be incomplete.

Police, Criminal Practice, Human Rights

Updated: 08 July 2022; Ref: scu.247468

PKK and KNK v Council: ECJ 27 Sep 2006

ECJ (Common Foreign and Security Policy) Opinion – Appeal – Measures to combat terrorism – Admissibility of the application – Existence of the group bringing the action – Representation of the group bringing the action – Distortion of evidence – Individual concern of the group bringing the action

Judges:

Kokott J

Citations:

[2006] EUECJ C-229/05 – O

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Opinion – PKK and KNK v Council ECJ 27-Sep-2006
ECJ Appeal – Measures to combat terrorism – Admissibility of the application – Existence of the group bringing the action – Representation of the group bringing the action – Distortion of evidence – Individual . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 07 July 2022; Ref: scu.245177

Barracks v Coles and Commissioner of Police for the Metropolis: CA 21 Jul 2006

The claimant sought to allege race discrimination and appealed refusal by the respondents to release required documents. She had been turned down for an appointment to the Trident task force, and sought disclosure of the reasons. The respondent said that she had failed in her vetting, and that they were prohibited in law from disclosing the information sought, either to the claimant or the court. The EAT had held a hearing from which the claimant and her advisers had been excluded, and then accepted that the police were prohibited from disclosing the material.
Held: ‘Ordinarily, case management orders made in the exercise of the employment tribunal’s wide discretion will not be disturbed on an appeal, which is confined to questions of law’ The EAT had been wrong to hear the evidence in the absence of the defence, but the defect was curable. Procedures could be adopted to minimise the impact on the case of the restrictions, which could restrict either side. Any question of interference with the right to a fair trial might proportionate and for the legitimate aim of protecting national security, but this would be a matter for the tribunal. The tribunal had been wrong to make an ‘unless order’ which couldnot be complied with by the police without breaking the law. The case would be remitted, but the tribunal should disregard that part of the EAT judgment derived from the wrongful hearing. Matters of EC and ECHR law should be decided on the facts as presented in due course.

Judges:

Mummery LJ, Sir Anthony Clarke MR, Wall LJ

Citations:

[2006] EWCA Civ 1041, Times 07-Aug-2006, [2006] EWCA Civ 1155, [2007] IRLR 73, [2007] ICR 60, [2006] Po LR 217

Links:

Bailii, Bailii

Statutes:

Race Relations Act 1976 1(1)(a) 4, Regulation of Investigatory Powers Act 2001 18(7)

Jurisdiction:

England and Wales

Citing:

Cited – Burke, Regina (on the Application of) v General Medical Council and others (Official Solicitor and others intervening) CA 28-Jul-2005
The claimant suffered a congenital degenerative brain condition inevitably resulting in a future need to receive nutrition and hydration by artificial means. He was concerned that a decision might be taken by medical practitioners responsible for . .
Appeal from – Chief Superintendent John Coles Commissioner of Police of the Metropolis v J Barracks EAT 19-Sep-2005
EAT Practice and Procedure – Striking-out/dismissal. Appellants refused to reveal the reason for black officer’s unsuccessful application to Trident police team, following vetting procedure. Held that they were . .
Cited – Igen Ltd v Wong CA 18-Feb-2005
Proving Discrimination – Two Stage Process
Each appeal raised procedural issues in discrimination cases, asking where, under the new regulations, the burden of proof had shifted.
Held: The new situation required a two stage process before a complaint could be upheld. First the claimant . .
Cited – Johnston v Chief Constable of the Royal Ulster Constabulary ECJ 15-May-1986
The principles of the European Convention for the Protection of Human Rights must be taken into consideration in community law. The principle of effective judicial control laid down in article 6 of Council Directive 76/207, a principle which . .
Cited – Union Nationale Des Entraineurs Et Cadres Techniques Professionnels Du Football (UNECTEF) v Heylens And Others ECJ 15-Oct-1987
Europa The lawful requirement whereby, in the various member states, admission to certain occupations is subjected to the possession of diplomas constitutes a restriction on the effective exercise of the freedom . .
Cited – Mantovanelli v France ECHR 18-Mar-1997
Hudoc Violation of Art. 6-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedings
An alleged Article 6 breach has to be considered in the overall context . .
Cited – NJ v Essex County Council and Another; In re J (Care: Assessment: Fair Trial); Re J (a child) (care proceedings: fair trial) CA 11-May-2006
The family complained that the local authority had, in assessing the need for a care order, failed to follow the guideliens set down in In Re L, leading to an infringement of their human rights.
Held: Neither in the lower court nor here had . .
Cited – Chief Superintendent John Coles Commissioner of Police of the Metropolis v J Barracks EAT 19-Sep-2005
EAT Practice and Procedure – Striking-out/dismissal. Appellants refused to reveal the reason for black officer’s unsuccessful application to Trident police team, following vetting procedure. Held that they were . .

Cited by:

Cited – Amwell View School v Dogherty EAT 15-Sep-2006
amwell_dogherty
The claimant had secretly recorded the disciplinary hearings and also the deliberations of the disciplinary panel after their retirement. The tribunal had at a case management hearing admitted the recordings as evidence, and the defendant appealed, . .
Cited – Tariq v The Home Office EAT 16-Oct-2009
EAT PRACTICE AND PROCEDURE
Disclosure
HUMAN RIGHTS
(1) The procedure sanctioned by rule 54 of the Employment Tribunals Rules of Procedure, and by the Employment Tribunals (National Security) Rules . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Litigation Practice, Police

Updated: 07 July 2022; Ref: scu.243362

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 the award should be discounted for this.
Held: ‘the figures at the bottom of the judge’s brackets, so far as basic damages are concerned, simply cannot be said to have compensated this appellant for the way he was treated. Any reasonable jury should have appreciated that a failure to award something other than a substantial sum for aggravated damages would send out an entirely wrong message to the respondent. The police officers humiliated the appellant during the incident; they behaved in a high-handed, insulting, malicious and oppressive manner; those who were parties to the incident lied to found false charges, lied at the criminal trial and lied at the civil trial. The custody sergeant then fabricated or supported the fabrication of a story as well. No disciplinary proceedings of any kind have apparently resulted. No jury in my view could have awarded less than andpound;10,000 as aggravated damages. ‘ The award for malicious prosecution was raised also to andpound;4,000.

Judges:

Waller LJ, Moses LJ, Wilson LJ

Citations:

[2006] EWCA Civ 879

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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

Torts – Other, Damages, Police

Updated: 07 July 2022; Ref: scu.242898

Kay v The Commissioner of Police of the Metropolis: Admn 27 Jun 2006

For many years and in many large cities, once a month, cyclists had gathered en masse to cycle through the city in a ‘Critical Mass’ demonstration. There was no central organisation. Clarification was sought as to whether the consent of the police was required under the 1986 Act.
Held: Whether there was anybody who might be prosecuted for leading a ride taking place without an order would be a matter for the police in each case. The court could not anticipate that. Nor could it be said that the purpose of the ride was not one governed by the 1986 Act. It was suggested that the procession had acquired the status of being a customary procession, however: ‘the denial of a collective intention falling within s.11(1) may not be easy to reconcile with the continuity of qualifying intention needed to attract the protection of s.11(2). Either will afford a defence, but it is hard to see how both can. ‘ There had now been 140 such rides, and it was not proper to deny that they had become common or customary, and no notice was required.
Sedley LJ contrasted the control powers in ss12 and 13, applying to any procession, notifiable or not, if the circumstances indicated a material threat of disorder or intimidation, with the purpose of s11 which was to permit the policing of processions, whether or not they posed such a threat.

Judges:

Sedley LJ, Gray J

Citations:

[2006] EWHC 1536 (Admin), Times 30-Jun-2006, [2006] Po LR 111, [2006] RTR 39, [2006] ACD 86

Links:

Bailii

Statutes:

Public Order Act 1986 811

Citing:

Cited – Flockhart v Robinson 1950
A challenge was made to the organising of a procession. Its route was determined by Mr Flockhart as he went along.
Held: For the purposes of section 3(4) of the 1936 Act, a procession ‘is a body of persons moving along a route’ and that, by . .

Cited by:

Appeal from – Commissioner of Police for the Metropolis v Kay CA 21-May-2007
The commissioner appealed against a judgment that a mass cycle ride held regularly but over different routes did not first require notice to be given.
Held: The commissioner’s appeal succeeded. The fact that the route changed meant that the . .
At First Instance – Kay v Commissioner of the Police of the Metropolis HL 26-Nov-2008
The claimant had been involved in a monthly cycle ride through central London which had continued for many years. The ride took place without any central organisation and without any route being pre-planned. They objected to being required to apply . .
Cited – Powlesland v Director of Public Prosecutions Admn 9-Dec-2013
The defendant apealed against his conviction for having taken part in a public procession, a a Critical Mass Cycle Ride, knowingly in breach of conditions attached to it by the Police. The defendant had argued that the ride was not a procession.
Lists of cited by and citing cases may be incomplete.

Police, Road Traffic

Updated: 07 July 2022; Ref: scu.242879

L, Regina (on the Application of) v Commissioner of Police of the Metropolis: Admn 19 Mar 2006

The court considered the duties on the respondent in providing an enhanced criminal record certificate. In one case, the claimant had brought up her son who was made subject to child protection procedures for neglect. Her job involved supervising children at lunch time at a school. In the second case, a school head teacher had been prosecuted but found not guilty of gross negligence manslaughter after an autistic child wandered from the playground and was killed by a lorry. The Fire department had forbidden the use of locked gates. In assessing this for disclosure the police misread the judge’s statemnent as to her alleged negligence.
Held: Evidence of the claimant’s alleged negligence was something which the police could properly disclose. For enhanced disclosure, consideration and disclosure was not restricted to purely criminal records.

Judges:

Munby J

Citations:

[2006] EWHC 482 (Admin)

Links:

Bailii

Statutes:

Police Act 1997 115, Rehabilitation of Offenders Act 1974 4(2), Children and Young Persons Act 1933 1(1)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB CA 18-Mar-1998
Public Identification of Pedophiles by Police
AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought . .
Cited – Regina v Local Authority and Police Authority in the Midlands ex parte LM 2000
The applicant owned a bus company whose contract with the local education authority for the provision of school bus services was terminated after the disclosure by the police and the social services department of a past investigation into an . .
Cited – Regina (X) v Chief Constable of West Midlands Police CA 30-Jul-2004
The claimant had been accused of offences, but the prosecution had been discontinued when the child victims had failed to identify him. The police had nevertheless notified potential employers and he had been unable to obtain work as a social . .
Cited – Sidabras and Dziautas v Lithuania ECHR 27-Jul-2004
Former KGB officers had been banned from employment in a range of public and private sector jobs, including as lawyers, notaries, bank employees and in the teaching profession. They complained of infringement of Article 8 taken alone and also in . .
Cited – Regina v Sheppard HL 1981
The section made it an offence for anyone having care of a child to wilfully neglect the child ‘in a manner likely to cause him unnecessary suffering or injury to health’.
Held: The section speaks of an act or omission that is ‘likely’ to . .
Cited – Regina v Norfolk County Council, ex parte M QBD 1989
The plaintiff worked as a plumber. His work took him to a private children’s home. An allegation of sexual abuse was made against him by a 13 year old child. She had made other claims against other men which had proved to be false. He was released . .
Cited – Regina v Harrow London Borough Council ex parte D 1990
The court discussed the legal status of the Child Protection Register. Butler-Sloss LJ: ‘The case conference has a duty to make an assessment as to abuse and the abuser, if sufficient information is available. Of its nature, the mechanism of the . .
Cited – Regina v Shulman, Regina v Prentice, Regina v Adomako; Regina v Holloway HL 1-Jul-1994
An anaesthetist failed to observe an operation properly, and did not notice that a tube had become disconnected from a ventilator. The patient suffered a cardiac arrest and died, and the defendant was convicted of manslaughter, being guilty of gross . .
Cited – Regina v Hampshire County Council ex parte H Admn 17-Nov-1997
. .

Cited by:

Appeal from – L, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another CA 1-Mar-2007
The court considered the proper content of an enhanced criminal record certificate. The claimant said that it should contain only matter relating to actual or potential criminal activity.
Held: As to the meaning of section 115: ‘if Parliament . .
At First Instance – L, Regina (On the Application of) v Commissioner of Police of the Metropolis SC 29-Oct-2009
Rebalancing of Enhanced Disclosure Requirements
The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private . .
Lists of cited by and citing cases may be incomplete.

Police, Information

Updated: 06 July 2022; Ref: scu.242287

Price v Dobson: Admn 29 Mar 2006

The chief constable appealed against an order finding him in contempt of court. A car had been impounded, being a cloned vehicle. The police had taken the issue to court for a decision as to its ownership. When the parties had agreed on ownership, the police had instead of returning the car to the owner assisted the garage owner to retain it to collect his storage fees.
Held: The police argued that the car had been held by them as agents for the true owner, and that storage charges were payable by that owner, and not by themselves as principals. There was clearly an argument as to the responsibility for payment of the fees, and the police had not acted in contempt. It was not open to the court in this hearing to decide the more fundamental issue between the parties.

Citations:

[2006] EWHC 1017 (Admin)

Links:

Bailii

Statutes:

Police (Property) Act 1897 1

Police, Contempt of Court

Updated: 06 July 2022; Ref: scu.242194

Singh v Commissioner of Police: PC 10 Jun 2019

(Trinidad and Tobago) Arrangements for promotion within the Police Service and, in particular, eligibility/entitlement to write the qualifying examination which forms part of the promotional assessment process for promotion to, and within, the First Division of the Police Service.

Judges:

Lady Hale, Lord Wilson, Lady Black, Lord Briggs, Lord Sales

Citations:

[2019] UKPC 26

Links:

Bailii

Jurisdiction:

England and Wales

Police

Updated: 06 July 2022; Ref: scu.638484

Jamaicans for Justice v Police Service Commission and Another: PC 25 Mar 2019

(From the Court of Appeal of Jamaica) ‘The issue in this case is what steps the Police Service Commission (PSC), which is charged with deciding upon the appointment and promotion of police officers, should take to inform itself about officers recommended for promotion who have been involved in fatal incidents before making its decisions. In particular, is there a duty to ensure that allegations of extra-judicial killings against such an officer are fully and independently investigated before accepting a recommendation that he be promoted?’

Judges:

Lady Hale, Lord Kerr, Lady Black, Lord Lloyd-Jones, Lord Briggs

Citations:

[2019] UKPC 12

Links:

Bailii

Jurisdiction:

England and Wales

Police

Updated: 06 July 2022; Ref: scu.638469

Austin and Another v The Commissioner of Police of the Metropolis: QBD 23 Mar 2005

The claimants had variously been attending a demonstration in London, or passing through. The police detained them in a cordon for several hours. They sought damages. No unlawful acts were alleged against them.
Held: There was no deprivation of liberty during the initial period when the cordon was not absolute and people were free to leave by the pavements if they wished to do so. But during the subsequent period no one was free to leave without permission. Once the full cordon was in place there was a deprivation of liberty within the meaning of article 5(1), but that the containment was capable of being justified under article 5(1)(c) as the police reasonably believed that all those present within the cordon, including the appellant, were demonstrators and were about to commit a breach of the peace. He rejected the appellant’s claim at common law for false imprisonment.

Judges:

Tugendhat J

Citations:

[2005] EWHC 480 (QB), [2005] HRLR 647, [2005] HRLR 20, [2005] UKHRR 1039, [2005] Po LR 68, [2005] UKHRR 1039

Links:

Bailii

Statutes:

European Convention on Human Rights 5(1)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Austin and Another v Commissioner of Police of the Metropolis CA 15-Oct-2007
The claimants appealed dismissal of their claims for false imprisonment and unlawful detention by the respondent in his policing of a demonstration. They had been held within a police cordon in the streets for several hours to prevent the spread of . .
At First Instance – Austin and Another v Commissioner of Police of the Metropolis HL 28-Jan-2009
Movement retsriction was not Liberty Deprivation
The claimants had been present during a demonstration policed by the respondent. They appealed against dismissal of their claims for false imprisonment having been prevented from leaving Oxford Circus for over seven hours. The claimants appealed . .
Cited – Jones and Others v The Commissioner of Police for The Metropolis Admn 6-Nov-2019
Distributed Demonstration not within 1986 Act
The claimants, seeking to demonstrate support for the extinction rebellion movement by demonstrating in London, now challenged an order made under the 1986 Act restricting their right to demonstrate.
Held: The XRAU was not a public assembly at . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other, Human Rights

Updated: 06 July 2022; Ref: scu.263171

‘Laurence’ v Commissioners of Police for the Metropolis: CA 13 Feb 2006

The claimant had been a police informer. He considered that he and his family had not been properly protected against the risks he incurred.

Judges:

Wad, Latham, Hooper LJJ

Citations:

[2006] EWCA Civ 425

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Carnduff v Inspector Rock and Chief Constable West Midlands Police CA 11-May-2001
The claimant was a police informer. Over several years he had given and been paid for information. He claimed that on one occasion he had given information which had led to the arrest of a major criminal, but the police denied that any information . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 06 July 2022; Ref: scu.241379

Chief Constable of Merseyside Police v Harrison: Admn 7 Apr 2006

The occupier of property appealed against a closure order. It was said that it had been used for the sale of drugs. The question was whether the civil standard of proof applied, as it was used in anti-social behaviour orders, when an application was made for a closure order. The appellant contended that the effect of a closure order was less serious than an order against an individual.
Held: The statute was silent as to the standard of proof. However Hansard revealed a statement by the appropriate minister stating that the intended standard was the civil one. The direct effect on an individual was less from a closure order and the civil standard was appropriate.

Judges:

Maurice Kay LJ, Tugendhat J

Citations:

Times 14-Apr-2006, [2006] EWHC 1106 (Admin), [2006] 3 WLR 171, [2006] ACD 67, (2006) 170 JP 523, [2007] QB 79

Links:

Bailii

Citing:

Cited – Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others HL 17-Oct-2002
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made.
Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards . .
Lists of cited by and citing cases may be incomplete.

Police, Criminal Evidence

Updated: 05 July 2022; Ref: scu.240394

South Yorkshire and North Wales Police v The Information Commissioner: IT 12 Oct 2005

Applicants challenged the decision of the police forces not to destroy on their request personal information held about them.

Citations:

[2005] UKIT DA – 05 – 0010

Links:

Bailii

Cited by:

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: . .
Lists of cited by and citing cases may be incomplete.

Information, Police

Updated: 05 July 2022; Ref: scu.240298

Merseyside Police v Hickman and Another: Admn 1 Mar 2006

Cash had been seized by the police under the 1984 Act. It was later seized also under the 2003 Act. The respondent said this was unlawful.
Held: The forfeited money could be seized again under the 2003 Act. The 2002 Act allowed appropriate assets to be siezed at any time.

Judges:

Mittng J

Citations:

[2006] EWHC 451 (Admin), Times 07-Apr-2006

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 19, Proceeds of Crime Act 2002 240

Citing:

Cited – Webb v Chief Constable of Merseyside Police CA 26-Nov-1999
The Police had confiscated money suspected to be the proceeds of drug trafficking, but no offence was proved. The magistrates had refused to return the money under the 1897 Act. The claimants now sought to reciver it under civil proceedings.
Lists of cited by and citing cases may be incomplete.

Police

Updated: 05 July 2022; Ref: scu.239263

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 arson to cars and premises. The police officer had been disciplined for failing to respond properly.
Held: ‘There is no conflict . . between the common law and human rights jurisprudence in this area.’ The family had established a sufficiently close connection between the deceased and the defendant. ‘Members of the public who are complainants or prosecution witnesses in a criminal investigation and who are required to give material evidence at trial are in a special situation, as the existence of the Defendant’s witness protection policy recognises. Quite apart from a judge’s general powers to issue a warrant for the arrest of a witness who fails to attend court pursuant to a witness order, to remand him or her in custody and to punish such a witness for contempt, Parliament has recognised the need for witnesses to be protected from defendants in criminal proceedings.’

Judges:

Cox J

Citations:

[2006] EWHC 360 (QB), Times 28-Mar-2006, [2006] 3 All ER 963, [2006] 1 FCR 755, [2006] Inquest LR 68, [2006] HRLR 25, [2006] Po LR 47

Links:

Bailii

Statutes:

Human Rights Act 1998 7(1), European Convention on Human Rights 2 8

Jurisdiction:

England and Wales

Citing:

Cited – Hill v Chief Constable of West Yorkshire HL 28-Apr-1987
No General ty of Care Owed by Police
The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members . .
Cited – McCann and Others v The United Kingdom ECHR 6-Oct-1995
Wrong assumptions made by police officers in the killing of terrorists amounted to a human rights breach, despite the existence of danger to the public of an imminent attack. Article 2(1) is ‘one of the most fundamental provisions in the . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Keenan v The United Kingdom ECHR 3-Apr-2001
A young prisoner was known to be at risk of suicide, but nevertheless was not provided with adequate specialist medical supervision. He was punished for an offence, by way of segregation which further put him at risk.
Held: Inhuman and . .
Cited – Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department CA 18-Jun-2003
The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection . .
Cited – Regina (A and others) (Widgery Soldiers) v Lord Saville of Newdigate and Others CA 19-Dec-2001
The court would apply common sense in deciding whether soldier witnesses should be obliged to attend in person at an enquiry in Londonderry, where they claimed their lives would be at risk. It was not appropriate to seek to define what would be . .
Cited – Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore HL 1971
Test for police protection need
The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2.
Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s . .
Cited – Brooks v Commissioner of Police for the Metropolis and others HL 21-Apr-2005
The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, . .
Cited – In re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
Cited – Rondel v Worsley HL 1967
Need for Advocate’s Immunity from Negligence
The appellant had obtained the services of the respondent barrister to defend him on a dock brief, and alleged that the respondent had been negligent in the conduct of his defence.
Held: The House considered the immunity from suit of . .
Cited – Regina v Secretary of State for the Home Department ex parte Anufrijeva HL 26-Jun-2003
The appellant challenged the withdrawal of her benefits payments. She had applied for asylum, and been granted reduced rate income support. A decision was made refusing her claim, but that decision was, by policy, not communicated to her for several . .
Cited – DF v Chief Constable of Norfolk Police Secretary of State for Home Department Admn 15-Aug-2002
A prisoner serving a life sentence challenged the decision of the Prison Service to refuse to admit him to a witness protection unit and contended that the Norfolk Police had failed in their duty to provide appropriate information to the Prison . .
Cited – Rondel v Worsley HL 1967
Need for Advocate’s Immunity from Negligence
The appellant had obtained the services of the respondent barrister to defend him on a dock brief, and alleged that the respondent had been negligent in the conduct of his defence.
Held: The House considered the immunity from suit of . .
Cited – Glaser v The United Kingdom ECHR 19-Sep-2000
‘The essential object of Article 8 is to protect individuals against arbitrary interference by public authorities. There may however be positive obligations inherent in an effective ‘respect’ for family life. These obligations may involve the . .
Cited – Swinney and Another v Chief Constable of Northumbria CA 22-Mar-1996
The plaintiff, a woman and her husband, had passed on information in confidence to the police about the identity of a person implicated in the killing of a police officer, expressing her concern that she did not want the source of the information to . .
Cited – Greenfield, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the . .
Cited – E and Others v The United Kingdom ECHR 26-Nov-2002
The four applicants had been abused by their stepfather, and sought investigation of the local authority for failing to protect them. They had been compensated by the Criminal Injuries Compensation Authority in part, but now sought a remedy from the . .
mentioned – Akkoc v Turkey ECHR 10-Oct-2000
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel); No violation of Art. 10; Violation of Art. 2 due to failure to protect life; Violation of Art. 2 due to inadequacy of . .
Cited – Edwards v The United Kingdom ECHR 14-Mar-2002
The deceased, a young man of mixed race, had been placed in a cell with another prisoner who was known to be violent, racist, and mentally unstable. The staff knew that the panic button was defective. The deceased was murdered by his cell-mate. His . .
Cited – Semse Onen v Turkey ECHR 14-May-2002
Hudoc Judgment (Merits and just satisfaction) Preliminary objection joined to merits and rejected (non-exhaustion); No violation of Art. 2 in respect of killing of applicant . .

Cited by:

Cited – Van Colle and Another v Chief Constable of the Hertfordshire Police CA 24-Apr-2007
The deceased had acted as a witness in an intended prosecution. He had sought protection after being threatened. No effective protection was provided, and he was murdered. The chief constable appealed a finding of liability.
Held: The . .
Appeal from – 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 . .
At First Instance – 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 (T/A GVC Optometrists) v Revenue and Customs VDT 31-Aug-2007
VDT VAT – three-year ‘cap’ – late claims due partly to tragic family circumstances – whether any basis for time limit to be disapplied – no
VAT – interest – whether due on repayments – extent of trader’s . .
See Also – Van Colle and Van Colle v The United Kingdom ECHR 9-Feb-2010
Statement of Facts . .
See Also – Van Colle v The United Kingdom ECHR 13-Nov-2012
. .
Lists of cited by and citing cases may be incomplete.

Police, Negligence, Human Rights

Updated: 05 July 2022; Ref: scu.239196

Buckley v Gross: 1863

The court had to decide the ownership of of tallow which had been kept at warehouses. In a fire; it melted and flowed down the sewers into the river where part of it was collected by a man with no right to it; and he sold it to the claimant. The police stopped the claimant and took him before a magistrate. The magistrate discharged the claimant. Under the section the magistrate had power, where the real owner was known, to make an order for the detention and subsequent delivery of goods ‘charged to be stolen or fraudulently obtained’ to the rightful owner, and where the owner was unknown to order delivery to the receiver of the Metropolitan Police Force who was authorised, in the absence of a claim made by the real owner within 12 months, to sell them. Pursuant to these statutory provisions the magistrate made an order for the detention of the goods. The tallow became a nuisance and the police sold the tallow to the defendant before the 12 month period expired. The claimant then sued the defendant to recover it. The court directed a verdict for the defendant with leave to the claimant to move to enter judgment if the Court of Queen’s Bench should be of the opinion that he could maintain his action. The court held that he could not. Cockburn CJ said: ‘Under these circumstances it appears to me plain that, by virtue of the authority vested in him by the statute, an order was made by the justice, within the scope of his authority and jurisdiction, with respect to dealing with this tallow, and whether the police were or were not warranted in selling it within twelve months is immaterial. The plaintiff, who had nothing but bare naked possession (which would have been sufficient against a wrong doer) had it taken out of him by virtue of this enactment. As against the plaintiff, therefore, the defendant derives title, not from a wrong doer, but from a person selling under authority of the justice, whether rightly or not is of no consequence. I wholly disagree with the doctrine of the plaintiff’s counsel, that if the policeman did anything ultra vires, that would revest the possession of this tallow in the plaintiff. He had no title beyond what mere possession gave, and, so soon as the goods were taken from him by force of law, there was a break in the chain of that possession.’ Crompton J said: ‘This action must be founded on possession; here the possession was divested out of the plaintiff, and he cannot revert to a right of property to re-establish it. I agree with my Lord Chief Justice that, where possession is lawfully divested out of a man, and the property is ultimately converted by a person who does not claim through an original wrong doer, the party whose possession was so divested had no property at the time of the conversion. Here, in my mind, the plaintiff’s possession was gone. The goods were properly taken from him ….’ Blackburn J: ‘I do not wish to question the doctrine laid down in several cases, that possession of personal property is sufficient title against a wrong doer; nor that it is no answer to the plaintiff in such a case to say that there is a third person who could lawfully take the chattel from him; and I do not know that it makes any difference whether the goods had been feloniously taken or not. But, assuming that to be the law, the plaintiff has not brought himself within it. … I draw the inference of fact that the justice was satisfied that this tallow had come from the warehouses, and I hold that, as matter of law, the police were bound to keep it for the true owner, because they had ascertained that there was a true owner, and who he was. Their possession was the possession of the true owner and not of the wrong doer, whose possession was terminated by their taking possession. It is therefore not necessary to consider whether the sale of the tallow to the defendants by the police was right or wrong. If wrong, the true owner may complain against them; if not, no one else can, but at all events, not the plaintiff, who was himself a wrong doer.’

Judges:

Blackburn J, Cockburn CJ, Crompton J

Citations:

(1863) 3B and S 556

Statutes:

Metropolitan Police Act 1839 29

Jurisdiction:

England and Wales

Cited by:

Cited – Field v Sullivan 1923
(Supreme Court of Victoria) The claimant claimed return of goods seized by the police believing them to be stolen. The theft was not established and the claimant as the party in possession at the time of the seizure was held entitled to their . .
Cited – Costello v Chief Constable of Derbyshire Constabulary CA 22-Mar-2001
The police seized a car from Mr Costello, believing that it was stolen. The seizure was lawful at the time, by virtue of section 19 of PACE. The police never brought any criminal proceedings against Mr Costello, but they refused to return the car to . .
Cited – Irving v National Provincial Bank CA 1962
Goods were seized by the police from the claimant. Neither the claimant nor the defendant could establish that they were the true owners. Under section 1 the first court directed the goods to be delivered to the defendant as the person who appeared . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 04 July 2022; Ref: scu.194102

Solomon v Metropolitan Police Commissioner: 1982

Public policy and the doctrine of ‘ex turpi culpa non oritur actio’ preclude a thief from recovery of items from the police.

Citations:

[1982] Crim LR 606

Jurisdiction:

England and Wales

Cited by:

Cited – Costello v Chief Constable of Derbyshire Constabulary CA 22-Mar-2001
The police seized a car from Mr Costello, believing that it was stolen. The seizure was lawful at the time, by virtue of section 19 of PACE. The police never brought any criminal proceedings against Mr Costello, but they refused to return the car to . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 04 July 2022; Ref: scu.194101

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. Counsel for the police had sought to rely upon assertions made as to X’s behaviour. The judge refused a public interest immunity certificate.
Held: The general rule is against disclosure of informant’s identities even in civil cases, but there are exceptions, including the need to avoid a miscarriage of justice. In this case there was such a risk, and the judge’s order stood. The judge need not restrict himself to the list of exceptions in the NSPCC case.

Judges:

Lord Justice Auld, Lord Justice Robert Walker, And, Sir Christopher Slade

Citations:

Times 06-Mar-2002, [2001] EWCA Civ 14, [2002] Crim LR 832

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 – Savage v Hoddinot (Chief Constable of Hampshire) CA 6-Feb-1997
A police informer may abandon anonymity to sue police for promised fees. . .
Cited – D v National Society for the Prevention of Cruelty to Children HL 2-Feb-1977
Immunity from disclosure of their identity should be given to those who gave information about neglect or ill treatment of children to a local authority or the NSPCC similar to that which the law allowed to police informers.
Lord Simon of . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 04 July 2022; Ref: scu.167466

Da Silva and Others, Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 7 Nov 2018

Application by the Claimants for permission to challenge the decision of the Secretary of State not to appoint additional panel members to the Undercover Policing Inquiry chaired by Sir John Mitting.

Citations:

[2018] EWHC 3001 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Police, Administrative

Updated: 04 July 2022; Ref: scu.630552

PF Sugrue Ltd v The Attorney General: PC 14 Nov 2005

PC (New Zealand) The claimant’s helicopter had been seized by the police having been identified as having been used in the course of unlawful hunting of deer. The grounds for the seizure were said to be inadequate. It was disputed whether the purpose of the seizure was for forensic investigation.
Held: The Appeal court had been able to reach the decision it had done on the evidence, and had not strayed outside the limits of its powers in making the order it had. There were no grounds for reversing the finding.

Judges:

Lord Nicholls of Birkenhead, Lord Steyn, Lord Hope of Craighead, Lord Carswell, Sir Anthony Evans

Citations:

[2005] UKPC 44

Links:

Bailii, PC

Citing:

Cited – Benmax v Austin Motor Co Ltd HL 1955
Except for cases which are expressly limited to questions of law, an appellant is entitled to appeal from the Court of Session to the House against any finding, whether it be a finding of law, a finding of fact or a finding involving both law and . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Crime, Police

Updated: 04 July 2022; Ref: scu.235360

Langley and others v Liverpool City Council and others: CA 11 Oct 2005

Families had challenged the removal of their children into the care of foster parents by the respondents. The family father, who was blind, had taken to driving. The respondents appealed findings that they had acted unlawfully and in breach of the human rights of the families. There had been an Emergency protection Order, but the children had been removed by th epolice officer without a warrant under section 48(9).
Held: There was nothing in the Act to require a warrant. The argument on surplusage (that section 48(9) would otherwise serve no purpose) failed because the section was intended to address a particular need to have authorised entry to premises.
The police officer had however acted outside his powers in purporting to execute the Emergency Protection order. It was not for him to do so. The appeal by the local authority succeeded, but not that of the police constable, though no personal blame attached to the officer.
Dyson LJ explained the differences between the powers under sections 44 and 46: ‘In my judgment, the statutory scheme clearly accords primacy to section 44. Removal under section 44 is sanctioned by the court and it involves a more elaborate, sophisticated and complete process than removal under section 46. The primacy accorded to section 44 is further reinforced by section 46(7) and 47(3)(c). The significance of these provisions is that they show that it was contemplated by Parliament that an EPO may well not be in force when a removal is effected under section 46, and that removal under section 46 is but the first step in a process which may later include an application for an EPO . . I would therefore, hold that (i) removal of children should usually be effected pursuant to an EPO, and (ii) section 46 should be invoked only where it is not practicable to execute an EPO. In deciding whether it is practicable to execute an EPO, the police must always have regards to the paramount need to protect children from significant harm.’

Judges:

Thorpe, Dyson, Lloyd LJJ

Citations:

[2005] EWCA Civ 1173, Times 19-Oct-2005, [2006] 1 FLR 342, [2006] 1 WLR 375

Links:

Bailii

Statutes:

Children Act 1989 44 46 48(9)

Jurisdiction:

England and Wales

Citing:

Cited – Padfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
Cited – Wainwright and another v Home Office HL 16-Oct-2003
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched . .
Cited – Regina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
Cited – Regina v British Broadcasting Corporation ex parte Pro-life Alliance HL 15-May-2003
The Alliance was a political party seeking to air its party election broadcast. The appellant broadcasters declined to broadcast the film on the grounds that it was offensive, being a graphical discussion of the processes of abortion.
Held: . .
Cited – Venema v The Netherlands ECHR 17-Dec-2002
A young child aged 11 months was separated from her mother because of fears that the mother was suffering from Munchausen syndrome by proxy and would injure her. The child was returned five months later, following medical reports which found that . .
Cited – X Council v B (Emergency Protection Orders) FD 16-Aug-2004
Munby J reviewed the grant of Emergency Protection Orders, and summarised the applicable law: ‘The matters I have just been considering are so important that it may be convenient if I here summarise the most important points:
(i) An EPO, . .

Cited by:

Cited – A v East Sussex County Council and Chief Constable of Sussex Police CA 2-Jul-2010
A appealed against the dismissal of her claim for damages under the 1998 Act after the defendants had taken action anticipating possible abuse of her baby child. The baby had been returned after the suspicions were allayed. She complained that the . .
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Cited – Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department SC 25-May-2011
False Imprisonment Damages / Immigration Detention
The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a . .
Lists of cited by and citing cases may be incomplete.

Children, Police, Human Rights

Updated: 04 July 2022; Ref: scu.231044

Regina v Abdroikov and Others: CACD 28 Jul 2005

The defendants appealed against their convictions, saying that the presence of police officers on the jury suggested bias.
Held: The court rejected the suggestion that police officers should, because of their occupation, be automatically regarded as being disqualified from serving on a jury. A fair-minded and informed observer would not conclude that there was a real possibility that a juror was biased merely because his occupation was one which meant that he was involved in some capacity or other in the administration of justice. ‘The position is, however, different if the juror has a special knowledge either of individuals involved in the case or as to the facts of the case part from that provided by the evidence.’

Judges:

Lord Woolf LCJ, Richards, Henriques JJ

Citations:

[2005] EWCA Crim 1986, [2005] 1 WLR 3538, [2006] Crim LR 245, [2006] 1 Cr App R 1, [2005] 4 All ER 869

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Pintori, Regina v CACD 13-Jul-2007
The defendant appealed his conviction for possession of class A drugs, saying that the drugs found had belonged to somebody who had stayed at his flat whilst he had been away. One of the jurors later told a police officer that she had known through . .
Cited – Regina v Abdroikof, Regina v Green; Regina v Williamson HL 17-Oct-2007
The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only . .
Appeal from – Regina v Abdroikof, Regina v Green; Regina v Williamson HL 17-Oct-2007
The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Police

Updated: 03 July 2022; Ref: scu.229381

Hutchinson v Metropolitan Police Commissioner and Another: QBD 27 Jul 2005

The claimant sought damages for assault by a probationary constable. The constable had been called to a drunken party for Sainsbury’s employees.
Held: The claimant had been assaulted. Miss Morgan had introduced herself as a police officer, had threatened the claimant with arrest and had then attempted to carry out the threat or to use excessive force. She was acting in the course of her duties even though off duty. The Commissioner asked the judge to revise his draft judgment challenging the finding that the first defendant had been acting in the course of her police duties. However: ‘the right to indemnity arises because Miss Morgan has incurred costs as a result of carrying out the functions assigned to her by the Commissioner’.

Citations:

[2005] EWHC 1660 (QB)

Links:

Bailii

Statutes:

Police Act 1996 88(1), Police Reform Act 2002 102

Jurisdiction:

England and Wales

Citing:

Cited – Robinson v Fernsby, Scott-Kilvert CA 19-Dec-2003
The judge had drafted his judgment and sent the drafts to the parties for comment. He then received additional written representations from one party, from which he realised that he had made an error, and issued a corrected judgment which a . .
Distinguished – Makanjuola v Commissioner of Police for the Metropolis 1990
A plain clothed off duty police officer gained entry to premises by production of his warrant card. He enquired as to the immigration status of the two residents. He told them they were in breach of the immigration regulations, and demanded sexual . .
Cited – Gravgaard v Aldridge and Brownlee (A Firm) CA 9-Dec-2004
After the court had sent its draft judgment to the parties, counsel on each side had written to the court making fresh submissions.
Held: Contentious matters should only be allowed to be re-opened in very limited circumstances once a draft . .
Cited – Lister and Others v Hesley Hall Ltd HL 3-May-2001
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers.
Held: ‘Vicarious liability is legal . .
Cited – Weir v Chief Constable of Merseyside Police CA 29-Jan-2003
An off duty police officer had borrowed a marked police van without permission to help his girlfriend move house. The claimant appeared to be rummaging through his girlfriend’s belongings. The claimant refused to obey officer who was employed by the . .
Cited – Bernard v The Attorney General of Jamaica PC 7-Oct-2004
PC (Jamaica) The claimant had been queuing for some time to make an overseas phone call at the Post Office. Eventually his turn came, he picked up the phone and dialled. Suddenly a man intervened, announced . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Vicarious Liability, Police

Updated: 03 July 2022; Ref: scu.229283

The Queen v D’Eyncourt: 1888

andpound;108 was seized by police as money obtained by false pretences, but the charges were confined to andpound;8 alone. The question arose whether the magistrate had jurisdiction under the 1839 Act to direct the delivery of goods which were seized by the police but were not the subject of any charge to the person (a Mary Ryan) from whom they were seized. The magistrate had directed that the balance of andpound;100 be delivered up to her.
Held: The court quashed the decision. The Act conferred no jurisdiction to make any order save in respect of goods the subject of a charge.
Wills J said: ‘As to andpound;8 odd, the defendant appears to have admitted that the sums of which it consisted were property to be returned to the [identified] persons from whom she concedes that she had received them. As to the rest of the sum [of andpound;100 odd] now in the hands of the police authorities, it seems clear, upon the facts stated to us, that it ought to be given to Mary Ryan: and it is clear that the possession she once had would give her the right to recover the money from anyone who could not show a better title. This would be so, even if the money had been obtained by false pretences from persons who with knowledge of the facts advisedly abstained from making any claim or if nothing could be shown as to whom was really entitled. The possessory right may perhaps go further. It is not necessary to express any opinion upon this point. We have no reason to suppose that the police authorities will not do what is right in the matter.’

Judges:

Wills J

Citations:

(1888) 21 QBD 109

Statutes:

Metropolitan Police Act 1839 29

Jurisdiction:

England and Wales

Cited by:

Cited – Field v Sullivan 1923
(Supreme Court of Victoria) The claimant claimed return of goods seized by the police believing them to be stolen. The theft was not established and the claimant as the party in possession at the time of the seizure was held entitled to their . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other, Magistrates

Updated: 03 July 2022; Ref: scu.194105

Chief Constable of West Midlands Police v White: CA 13 Mar 1992

After conviction for licensing offences, the police seized a sum of money from the respondent which they alleged was the proceeds of unlicensed sales. The magistrates made no order on conviction, so the police brought the issue under the Act. The magistrate found that the money was the proceeds of illegal trading, but nevertheless held that Mr White was the owner of it. The police appealed.
Held: The appeal was dismissed. Although the contracts for sale of unlicensed liquor were void and unenforceable, Mr White did become the owner of the money; it was impossible to identify any other persons as being the true owners of it; and the magistrate was not constrained on public policy grounds from making an order under the Act in favour of Mr White.

Judges:

Tudor Evans J, Beldam LJ

Citations:

Unreported, 13 March 1992

Statutes:

Police (Property) Act 1897 1

Jurisdiction:

England and Wales

Cited by:

Cited – Gough and Another v The Chief Constable of the West Midlands Police CA 2-Mar-2004
The claimants sought return of vehicle parts from the police. The police replied that the goods had been tampered with in such a way as to suggest they may have been stolen, and that they were therefore kept, even after the finish of the court . .
Cited – Jackson v Chief Constable of West Midlands Police QBD 22-Oct-1993
Mr Jackson was convicted of a drugs offence. On arrest, the police had seized money in his possession. No order as to the money was made at the trial. Mr Jackson applied under the Act. The magistrate accepted that Mr Jackson was the owner of the . .
Cited – Merseyside Police v Owens Admn 31-May-2012
The police had refused to returns items seized from Mr Owens on the basis that to do so would indirectly encourage and assist him in suspected criminal activity. CCTV footage had been removed from him to attempt identify an arsonist of a house.The . .
Lists of cited by and citing cases may be incomplete.

Police, Magistrates

Updated: 03 July 2022; Ref: scu.194108

Chief Constable of Cleveland Police v Mark Anthony McGrogan: CA 12 Feb 2002

The Chief Constable appealed a finding of false imprisonment of the claimant. He had once been properly arrested, but before he was freed, it was decided that he should be held for court and an information laid alleging breach of the peace. They purported to exercise the common law power to detain a person where it is believed that, having committed a breach of the peace, it was reasonably believed that a renewal was threatened. His detention was reviewed, but having been arrested early in the weekend, by Sunday, he might have been released.
Held: A breach of the peace is not a criminal offence and the 1984 Act did not apply to detentions for a breach of the peace. Police constables have no special power of arrest for breach of the peace

Judges:

Lord Justice Mantell, And, Mr Justice Wall

Citations:

Gazette 21-Mar-2002, [2002] EWCA Civ 86

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v County Quarter Sessions Appeals Committee ex parte Metropolitan Police Commissioner 1948
A breach of the peace does not constitute a criminal offence. . .
Cited – Regina v Howell (Errol) CACD 1981
The court considered the meaning of the legal concept of a breach of the peace.
Held: The essence is to be found in violence or threatened violence. ‘We entertain no doubt that a constable has a power of arrest where there is reasonable . .
Cited – Albert v Lavin HL 3-Dec-1981
An off duty and out of uniform police officer attempted to restrain the defendant jumping ahead of a bus queue. The defendant struggled, and continued to do so even after being told that of the officer’s status. He said he had not believed that he . .
Cited – Foulkes v Chief Constable of Merseyside Police CA 9-Jun-1998
A man was locked out of the matrimonial home which he owned jointly with his wife, following a family dispute. The police told him, as was the fact, that his wife and children did not want him to re-enter the house and the police suggested that he . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 03 July 2022; Ref: scu.167615

Commissioner of Police of The Metropolis v DSD and Another: SC 21 Feb 2018

Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints.
Held: The Commissioner’s appeal failed: To provide an effective deterrent, laws which prohibit conduct constituting a breach of article 3 must be rigorously enforced and complaints of such conduct must be properly investigated. Deficiencies in investigations do not have to be part of a flawed approach of the system generally for a breach of article 3 to arise. However, errors must be serious to be such a breach. The ECtHR case law demonstrates a clear and constant line of authority to the effect that the state has a duty to conduct an effective investigation into crimes involving serious violence to the individual. It has consistently been held that the positive obligation to investigate effectively is not solely confined to cases of ill-treatment by state agents
Lord Nueberger (Hale L agreeing) dissented in part on the issue of whether a person in the claimants’ position needs to establish that the serious defects in the investigation in question were attributable to failures of a structural nature (also referred to as systems, or systemic, failures), and not to purely operational failures (ie failings on the part of the individual police officers responsible for conducting the specific investigation). The judgments in the ECHR supported the wider approach.
Lord Kerr said: ‘the jurisprudence of the Strasbourg court is clear and constant on the issues which this court has to decide. Even if it were not, however, I would firmly reject the suggestion that the decision of this court on whether the respondents enjoy a right under the HRA to claim compensation against the appellant should be influenced, much less inhibited, by any perceived absence of authoritative guidance from ECtHR.’

Judges:

Lord Neuberger, Lady Hale, Lord Mance, Lord Kerr, Lord Hughes

Citations:

[2018] UKSC 11, UKSC 2015/0166, [2018] HRLR 11, [2018] 3 All ER 369, [2018] 1 Cr App R 31, [2018] 2 WLR 895

Links:

Bailii, Bailii Summary, SC, SC Summary

Statutes:

Human Rights Act 1998 and 8, European Convention on Human Rights 3

Jurisdiction:

England and Wales

Citing:

At First Instance (Liability) – DSD and Another v The Commissioner of Police for The Metropolis QBD 28-Feb-2014
The claimants sought damages alleging negligent failure by the police to investigate and find a serial rapist.
Held: The claim succeeded. The claimants were entitled to damages from the defendant, the Commissioner of the Police of the . .
At First Instance – DSD and Another v The Commissioner of Police for The Metropolis QBD 23-Jul-2014
The court had found the defendant liable for a breach of the claimants’ human rights in that its negligent investigations had led to further rapes and sexual assaults by an offender. The court now considered what damages might be payable. . .
Appeal from – The Commissioner of Police of The Metropolis v DSD and NBV and Others CA 30-Jun-2015
The claimants alleged that they had been victims of rapes after the defendant police force had negligently failed to properly investigate a series of similar crimes. They said that the failures had infringed their article 3 rights. The Commissioner . .
Cited – Assenov and Others v Bulgaria ECHR 28-Oct-1998
An allegation of violence by a police officer did require a thorough, impartial and careful investigation by a suitable and independent state authority: ‘The court considers that in these circumstances, where an individual raises an arguable claim . .
Cited – MC v Bulgaria ECHR 4-Dec-2003
The applicant complained that she had been raped by two men when she was 14 years old. The men were interviewed but it was concluded that they had not used threats or violence and there was no evidence of resistance. The district prosecutor issued a . .
Cited – Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
Cited – Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police HL 30-Jul-2008
Police Obligations to Witnesses is Limited
A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2.
Held: The House was asked ‘If the police are alerted . .
Cited – Yasa v Turkey ECHR 2-Sep-1998
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); No violation of Art. 2; Violation of Art. 2 (effective investigation); . .
Cited – Calvelli and Ciglio v Italy ECHR 17-Jan-2002
The applicants’ baby had died shortly after birth in 1987. They complained about the medical care. The complaint was not investigated speedily by the authority, resulting in a criminal complaint becoming time barred after a conviction in 1994 was . .
Cited – Menson v United Kingdom ECHR 6-May-2003
There had been a racist attack. The victim was set on fire and killed in the street by assailants. His relatives sought compensation. However the assailants were not agents of the state and they were duly prosecuted, convicted and sentenced. No . .
Cited – Szula v United Kingdom ECHR 4-Jan-2007
A complaint was brought of sexual and physical abuse whilst a minor during the time that he was in a residential approved school.
Held: The applicant’s claim was inadmissible. It was concluded that there was ‘no indication that the authorities . .
Cited – Beganovic v Croatia ECHR 25-Jun-2009
The applicant had been assaulted by three individuals and coplained of the ineffectiveness of the police investigation.
Held: Though the court acknowledged that no direct responsibility can attach to a member state under ECHR for the acts of . .
Cited – Denis Vasilyev v Russia ECHR 17-Dec-2009
The applicant and his friend were seriously assaulted and robbed. Although police officers attended the scene, no investigation into the circumstances of the assault were conducted. The police officers claimed to have considered that the applicant . .
Cited – Milanovic v Serbia ECHR 14-Dec-2010
. .
Cited – CAS and CS v Romania ECHR 20-Mar-2012
The applicants raise several complaints related to the repeated rape and other ill-treatment suffered by the first applicant. In particular, the first applicant alleged that the criminal investigations into those facts had been ineffective, and that . .
Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
Cited – O’Keeffe v Ireland ECHR 28-Jan-2014
ECHR Article 3
Positive obligations
Failure by State to put appropriate mechanisms in place to protect National School pupil from sexual abuse by teacher: violation
Facts – The applicant alleged . .
Cited – BV v Ireland ECHR 2-May-2017
The court stated that the obligation to carry out an effective investigation ‘cannot be limited to cases of ill-treatment by agents of the state’.
ECHR Judgment : Violation of Article 3 – Prohibition of . .
Cited – Greenfield, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the . .
Cited – Gafgen v Germany ECHR 1-Jun-2010
(Grand Chamber) The claimant said that police treatment during his interview had amounted to torture.
Held: The Salduz principles were not restricted to the failure to provide access to a lawyer during interview. There is no clear consensus . .
Cited – El-Masri v The Former Yugoslav Republic of Macedonia ECHR 13-Dec-2012
(Grand Chamber) The applicant, a German national of Lebanese origin, alleged that he had been subjected to a secret rendition operation, namely that agents of the respondent State had arrested him, held him incommunicado, questioned and ill-treated . .
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Cited – Ambrose v Harris, Procurator Fiscal, Oban, etc SC 6-Oct-2011
(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what . .
Cited – Rabone and Another v Pennine Care NHS Foundation SC 8-Feb-2012
The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed . .
Cited – Moohan and Another v The Lord Advocate SC 17-Dec-2014
The petitioners, convicted serving prisoners, had sought judicial review of the refusal to allow them to vote in the Scottish Referendum on Independence. The request had been refused in the Outer and Inner Houses.
Held: (Kerr, Wilson JJSC . .
Cited – Regina v O’Brien SC 2-Apr-2014
The court considered how to apply the rule that an extradition may only be for trial on matters committed before the extradition if they have been the basis of the request to a defendant’s commission of contempt of court after conviction. After . .
Cited – Hill v Chief Constable of West Yorkshire HL 28-Apr-1987
No General ty of Care Owed by Police
The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Brooks v Commissioner of Police for the Metropolis and others HL 21-Apr-2005
The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, . .
Cited – Chernaya v Ukraine ECHR 15-Dec-2016
Merits and Just Satisfaction – The court considered involved an injury inflicted by a non-state agent.
Held: The court reiterated that ‘[t]he minimum standards of effectiveness laid down by the Court’s case law include the requirements that . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights, Negligence

Updated: 01 July 2022; Ref: scu.605316

Commissioner of Police for the Metropolis v Hurst: CA 21 Jul 2005

The Commissioner appealed an order requiring the North London Coroner to re-open an inquest into a death of Mr Hurst. Following the adjournment a neighbour had been convicted of the murder. The commissioner argued that since the death had occurred before the coming into effect of the Human Rights Act, the coroner was not under the same duty to hold an inquest.
Held: The duty to apply a convention applied before its incorporation into English law under the 1998 Act, and particularly so where there was a discretion being exercised. Had the coroner taken those obligations into account, he would have ordered an inquest. McKerr had considered only obligations as created by the 1998 Act, not those which had existed before it. The coroner was to be required to re-open the inquest.

Judges:

Buxton, Sedley LJJ, Sir Martin Nourse

Citations:

[2005] EWCA Civ 890, Times 11-Aug-2005

Links:

Bailii

Statutes:

Coroners Act 1988 16(1), Human Rights Act 1998

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Lyons, Parnes, Ronson, Saunders HL 15-Nov-2002
The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights.
Cited – In re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
Lists of cited by and citing cases may be incomplete.

Police, Coroners, Human Rights

Updated: 01 July 2022; Ref: scu.228941

Bell v The Chief Constable of Greater Manchester Police: CA 19 Jul 2005

The claimant had sued over the way he was treated by the respondent in a fraud investigation. The court had dismissed his claims for wrongful arrest and false imprisonment. A prosecution had been commenced but dropped. The judge had held the arrest to be lawful. He sought leave to appeal.
Held: The warrant had not been challenged, and the officers continued to have the protection of the 1750 Act. The officers had not acted to an excess save in the number of documents removed. Leave refused.

Judges:

Sir Mark Potter

Citations:

[2005] EWCA Civ 902

Links:

Bailii

Statutes:

Constable’s Protection Act 1750

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Chesterfield Justices and Others, Ex Parte Bramley QBD 10-Nov-1999
When police officers executed a search warrant, it was not proper to remove articles at large, in order later to sift through them, and then to return material not covered by the warrant. There is no absolute prohibition against removing articles . .
Cited – Price v Messenger 1800
Excessive unauthorised or unreasonable behaviour by a police constable loses him the protection of section 6 of the Act of 1750. . .

Cited by:

Cited – Copsey v WWB Devon Clays Ltd CA 25-Jul-2005
The claimant said that his employer had failed to respect his right to express his beliefs by obliging him, though a Christian, to work on Sundays.
Held: The appeal failed. ‘The Commission’s position on Article 9, as I understand it, is that, . .
Cited – Fitzpatrick and Others v The Commissioner of Police of The Metropolis QBD 11-Jan-2012
The claimants, two solicitors and their employer firm sought damages alleging trespass and malicious procurement by police officers in obtaining and executing search warrants against the firm in 2007 when they were investigating suspected offences . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police

Updated: 01 July 2022; Ref: scu.228918

S v Switzerland: ECHR 28 Nov 1991

ECHR Judgment (Merits and just satisfaction) – Violation of Art. 6-3-c; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings.
A number of the applicant’s meetings with his lawyer were supervised by a police official, and his letters to his lawyer were intercepted and used for graphological reports.
Held: ‘an accused’s right to communicate with his advocate out of the hearing of a third person is part of the basic requirements of a fair trial in a democratic society and follows from Article 6(3)(c) of the Convention. If a lawyer were unable to confer with his client and receive confidential instructions from him without such surveillance, his assistance would lose much of its usefulness, whereas the Convention is intended to guarantee rights that are practical and effective (see inter alia the Artico judgment of 13 May 1980, series A no.37, p.16, para.33).’

Citations:

12629/87;13965/88, [1991] ECHR 54

Links:

Bailii

Cited by:

Cited – Brennan v The United Kingdom ECHR 16-Oct-2001
The applicant had complained that, after his arrest he had been refused adequate access to a lawyer. He had not been allowed to see his solicitor for two days, and only then in the presence of a police officer. No inferences had been drawn from his . .
Cited – Brown, Regina v CACD 29-Jul-2015
The claimant, a patient hld at Rampton Hospital faced charges of attempted murder of two nurses. His lwayers had asked for the right to see their client in private, but eth Hospital objected, insisting on the presence of two nurses at all times. . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Legal Professions, Police

Updated: 01 July 2022; Ref: scu.227232

Criminal proceedings against Pupino: ECJ 16 Jun 2005

ECJ (Grand Chamber) Police and judicial cooperation in criminal matters – Articles 34 EU and 35 EU – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Protection of vulnerable persons – Hearing of minors as witnesses – Effects of a framework decision.
‘When applying the national law, the national court that is called on to interpret it must do so as far as possible in the light of the wording and purpose of the framework decision in order to attain the result which it pursues and thus comply with article 34.2(b) EU.’

Citations:

C-105/03, [2005] EUECJ C-105/03, Times 14-Jul-2005, [2006] QB 83

Links:

Bailii

Statutes:

Framework Decision 2001/220/JHA

Jurisdiction:

Human Rights

Cited by:

Cited – Dabas v High Court of Justice, Madrid HL 28-Feb-2007
The defendant sought to appeal his extradition to Spain to face terrorism charges. He complained that the certificate required under the 2003 Act could not be the European arrest warrant itself, that the offence did not satisfy the double . .
Cited – Pilecki v Circuit Court of Legnica, Poland HL 6-Feb-2008
The defendant appealed against an extradition order made under a European Arrest Warrant to ensure that he served a sentence of imprisonment in Poland. The warrant was in respect of several sentences, some of which were for more and some for less . .
Cited – Caldarelli v Court of Naples HL 30-Jul-2008
The appellant challenged his extradition saying that the European Arrest Warrant under which he was held wrongly said that he was convicted, whilst he said he was wanted for trial. He had been tried in his absence, and the judgment and sentence were . .
Cited – Louca v A German Judicial Authority SC 19-Nov-2009
The defendant resisted extradition saying that the European Arrest Warrant was defective in not revealing the existence of two earlier such warrants. He said that absence of such information would hinder a court which was concerned as to possible . .
Cited – Regina v Magro CACD 8-Jul-2010
Each defendant appealed against confiscation orders made when the sentence imposed was an absolute or conditional discharge. They said that Clarke made such orders unlawful.
Held: The decision in Clarke was a difficult limitation on the . .
Cited – Assange v The Swedish Prosecution Authority SC 30-May-2012
The defendant sought to resist his extradition under a European Arrest Warrant to Sweden to face charges of sexual assaults. He said that the prosecutor who sought the extradition was not a judicial authority within the Framework Decision.
Cited – French v Public Prosecutor of The Central Department of Investigation and Prosecution In Lisbon Portugal PC 13-Jun-2013
(Gibraltar) Mr French appealed against refusal of his request to have set aside an order for his extradition under a European Arrest Warrant. He argued that (in general) the court had failed to deal with the matter within the mandatory time limits. . .
Cited – Goluchowski and SAS v District Court and Circuit Court In Poland SC 29-Jun-2016
The appellants challenged the effectiveness of European Arrest Warrants, saying that the requests were deficient in not providing adequate details of warrants issued in support of the decisions. They had been convicted and sentenced to terms of . .
Lists of cited by and citing cases may be incomplete.

European, Police, Extradition

Updated: 01 July 2022; Ref: scu.226968

Saunders and Tucker, Regina (on the Application of) v The Association of Chief Police Officers and others: Admn 10 Oct 2008

The deceased had been shot by police during an armed siege. His family complained that the Independent Police Complaints Commission had declined to order the officers not to confer with each other before making statements.
Held: The authority had not acted incompatibly with the claimants’ human rights. The conferring between officers was in accordance with official police guidelines. The case of Ramsahai must now be taken to set the standards for a killing by state agents. A direction of the kind sought would be more likely to hinder an effective investigation where it resulted in non-cooperation by officers.

Judges:

Underhill J

Citations:

[2008] EWHC 2372 (Admin), Times 10-Oct-2008

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Bass CCA 1953
The court considered how to deal with the admission of a statement where the defendant contested its admissibility. Here the defendant said he had not been cautioned before the interview.
Held: It was within the discretion of the judge to . .
Cited – Regina v Skinner CACD 6-Dec-1993
Witnesses should not rehearse their evidence together before going into court. Farquharson LJ said: ‘It has certainly been permissible, since Lord Goddard’s time, for officers to confer together in the making up of their notebooks immediately after . .
Cited – Stephen Jordan (No 2) v The United Kingdom ECHR 10-Dec-2002
The applicant was a soldier who had been court marshalled for misuse of travel warrants. He wished to use in his defence his recent epilepsy. There was some delay while medical reports were obtained, and subsequently when the new legal system was . .
Cited – Nachova and Others v Bulgaria ECHR 6-Jul-2005
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel) ; Violation of Art. 2 with regard to deaths ; Violation of Art. 2 with regard to lack of effective investigation ; Not . .
Cited – Ramsahai and Others v The Netherlands ECHR 10-Nov-2005
(Grand Chamber) The police had shot someone suspected of stealing a scooter. The family complained that they had not been given full access to the documents seen by the enquiry into his death.
Held: In order to be ‘effective’ as this . .
Cited – Regina v Police Complaints Authority ex parte Green HL 26-Feb-2004
Discovery was sought of statements created during the investigation of a complaint against a police officer. The claimant argued that a police officer had deliberately driven his car at him.
Held: The investigation by a separate police force . .
Cited – Regina v Momodou and Limani CACD 2-Feb-2005
The defendants appealed against their convictions and sentence for violent disorder and assault during an uprising at Yarl’s Wood Detention centre. It was said that witnesses had been coached, other defence witnesses had been returned to their . .
Cited – Tashin Acar v Turkey ECHR 6-May-2003
Hudoc Judgment (Preliminary objections) Government . .
Cited – Ilhan v Turkey ECHR 27-Jun-2000
Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (victim); Preliminary objection dismissed (non-exhaustion); No violation of Art. 2; Violation of Art. 3; Violation of Art. 13; . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 01 July 2022; Ref: scu.277017

Goodenough, Regina (on The Application of) v Independent Police Commission and Others: Admn 4 Jun 2009

A driver was stopped by police. He resisted being removed from his car, and eventually fell out onto his head, causing injuries from which he died. Police officers were tried for offences but acquitted. The family of the deceased now challenged a report issued by the respondent.

Judges:

Mitting J

Citations:

[2009] EWHC 3706 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Police

Updated: 01 July 2022; Ref: scu.406155

Clare, Regina (on the Application of) v Commissioner of Police; Independent Police Complaint Commission: Admn 15 Apr 2005

The complainant had made a complaint against police officers of assault. Criminal proceedings against the complainant were discontinued by the Crown Prosecution Service. Following that acquittal her solicitors wrote with her complaint against them, asking that the officers, be fully investigated. A statement was to follow. After a delay, the police wrote to her directly, noting that they had not received the statement and saying that unless they heard from her within 21 days there would be an application to the then Police Complaints Authority, the predecessor to the IPCC, requesting a dispensation from any further investigation. She did not reply, anticipating one from her lawyers. The PCA later wrote to her and to her solicitors acceeding to the police’s request for a dispensation, and the officer was told that no formal proceedings would follow. The claimant’s solicitors asked for the matter to be revived and re-considered. When the IPCC took over the correspondence it concluded that it was functus officio.
Held: The matter should proceed, the defendant agreeing to a consent order quashing the decision, on the basis that there was no other way of achieving the desired result which would then lead to a proper investigation. There exists an ‘undoubted important public interest in the resolution of complaints against police officers on the merits rather than on a technicality’.

Judges:

Walker J

Citations:

[2005] EWHC 1108 (Admin)

Links:

Bailii

Statutes:

Police Act 1996

Cited by:

Cited – The Independent Police Complaints Commission, Regina (On the Application of) v Commissioner Of Police Of the Metropolis Admn 3-Jul-2009
Delay defeated Request for review
A police dog had bitten a child on his arrest. His mother complained and again at the handling of her complaint by the IPCC. The MPS had disciplined in accordance with a letter from the IPCC, and having acted refused to re-open the complaint.
Cited – Coker, Regina (on The Application of) v Independent Police Complaints Commission QBD 16-Nov-2010
The claimant sought judicial review of a decision made by the respondents on her complaint, which was that no misconduct proceedings had been brought. Her brother had been arrested and died in custody. The Commission had recommended such . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 30 June 2022; Ref: scu.226271

Hounsham and Others, Regina v: CACD 26 May 2005

The defendants appealed convictions for having staged motor accidents to support false insurance claims. They said that the insurance companies had contributed to the costs of the investigation by the police.
Held: It might have been most unwise and possibly unlawful for the police to solicit contributions to their costs from the victims of crime, but they had been found to have acted nevertheless in good faith. The conditions for a stay had not been met. The inadvertent admission of evidence as to one defendant’s previous convictions had not prejudiced the jury.

Judges:

Gage LJ, Curtis J, Poole J

Citations:

[2005] EWCA Crim 1366, Times 16-Jun-2005

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1) HL 24-Jun-1993
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities.
Held: The High Court may look at how an accused person was brought within the jurisdiction when . .
Cited – Attorney-General’s Reference (No 2 of 2001) HL 11-Dec-2003
The house was asked whether it might be correct to stay criminal proceedings as an abuse where for delay. The defendants were prisoners in a prison riot in 1998. The case only came on for trial in 2001, when they submitted that the delay was an . .
Cited – Regina v Mullen CACD 4-Feb-1999
British authorities, in disregard of available extradition procedures, initiated and procured the unlawful deportation of the appellant from Zimbabwe to England. The appellant was charged and tried for conspiracy to cause explosions likely to . .
Cited – Regina v Weaver and Weaver 1967
Where some prejudice to the defendant or some matter which is prejudicial to the defendant has been admitted in evidence through inadvertence, the jury may be discharged, but need not always be according to the circumstances. . .
Lists of cited by and citing cases may be incomplete.

Crime, Police

Updated: 30 June 2022; Ref: scu.225486

Ashton and Another, Regina (on the Application of) v The Chief Constable of West Yorkshire: Admn 27 May 2005

The claimants were two police officers. They arrested a young man, but the prosecution was thrown out as an abuse of process because of the way the claimant police force and CPS had conducted matters. The defendants had ‘been deprived by the prosecuting authority of the opportunity to call potential witnesses and, in addition the whole background of events leading up to the arrest of these defendants leads me to the conclusion that the court’s processes may have been manipulated.’ In essence they had misdescribed the basis in law of the arrest. The officers now claimed that their subsequent suspensions had been in bad faith.
Held: The claim failed. Though the process was open to criticism, the claimants had not established that the prosecution of the person arrested had been mishandled so as to protect him as a witness in other proceedings.

Judges:

Collins J

Citations:

[2005] EWHC 975 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Police

Updated: 30 June 2022; Ref: scu.225331

Regina v Grant: CACD 4 May 2005

The police had secretly and unlawfully recorded conversations between the defendant and his solicitor whilst he was in custody. The judge rejected a claim of abuse of process. He appealed his conviction for murder.
Held: The appeal was allowed. The proceedings had been infected with an unlawful purpose in the police actions. The recordings were categorically unlawful and proceedings based upon such activities were an abuse. Should the proceedings have been stopped, where, as here, no prejudice to the defendant had been shown? The police actions were such an affront to the integrity of the justice system, that a conviction, even if not based upon the results of such eavesdropping, could not stand. The importance of legal professional privilege was so clear that no great list of authorities were required to support it.

Judges:

Laws LJ, Dame H Steele, Martin Stephens QC

Citations:

Times 12-May-2005, [2005] EWCA Crim 1089, [2005] 3 WLR 437, [2005] 2 Cr App R 28, [2006] QB 60, [2005] Crim LR 955

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Derby Magistrates Court Ex Parte B HL 19-Oct-1995
No Breach of Solicitor Client Confidence Allowed
B was charged with the murder of a young girl. He made a confession to the police, but later changed his story, saying his stepfather had killed the girl. He was acquitted. The stepfather was then charged with the murder. At his committal for trial, . .

Cited by:

Criticised – Warren and Others v Attorney General of The Bailiwick of Jersey (Court of Appeal of Jersey) PC 28-Mar-2011
(Jersey) Lord Dyson criticised elements of the decision in R v Grant and said: ‘Nevertheless, the Board respectfully considers that the decision in R v Grant was wrong. The statement at para 54 suggests that the deliberate invasion of a suspected . .
Cited – Brown, Regina v CACD 29-Jul-2015
The claimant, a patient hld at Rampton Hospital faced charges of attempted murder of two nurses. His lwayers had asked for the right to see their client in private, but eth Hospital objected, insisting on the presence of two nurses at all times. . .
Lists of cited by and citing cases may be incomplete.

Police, Legal Professions

Updated: 30 June 2022; Ref: scu.224867

Regina v Maynard, Dudley etc: CACD 31 Jul 2002

The defendants appealed against their convictions for murder. They alleged that the police record of an interview central to the cases had been falsified.
Held: To allow an appeal the court must conclude that the conviction is unsafe. The evidence at trial was that the record was accurate and contemporaneous, but that now appeared to be impossible. The court can never know the inner minds of the jury. The judge had made the integrity of the interviews central. Appeals allowed to that extent.

Judges:

Lord Justice Mantell, Holman, Gibbs JJ

Citations:

[2002] EWCA Crim 1942

Links:

Bailii

Statutes:

Criminal Appeal Act 1968 23(2)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Pendleton HL 13-Dec-2001
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal.
Held: . .
Lists of cited by and citing cases may be incomplete.

Crime, Police, Evidence

Updated: 30 June 2022; Ref: scu.174450

Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity.
Held: The claimant’s appeal failed. An action begun without the prior leave of the High Court was a complete nullity.
Lord Bingham of Cornhill said: ‘the words first introduced in section 16(2) of the 1930 Act (‘No proceedings, civil or criminal, shall be brought’) appear to be clear in their effect and have always been thought to be so. They were introduced with the obvious object of giving mental health professionals greater protection than they had enjoyed before. They were re-enacted with knowledge of the effect the courts had given to them. ‘ (Lord Woolf and Baroness Hale dissenting)
Baroness Hale of Richmond (dissenting) said: ‘I approach the task of construing section 139(2), therefore, on the basis that Parliament, by enacting the procedural requirement to obtain leave, did not intend the result to be that a claimant might be deprived of access to the courts, unless there is express language or necessary implication to the contrary. If there is no express language, there will be no necessary implication unless the legislative purpose cannot be achieved in any other way. Procedural requirements are there to serve the ends of justice, not to defeat them. It does not serve the ends of justice for a claimant to be deprived of a meritorious claim because of a procedural failure which does no substantial injustice to the defendant.’

Judges:

Lord Bingham of Cornhill, Lord Woolf, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

Times 05-Jul-2007, [2007] UKHL 31, [2007] 4 All ER 177, [2007] 1 WLR 1910

Links:

Bailii

Statutes:

Mental Health Act 1983 139

Jurisdiction:

England and Wales

Citing:

Cited – Rendall v Blair 1890
Where a statute requires leave to commence proceedings to be granted, a failure to obtain such consent does not automatically render the proceedings a nullity.
Bowen LJ said: ‘this section is not framed in the way in which sections are framed . .
Appeal from – Seal v Chief Constable of South Wales Police CA 19-May-2005
Mr Seal noisily objected to a neighbour blocking in his car. Police were called who took him into custody under the 1983 Act. He was released several days later, and eventually sought damages for his wrongful treatment. He had failed to first seek . .
Cited – Regina v Immigration Appeal Tribunal, ex Parte Jeyeanthan Admn 3-Apr-1998
An appeal by the Home Secretary against a ruling that he had to use the same prescribed form as would be used by the asylum seeker. The use of a letter which omitted a substantial and important declaration was invalid. Lord Woolf MR made plain the . .
Cited – In re Saunders (A Bankrupt) ChD 1997
Very emphatic language was required in a statute before want of leave should, without more, result in proceedings being treated as a nullity. Leave could in appropriate circumstances be granted after the event notwithstanding the proceedings had . .
Cited – Pyx Granite Ltd v Ministry of Housing and Local Government HL 1959
There is a strong presumption that Parliament will not legislate to prevent individuals affected by legal measures promulgated by executive public bodies having a fair opportunity to challenge these measures and to vindicate their rights in court . .
Cited – Regina v Angel CACD 1968
The failure to obtain the consent of the Director of Public Prosecutions to a prosecution under section 8 of the Sexual Offences Act 1967 rendered the whole of the trial, including the committal proceedings, a complete nullity. . .
Cited – Horton v Sadler and Another HL 14-Jun-2006
The claimant had been injured in a road traffic accident for which the defendant was responsible in negligence. The defendant was not insured, and so a claim was to be made against the MIB. The plaintiff issued proceedings just before the expiry of . .
Cited – Bradford Corporation v Myers HL 1916
The 1893 Act was criticised for its complexity. A section gave protection to public authorities for ‘any act done in pursuance, or execution, or intended execution of any Act of Parliament, or of any power duty or authority, or in respect of any . .
Cited – Magor and St Mellons Rural District Council v Newport Corporaion HL 1951
The Court of Appeal had tried to fill in the gaps in a statute where parliament had intended an effect.
Held: Rights to compensation are well capable of falling within the definition of ‘property of a company’ in the relevant provisions of the . .
Cited – Secretary of State for Defence v Warn HL 1970
A courts martial prosecution begun without the necessary prior consent, the proceedings were a nullity. . .
Cited – Golder v The United Kingdom ECHR 21-Feb-1975
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his . .
Cited – Walkley v Precision Forgings Ltd CA 1978
The plaintiff appealed the strict application of the limitation laws against his claim. He had been injured whilst working as a grinder. He began one claim which lapsed, and began a second claim outside the limitation period, requesting the court to . .
Cited – London and Clydeside Estates v Aberdeen District Council HL 8-Nov-1979
Identifying ‘maandatory’ and ‘regulatory’
The appellants had sought a Certificate of Alternative Development. The certificate provided was defective in that it did not notify the appellants, as required, of their right to appeal. Their appeal out of time was refused.
Held: The House . .
Cited – Regina v Pearce CACD 1980
The lack of a required consent by the Attorney General, under section 4(3) of the 1977 Act led to the quashing of the conviction. . .
Cited – Ashingdane v The United Kingdom ECHR 28-May-1985
The right of access to the courts is not absolute but may be subject to limitations. These are permitted by implication since the right of access ‘by its very nature calls for regulation by the State, regulation which may vary in time and place . .
Cited – Regina v Soneji and Bullen HL 21-Jul-2005
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not . .
Cited – Stubbings and Others v The United Kingdom ECHR 22-Oct-1996
There was no human rights breach where the victims of sex abuse had been refused a right to sue for damages out of time. The question is whether and to what extent differences in otherwise similar situations justify a different treatment in law: . .
Cited – M v United Kingdom ECHR 1987
The protection of those responsible for the care of mental patients from being harassed by litigation is a legitimate objective. . .
Cited – Winch v Jones CA 1986
The court asked as to the criteria which should be applied when considering an application by a mental patient for leave to bring proceedings under section 139: ‘section 139 protects the defendant unless and until the applicant obtains leave. This . .

Cited by:

Cited – In re F (A Child) (Placement Order); C v East Sussex County Council (Adoption) CA 1-May-2008
The father sought to revoke a freeing order. He said that the social workers had conspired to exclude him from the process. The child was born of a casual relationship, and at first he was unaware of the proceedings. On learning of them he sought to . .
Cited – Adorian v The Commissioner of Police of the Metropolis CA 23-Jan-2009
The claimant received injuries when arrested. He was later convicted of resisting arrest. The defendant relied on section 329 of the 2003 Act. The claimant said that the force used against him was grossly disproportionate. The commissioner appealed . .
Cited – TW v London Borough of Enfield and Another QBD 8-May-2013
The claimant sought damages after being detained under the 1983 Act, and a declaration that the section used was incompatible with her human rights.
Held: The test for allowing proceedings was set at a low level, and even if section 139 does . .
Cited – Park v Cho and Others ChD 24-Jan-2014
The parties disputed the chairmanship of a charity. The claimant succeeded, but a third party later intervened saying that permission had not first been obtained from the Charity Commission as required. The defendant now appealed against the lifting . .
Cited – Lalchan, Regina v CACD 27-May-2022
Conviction withoiut required Consent was Unsafe
Whether a conviction for an offence which requires the consent of the Attorney General before the proceedings are instituted can stand when no such consent was obtained.
Held: The appellant’s arguments were well-founded and his conviction on . .
Lists of cited by and citing cases may be incomplete.

Health, Police

Updated: 30 June 2022; Ref: scu.254551

Police Service of Northern Ireland v McCaughey and Another: CANI 14 Jan 2005

Judges:

Kerr LCJ, Campbell LJ and Weir J

Citations:

[2005] NICA 1

Links:

Bailii

Statutes:

Coroner’s Act (Northern Ireland) 1959, European Convention on Human Rights

Jurisdiction:

Northern Ireland

Citing:

See Also – McCaughey and Another, Re Application for Judicial Review QBNI 20-Jan-2004
Application by the fathers of Martin McCaughey and Desmond Grew, who were killed by soldiers on 9 October 1990, for Judicial Review of the decisions of the Chief Constable and the Coroner concerning the disclosure of documents for the purposes of . .

Cited by:

See Also – Jordan v Lord Chancellor and Another (Northern Ireland) HL 28-Mar-2007
In each case a death had occurred many years earlier where the deceased had apparently died at the hands of the armed forces. The relatives now challenged the range of verdicts which could be left to a coroner’s jury.
Lord Bingham said: ‘The . .
See Also – McCaughey and Quinn, Re Judicial Review CANI 26-Mar-2010
The claimants challenged the mode of inquest sought to be carried out. They had been refused an undertaking that the inquest would comply with obligations under article 2.
Held: The appeal failed. McKerr remained binding on the court, even if . .
See Also – McCaughey and Another, Re Application forJudicial Review SC 18-May-2011
The claimants sought a fuller inquest into deaths at the hands of the British Army in 1990 in Northern Ireland. On opening the inquest, the coroner had declined to undertake to hold a hearing compliant with article 2, and it had not made progress. . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights, Coroners

Updated: 29 June 2022; Ref: scu.224131

Commissioner of Police of the Metropolis v Hooper: QBD 16 Feb 2005

The police applied to the court for a closure order in respect of premises they said were being used for the sale of Class A drugs. The tenant sought an adjournment, which was granted as were two later applications. On the last hearing, the police did not appear and the application was dismissed as out of time. The police appealed.
Held: To avoid a conflict, the police power to order closure under 2(6) of the 2003 Act had to be read so that s54 of the 1980 Act was not excluded. Nevertheless, s54 should not be allowed to undermine the statutory purpose of the application. Magistrates had power to adjourn an application but not beyond 14 days after the application was made. The fault in the Magistrates’ action was not in granting multiple adjournments, but in allowing adjournments beyond that period. The magistrates had taking into account matters nor relevant, and the decision was flawed.

Judges:

Mitting J

Citations:

Times 03-Mar-2005, [2005] EWHC 340 (Admin), [2005] 1 WLR 1995

Links:

Bailii

Statutes:

Anti-Social Behaviour Act 2003 2(6), Magistrates Courts Act 1980 54, European Convention on Human Rights 6

Citing:

Cited – Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others HL 17-Oct-2002
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made.
Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards . .
Cited – Regina v Dudley Magistrates Court ex parte Hollis; Robert v Same Admn 25-Nov-1997
An award of costs is inevitable after a finding of statutory nuisance and such costs include cost of establishing the nuisance. ‘The wide discretion as to whether to grant an adjournment conferred by section 10 and section 54 of the Magistrates’ . .

Cited by:

Cited – Regina (Brian Turner) v Highbury Magistrates Court QBD 11-Oct-2005
The claimant had faced an application for a closure order on his premises for their use for unlawful drugs. The matter was adjourned twice at his request. On the third occasion he sought to rely upon the need for a closure order to be confirmed with . .
Lists of cited by and citing cases may be incomplete.

Police, Magistrates, Human Rights

Updated: 29 June 2022; Ref: scu.223452

Brown v Sussex Chief Constable: CA 12 Jan 2001

The claimant’s action alleging damages flowing from police negligence had been struck out as disclosing no cause of action. He now sought leave to appeal.
Held: The court could see no fault in the first refusal of leave, and the request was refused.

Judges:

Schiemann LJ

Citations:

[2001] EWCA Civ 15

Links:

Bailii

Jurisdiction:

England and Wales

Police, Negligence

Updated: 29 June 2022; Ref: scu.222969

Wood v Chief Constable West Midlands Police: CA 8 Dec 2004

The claimant was a director of a limited company. A Detective Chief Inspector with responsibility for crime prevention was investigating a series of car thefts and arrested the claimant’s business partner and, before the accused had even stood his trial, informed members of the insurance industry, such as the manager of the Association of British Insurers Crime and Fraud Prevention Bureau, that he was guilty. In fact he was subsequently acquitted. The claimant complained that the letters associating him and the business with the accused meant and were understood to mean that he had aided and abetted the commission of numerous serious criminal offences. The director had not personally been suspect, but felt he had been defamed. The defendant appealed summary judgment against him for libel, complaining that the claimant had been allowed to add a claim for slander late in the day.
Held: The judge had to find an equitable solution before allowing a late amendment. The judge had not gone through a detailed analysis, but had addressed the fundamental issue.

Judges:

May LJ, Dyson LJ, Wall LJ

Citations:

[2004] EWCA Civ 1638, Times 13-Dec-2004, [2005] EMLR 20

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Wood v West Midlands Police QBD 8-Dec-2003
The claimant’s busness partner had been investigated by the police. He claimed in defamation after a senior officer circulated business associates and others informing them of the prosecution and suggesting the partners’s guilt. He said he was . .
Cited – Kearns and Others v The General Council of the Bar CA 17-Mar-2003
The claimants had sought to recover from the General Council of the Bar damages for libel in a communication from the head of the Bar Council’s Professional Standards and Legal Services Department to all heads of chambers, their senior clerks and . .

Cited by:

Cited – Clift v Slough Borough Council and Another QBD 6-Jul-2009
The claimant sought damages for defamation. The council had decided that she had threatened a member of staff and notified various people, and entered her name on a violent persons register. She alleged malice, the council pleaded justification and . .
Cited – Clift v Slough Borough Council CA 21-Dec-2010
The court was asked how, if at all, the Human Rights Act 1998 has affected a local authority’s defence of qualified privilege in defamation cases. The claimant had been placed on the Council’s Violent Persons Register after becoming very upset and . .
Lists of cited by and citing cases may be incomplete.

Police, Defamation

Updated: 28 June 2022; Ref: scu.221603

Johnstone v Pedlar: HL 24 Jun 1921

The now respondent, a naturalised USA citizen, had sued the appllant, the chief Commissioner of the Dublin Metropolitan police complaining of an unlawful detention, and continued retention of money taken on his arrest for militarily drilling disaffected persons. He had been prosecuted for allegation under the defence of the realm act, but the judge had directed a not guilty verdict.
Held: Lord Atkinson said: ‘Aliens, whether friendly or enemy, can be lawfully prevented from entering this country and can be expelled from it.’

Judges:

Lord Atkinson

Citations:

[1921] 2 AC 262, [1921] UKHL 1

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others HL 9-Dec-2004
Extension oh Human Rights Beyond Borders
The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than . .
Lists of cited by and citing cases may be incomplete.

Immigration, Torts – Other, Police

Updated: 28 June 2022; Ref: scu.220651

Regina (Anderson and Others) v HM Coroner for Inner North Greater London: QBD 26 Nov 2004

The deceased suffered depressive mental illness, and was detained outside on a cold night naked and in a cannabis induced delirium. Because of his size, additional officers were called upon to assist restraining him. He was taken to hospital, but died of a cardiac arrest whilst being restrained pending the arrival of a doctor. The family believed excessive force had been used. The coroner’s jury returned a verdict of unlawful killing. The officers asked the court to quash the verdict.
Held: The coroner would have been justified in not leaving the verdict of unlawful killing to the jury: ‘The evidence to support it was very tenuous and the absence of any criticism of the police was a telling point. But it was more likely that being held face down would have produced hypoxia and so it was open to the jury to find causation proved. It was vitally important that they should have received a careful direction so that they knew that it was only if the holding face down had contributed substantially to hypoxia and that hypoxia had contributed substantially to death that a verdict of unlawful killing could be found. They received no such direction. Thus I am just persuaded that the coroner did not err in law in leaving unlawful killing to the jury. Equally, he would not have erred if he had declined to leave it. ‘ However: ‘I have no doubt that a verdict of unlawful killing was not and would not be a just verdict.’ The verdict was quashed.

Judges:

Mr Justice Collins

Citations:

[2004] EWHC 2729 (Admin)

Links:

Bailii

Statutes:

Mental Health Act 1983 136

Jurisdiction:

England and Wales

Citing:

Cited – Palmer v The Queen PC 23-Nov-1970
It is a defence in criminal law to a charge of assault if the defendant had an honest belief that he was going to be attacked and reacted with proportionate force: ‘If there has been an attack so that defence is reasonably necessary, it should be . .
Cited – Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset HL 11-Mar-2004
The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury.
Cited – Regina v HM Coroner for Inner London South District, ex parte Douglas-Williams CA 29-Jan-1998
The deceased died in custody. The jury returned a verdict of accidental death. It was suggested that the coroner’s direction as to unlawful killing had been confusing, and that he was wrong not to leave open the possibility of a verdict of neglect. . .
Cited – Regina v Galbraith CCA 1981
Rejection of Submission of No Case to Answer
The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction.
Held: Lord Lane LCJ said: ‘How then . .
Cited – Regina v HM Coroner for Inner London South District, ex parte Douglas-Williams CA 29-Jan-1998
The deceased died in custody. The jury returned a verdict of accidental death. It was suggested that the coroner’s direction as to unlawful killing had been confusing, and that he was wrong not to leave open the possibility of a verdict of neglect. . .
Lists of cited by and citing cases may be incomplete.

Coroners, Police

Updated: 27 June 2022; Ref: scu.220045

Bennett v Officers A and B and Commissioner of Police for the Metropolis: CA 2 Nov 2004

Police Officers had been involved in a shooting in which a man died. They were granted anonymity before the coroner’s court, on evidence suggesting they might be at risk. The family of the deceased appealed.
Held: The coroner misdirected herself in respect of the threshold of risk test by allowing for ‘a reasonable chance’ of a threat, but the misdirection was not such as to require this matter to be remitted to her for a further hearing.

Judges:

Lord Justice Mummery Mr Justice Maurice Kay

Citations:

[2004] EWCA Civ 1439, [2004] All ER 27

Links:

Bailii

Statutes:

European Convention on Human Rights 2

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Secretary of State for Defence Ex Parte Smith; Regina v Same Ex Parte Grady Etc CA 6-Nov-1995
A ban on homosexuals serving in the armed forces was not irrational, and the challenge to the ban failed. The greater the policy content of a decision, and the more remote the subject matter of a decision from ordinary judicial experience, the more . .
Cited – A and Others, Regina (on the Application of) v Lord Saville of Newdigate and others CA 28-Jul-1999
Former soldiers who had been involved in the events in Londonderry in 1972, and were to be called to give evidence before a tribunal of inquiry, still had cause to fear from their names being given, and so were entitled to anonymity when giving such . .
Cited – Regina v Bedfordshire Coroner ex parte Local Sunday Newspapers Ltd 1999
The test of whether a coroner should grant anonimity to a witness involved a decision on whether or not there was objective evidence to show that the fears of the Respondent established a serious or real possibility of danger to life. Burton J . .
Cited – Amin, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Oct-2003
Prisoner’s death – need for full public enquiry
The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death.
Held: There had been a . .
Cited – Scott v Scott HL 5-May-1913
Presumption in Favour of Open Proceedings
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
Held: The House . .
Cited – Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore HL 1971
Test for police protection need
The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2.
Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s . .

Cited by:

Cited – In re Officer L HL 31-Jul-2007
Police officers appealed against refusal of orders protecting their anonymity when called to appear before the Robert Hamill Inquiry.
Held: ‘The tribunal accordingly approached the matter properly under article 2 in seeking to ascertain . .
Cited – Associated Newspapers Ltd, Regina (on The Application of) v Rt Hon Lord Justice Leveson Admn 20-Jan-2012
The defendant was conducting a public enquiry into the culture, ethics and practices of national newspapers. The claimant and others objected to the admission of anonymous evidence from journalists afraid of career blight. The claimants complained . .
Lists of cited by and citing cases may be incomplete.

Police, Coroners, Human Rights

Updated: 27 June 2022; Ref: scu.219166

Robinson and Another v Northumbria Police Authority and Another: CA 12 Oct 2001

Two police officers sought damages after their patrol car was trapped and attacked by youths. Senior officers were aware of such attacks, and considered arrangements for different windscreens.
Held: The risk was forseeable, and given the additional known risks faced by police officers, it was reasonable for the authority to have acted.

Citations:

[2001] EWCA Civ 1556

Links:

Bailii

Jurisdiction:

England and Wales

Police, Health and Safety, Negligence

Updated: 27 June 2022; Ref: scu.218461

Begley, Regina (on the Application of) v West Midlands Police: CA 18 Oct 2001

Citations:

[2001] EWCA Civ 1571

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Kay, Regina (on The Application of) v Chief Constable of Northumbria Police Admn 18-Jan-2010
Having succeeded in her claim as to the lawfulness of the decision of the defendant to end her appointment as a probationary constable, the claimant now sought an order mandating her continued employment by the defendant. She had been acquitted of . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 27 June 2022; Ref: scu.218395

Humberside Police v McQuade: CA 12 Jul 2001

Defendant’s appeal against an order giving judgment for the claimant in the action for damages to be assessed for wrongful arrest and personal injury. The claimant had been arrested in his home, purportedly for a breach of the peace. There was no public element or public dimension involved in the circumstances of the arrest.
Held: The appeal succeeded. McConnell was an authority binding on the court. Authority apart, it would be contrary to principle to hold that an act which would constitute a breach of the peace if committed in a public place, or on private premises where a person or persons other than the participants are affected by it, should cease to be such if committed on private premises where only the participants are involved. None of the authorities gives support for such a distinction, which could not be justified on grounds of public policy or otherwise.

Judges:

Peter Gibson Lj, Law LJ, Sir Martin Nourse

Citations:

[2002] 1 WLR 1347, (2001) 165 JP 729, [2001] EWCA Civ 1330

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Dallison v Caffery CACD 1965
It is for the detaining authority to justify all periods of detention.
The court described the common law duty on a prosecutor to disclose material. Lord Denning MR said: ‘The duty of a prosecuting counsel or solicitor, as I have always . .
Cited – Regina v Howell (Errol) CACD 1981
The court considered the meaning of the legal concept of a breach of the peace.
Held: The essence is to be found in violence or threatened violence. ‘We entertain no doubt that a constable has a power of arrest where there is reasonable . .
Cited – McConnell v Chief Constable of Greater Manchester Police CA 1990
The plaintiff sought damages from the police. She had gone into a store and refused to leave when so requested. The police officer escorted her from the premises. She tried to re-enter the premises, and the officer exercised his common law right to . .
Mentioned – Wylson v Skeock 1949
. .
Mentioned – Robson v Hallett CA 1967
A police officer had been impliedly invited onto land, and was asked to leave, but was then assaulted before he had chance to leave.
Held: The conviction was upheld.
There is an implied licence available to members of the public on . .
Cited – Regina v Chief Constable of Devon and Cornwall, Ex parte Central Electricity Generating Board CA 1982
The CEGB wanted to undertake a survey using its statutory powers to check whether land might be suitable for a nuclear power station, and wanted the police to prevent demonstrators from preventing the survey. It now requested an order of mandamus to . .
Cited – Foulkes v Chief Constable of Merseyside Police CA 9-Jun-1998
A man was locked out of the matrimonial home which he owned jointly with his wife, following a family dispute. The police told him, as was the fact, that his wife and children did not want him to re-enter the house and the police suggested that he . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other, Personal Injury, Police, Crime

Updated: 27 June 2022; Ref: scu.218315

Cleveland Police v Watson: CA 10 Jul 2001

The Chief Constable renewed his application for leave to appeal against a judgment for damages for assault and malicious prosecution, saying that the judge had incorrectly not allowed mention of some of the claimant’s convictions.
Held: Some of the convictions were spent and had been correctly excluded.

Citations:

[2001] EWCA Civ 1144

Links:

Bailii

Statutes:

Rehabilitation of Offenders Act 1974 7(3)

Jurisdiction:

England and Wales

Torts – Other, Police, Evidence

Updated: 27 June 2022; Ref: scu.218296

Purchase v Thames Valley Police: CA 11 Apr 2001

The defendant sought leave to appeal an award of damages for assault by four police officres on the claimant. The jury had been asked various questions about their conclusions on the facts. The defendant said the answers given were inconsistent.
Held: The answers were consistent with the jury taking different views of the actions of different officers. Leave refused.

Citations:

[2001] EWCA Civ 682

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Abbassy v Commissioner of Police for the Metropolis CA 28-Jul-1989
The court considered what information had to be given to a suspect on his arrest.
Held: The question whether or not the information given is adequate has to be assessed objectively having regard to the information which is reasonably available . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 27 June 2022; Ref: scu.218128

Director of Public Prosecutions v Robertson: QBD 4 Mar 2002

The motorist had been stopped. He had not failed the roadside breathalyzer test, but the officer continued and arrested him. He was acquitted. The prosecutor appealed.
Held: The use of the section 6 breathalyzer procedure did not exclude the officer relying on the powers contained in section 4 of the Act. Where the officer believed an offence had been committed, he did have power to use that section. Accordingly the arrest was lawful, and the evidence subsequently acquired should not have been excluded.

Citations:

Times 13-Mar-2002, Gazette 11-Apr-2002

Statutes:

Road Traffic Act 1988 4 6, Police and Criminal Evidence Act 1984 78(1)

Jurisdiction:

England and Wales

Criminal Practice, Road Traffic, Police

Updated: 23 June 2022; Ref: scu.170040

Herniman v Smith: HL 1938

The court considered the tort of malicious prosecution.
Held: It is the duty of a prosecutor to find out not whether there is a possible defence, but whether there is a reasonable and probable cause for prosecution. The House approved the statement of principle.
Lord Atkin said: ‘I should define reasonable and probable cause to be, an honest belief in the guilt of the accused based upon a full conviction, founded upon reasonable grounds, of the existence of a state of circumstances, which, assuming them to be true, would reasonably lead any ordinarily prudent and cautious man, placed in the position of the accuser, to the conclusion that the person charged was probably guilty of the crime imputed.’ and ‘It is not required of any prosecutor that he must have tested every possible relevant fact before he takes action. His duty is not to ascertain whether there is a defence, but whether there is a reasonable and probable cause for a prosecution.’

Judges:

Lord Atkin

Citations:

[1938] AC 305

Jurisdiction:

England and Wales

Citing:

Approved – Hicks v Faulkner 1878
Before charging a prisoner, a police officer must have ‘an honest belief in the guilt of the accused based upon a full conviction, founded upon reasonable grounds, of the existence of a state of circumstances, which, assuming them to be true, would . .

Cited by:

Cited – Gibbs and others v Rea PC 29-Jan-1998
(Cayman Islands) The respondent worked for a bank. He disclosed a business interest, but that interest grew in importance to the point where he resigned in circumstances amounting to constructive dismissal. His home and business officers were raided . .
Cited – Matin v Commissioner of Police of the Metropolis CA 20-Jun-2002
The claimant sought to have restored his claim for malicious prosecution.
Held: ‘The fact that there might be an arguable case that the prosecutor was activated by malice, that is to say, to prosecute for an improper motive, does not of itself . .
Cited – McHarg v Chief Constable of Thames Valley Police ChD 9-Jan-2004
The claimant police officer sought damages for malicious prosecution. The defendant applied for the claim to be struck out.
Held: There was insufficient evidence to establish malice. The claim was struck out. . .
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 – Alford v Cambridgeshire Police CA 24-Feb-2009
The claimant police officer had been held after an accident when he was in a high speed pursuit of a vehicle into the neighbouring respondent’s area. The prosecution had been discontinued, and he now appealed against rejection of his claims for . .
Cited – Moulton v Chief Constable of The West Midlands CA 13-May-2010
The claimant appealed against dismissal of his claim for damages for malicious prosecution and misfeasance in public office. He had been arrested and held on allegations of serious sexual assaults, but then released when the matter came to the Crown . .
Cited – Howarth v Gwent Constabulary and Another QBD 1-Nov-2011
The claimant alleged malicious prosecution and misfeasance in public office against the defendant. He had been charged with perverting the course of justice. He had worked for a firm of solicitors specialising in defending road traffic prosecutions. . .
Cited – Glinski v McIver HL 1962
The court considered the tort of malicious prosecution when committed by a police officer, saying ‘But these cases must be carefully watched so as to see that there really is some evidence from his conduct that he knew it was a groundless charge.’ . .
Cited – Williamson v The Attorney General of Trinidad and Tobago PC 3-Sep-2014
(Trinidad and Tobago) The claimant had been held after arrest on suspicion of theft. He was held for several months before the case was dismissed, the posecution having made no apparent attempt to further the prosecution. He appealed against refusal . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police

Updated: 21 June 2022; Ref: scu.184704

M, Regina (on The Application of) v The Chief Constable of Sussex Police and Another: Admn 15 Apr 2019

The defendant shared information about the claimant, a vulnerable 16 year old girl, with the local Business Crime Reduction Partnership, which had then excluded her from its members premises.

Citations:

[2019] EWHC 975 (Admin)

Links:

Bailii

Statutes:

Data Protection Act 2018

Jurisdiction:

England and Wales

Police, Information

Updated: 21 June 2022; Ref: scu.636095

Allan v The United Kingdom: ECHR 5 Nov 2002

The appellant had been convicted of murder. The police had encouraged an informant to associate with him whilst in prison and to entice admissions from him. They had also recorded conversations whilst he was in the police station cells.
Held: No system regulated such recordings, and accordingly the recordings were not according to law, and were an infringement of his human rights. As to the conversations with the fellow inmate, it was not the function of the Court to adjudicate on matters of fact, nor as to the admissibility of evidence. The question for the court was whether the behaviour was such as to render the proceedings as a whole unfair. This included whether there had been shown due respect for the rights of the defence. The right against self-incrimination includes the right not to incriminate oneself through coercion or oppression, in defiance of the will of the accused. He had here exercised his right of silence on interview. The police had coached the informant to try to extract a confession, and the confessions obtained were not spontaneous or unprompted. The confessions were obtained in defiance of his will, and in breach of his article 6 rights to a fair trial. Art 13 had also been infringed by the use of wrongful surveillance without effective remedy.
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Violation of Art. 6-1 ; Violation of Art. 13 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedings

Citations:

Times 12-Nov-2002, 48539/99, [2002] ECHR 697, [2002] ECHR 702

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights Art 8.1 Art 6 Art 13

Jurisdiction:

Human Rights

Human Rights, Evidence, Police

Updated: 21 June 2022; Ref: scu.177895

Chief Constable of Lancashire v Wilson and Others: QBD 14 Jul 2015

The court was asked to consider the compatibility of provisions in the 2009 Act with Human Rights law, in determining the rights of the individual subject to orders.

Judges:

Kerr J

Citations:

[2015] EWHC 2763 (QB)

Links:

Bailii

Statutes:

Policing and Crime Act 2009

Jurisdiction:

England and Wales

Police, Human Rights

Updated: 18 June 2022; Ref: scu.566578

DH Edmonds Ltd v East Sussex Police Authority: CA 6 Jul 1988

The plaintiffs Brighton jewellers sought compensation from the police authority for a raid on their premises by three or four men. Kenneth Jones J at first instance held that the incident did not involve a tumultuous assembly and accordingly the claim against the defendant police authority failed. On appeal it was conceded on behalf of the plaintiffs that the 1886 Act imposed an additional requirement that the assembly be tumultuous. It was submitted however that it would suffice if the assembly in question caused bystanders to behave tumultuously in the sense of making a lot of noise, and that Lyell J had been wrong in Dwyer when stating that ‘tumultuous’ connoted an assembly of some considerable size.
Held: Kerr LJ rejected the first contention, regarding it as self-evident that whatever conduct or effect is involved in the adverb ‘tumultuously’ must relate to the persons who are assembled together, both ‘riotously’ and ‘tumultuously’. On the second point, Kerr LJ said that as a matter of first impression the connotation of ‘multitude’ or ‘crowd’ or ‘mob’, or of a large number of people, had been introduced into the meaning of ‘tumultuous’ and ‘tumult’. He continued: ‘Moreover, these aspects were considered with great care, and after a full citation of all the authorities, by Mr Justice Lyell in the most recent of the cases to which we were referred, JW Dwyer Limited -v- Metropolitan Police District Receiver [1967] 2 QB 970, [1967] 3 WLR 731. Mr Justice Kenneth Jones followed that case and I would do exactly the same, because it is an admirable judgment on this very section’ and
‘I would accept the analysis of the phrase ‘riotously and tumultuously’ assembled together’ of Mr Justice Lyell in Dwyer’s case. Looked at in that way, there is no error in concluding that ‘tumultuously adds something more than mere noise to the minimum assembly of three people required to constitute a riot.
The other point which Mr Poulton took was that Mr Justice Lyell’s suggestion that what matters is whether or not the police should have been alerted was satisfied in the present case, since there was a great deal of noise. He said that this should have attracted the attention of the police. I do not accept that. It is certainly not the kind of picture which Mr Justice Lyell had in mind when he gave his impression of a ‘riotous and tumultuous assembly’. After all, this was not a case of a crowd which had assembled and which should have attracted the attention of the police by its very presence. On the contrary. These robbers drew up in a van quietly and then stormed out, no doubt making a good deal of noise, but in the minimum time possible. And they then vanished as quickly as they could. The whole nature of the raid was one of furtiveness at the beginning, and then surprise and speed of departure thereafter. In my view that is far from a ‘riotous and tumultuous assembly’.
Balcombe J added: ‘I would also like to express my complete agreement with the judgment of Mr Justice Lyell in Dwyer’s case.’

Judges:

Kerr, Balcombe LJJ, Sir Roualeyn Cumming-Bruce

Citations:

Times 15-Jul-1988

Statutes:

Riot (Damages) Act 1886 2

Jurisdiction:

England and Wales

Citing:

Approved – J W Dwyer Ltd v Metropolitan Police District Receiver 1967
The owner of a jewellery shop claimed to recover compensation from the police for damage to his shop in a smash and grab raid. Since there were more than 3 robbers, the police accepted that there had been a riot but defended the claim on the basis . .

Cited by:

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 – Bedfordshire Police Authority v Constable CA 12-Feb-2009
The police had responded to a riot at Yarlswood detention centre. They had insurance to cover their liability under the 1886 Act, but the re-insurers said that the insurance did not cover the event, saying that the liability was for statutory . .
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, Damages

Updated: 18 June 2022; Ref: scu.270265

Graham v Police Service Commission and Another: PC 20 Dec 2011

(Trinidad and Tobago) The duty of an authority responding to a judicial review ‘extends to disclosure of ‘materials which are reasonably required for the court to arrive at an accurate decision”

Judges:

Lord Hope, Lord Clarke, Lord Dyson, Sir John Laws, Sir Patrick Elias

Citations:

[2011] UKPC 46

Links:

Bailii

Jurisdiction:

England and Wales

Police, Judicial Review

Updated: 17 June 2022; Ref: scu.457615

Pitchers v Surrey County Council: CA 2 Jan 1923

The claimant sought payment for damages to his property after imprisoned Canadian troops were released and came into the town causing damage.
Held: Lord Sterndale said: ‘it is said that this camp under the circumstances ceased to be within the police district. The circumstances are that this camp was inhabited by soldiers who were under military discipline and control by military police. It was more convenient and very much wiser that soldiers . . should be controlled by their own police than by the civilian police in the district . . But that is a long way from saying that the camp and the soldiers are to be taken out of the jurisdiction, if I may call it so, of the civilian police, and that the civilian police are in law to be deprived of the rights they would otherwise have within that part of the police district. There is no foundation, in my opinion, for saying anything of that sort. For convenience the officers wisely employed pickets and military police to look after the soldiers, and for convenience the police do not interfere, as a rule, but they still maintain their rights in that part of the police district just the same as they do in other parts of it. There may be difficulties in their way in exercising those rights because of the necessarily superior forces possessed by the military powers in time of war; but that does not affect the legal position in the least. Therefore it seems to me quite clear that this camp was within the police district, and the first requisite to bring the matter within the act is satisfied.’
Warrington LJ said: ‘Then it is said that the act must be so construed, whether by rule of commonsense or otherwise, as to exclude for the purposes of the Act from the expression ‘Police District’ any district in which a body, not the ordinary civilian police, is by law charged with the maintenance of law and order, and is itself empowered to maintain a police force; and it is said that this area is such a district because the military authorities were charged with the maintenance of law and order, I suppose so far as those who were under their jurisdiction were concerned, and were empowered to maintain a police force. In my opinion that proposition is quite unsustainable; there is no authority for it; nor can I in reason see any ground for contending that, because the particular individuals who formed the military body were subject to military discipline, the area in which they lived should be withdrawn from the ordinary police protection of the rest of the county . . But it is said that because they were soldiers and because their offence had the added gravity of being a mutiny, therefore they were not in civil law riotously and tumultuously assembled together. Really I fail to follow that. The Act of Parliament makes no exception at all – it provides simply that if injury is done by any persons riotously and tumultuously assembled together, then compensation is to be paid by the police authority in whose district that riot takes place.’
Atkin LJ said: ‘The area is part of the county of Surrey, but it is said that by virtue of the powers which the military authorities possess, having taken possession of it as I have mentioned, that area ceased to be part of the police district as defined under the Act and was taken out of it . . No authority has been suggested for that proposition, and it cannot be contended that military barracks are an Alsatia. The law runs there. Everybody in the military barracks is subject to the criminal law and to the civil law, and the police authorities have the ordinary rights to enforce process there, subject to such limitations as may be imposed by the fact that the premises are premises of the Crown . . The argument to the contrary consisted of a combination of two circumstances – namely that they were both soldiers and acting within the area of the camp. It can hardly be doubted but that if they were soldiers, that is to say subject to military law, and this offence were committed outside the camp, it would be within the Act. I can see no reason why it should not be. The possibility of a disturbance by three or four soldiers, which is enough to constitute a riot, must have been well within the contemplation of the Legislature at the time when they made this provision, and if in fact a riot took place within a camp or within barracks and damage is done, I see no reason why a person so damaged should not recover compensation. In an ordinary case if damage is done in barracks, the damage for the most part would be done to Crown property. I am far from saying that the Crown would not be entitled under those circumstances to recover compensation. Of course questions would arise which under the Act with regard to damage would make it difficult in some cases, at any rate, to recover compensation. For the above reasons it appears to me that the case is made out.’

Judges:

Lord Sterndale MR, Warrington and Atkin LJJ

Citations:

[1923] 2 KB 70

Statutes:

Riot (Damages) Act 1886

Jurisdiction:

England and Wales

Citing:

Appeal From – Pitchers v Surrey County Council 1923
In 1919 there was a riot involving Canadian soldiers from a local Camp. They released fellow soldiers in custody and raided the officers’ mess, and damaged and stole the contents of a tailor’s shop and other shops known as ‘Tin Town’ – a group of . .

Cited by:

Applied – 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, Damages

Updated: 17 June 2022; Ref: scu.377516

Kent Constabulary v Baskerville: CA 3 Sep 2003

Whether a Chief Constable can be made liable under the 1975 Act for sexual harassment and other acts of discrimination committed by one of his officers against another of his officers.

Citations:

[2003] EWCA Civ 1354, [2003] ICR 1463, [2003] Po LR 437

Links:

Bailii

Statutes:

Sex Discrimination Act 1975

Jurisdiction:

England and Wales

Police, Discrimination

Updated: 13 June 2022; Ref: scu.461732

O’Kelly v Harvey: CA 1883

The plaintiff, a nationalist Member of Parliament, sued the defendant for assault and battery. There was to be a meeting of the Land League. On the day before, a placard summoned local Orangemen to oppose it. The defendant, a justice of the peace was at the meeting. He knew of the placard and believed on reasonable and probable grounds that the only way of preventing a breach of the peace when the Orangemen arrived was to order the meeting to separate and disperse. The defendant asked the plaintiff and the other persons who were assembled to disperse and, when they failed to do so, he laid his hand on the plaintiff in order to disperse the meeting.
Held: If made out, these averments would constitute a sufficient defence to the action. Law C explained the position: ‘The question then seems to be reduced to this: assuming the plaintiff and others assembled with him to be doing nothing unlawful, but yet that there were reasonable grounds for the defendant believing, as he did, that there would be a breach of the peace if they continued so assembled, and that there was no other way in which the breach of the peace could be avoided but by stopping and dispersing the plaintiff’s meeting – was the defendant justified in taking the necessary steps to stop and disperse it? In my opinion he was so justified, under the peculiar circumstances stated in the defence, and which for the present must be taken as admitted to be there truly stated. Under such circumstances the defendant was not to defer action until a breach of the peace had actually been committed. His paramount duty was to preserve the peace unbroken, and that, by whatever means were available for the purpose. Furthermore, the duty of a justice of the peace being to preserve the peace unbroken he is, of course, entitled and in part bound, to intervene the moment he has reasonable apprehensions of a breach of the peace being imminent; and therefore, he must in such cases necessarily act on his own reasonable and bona fide belief, as to what is likely to occur. Accordingly in the present case, even assuming that the danger to the public peace arose altogether from the threatened attack of another body on the plaintiff and his friends, still if the defendant believed and had just grounds for believing that the peace could only be preserved by withdrawing the plaintiff and his friends from the attack with which they were threatened, it was, I think, the duty of the defendant to take that course.’ and
‘I assume here that the plaintiff’s meeting was not unlawful. But the question still remains – was not the defendant justified in separating and dispersing it if he had reasonable ground for his belief that by no other possible means could he perform his duty of preserving the public peace. For the reasons already given, I think he was so justified, and therefore that the defence in question is good . . .’ The common law guards against the danger of a police officer acting incorrectly in anticipating events to avoid a breach of the peace by insisting that the duty arises only when the police officer apprehends that a breach of the peace is ‘imminent’.

Citations:

(1883) 14 LR Ir 105

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

Updated: 13 June 2022; Ref: scu.247476

A, Re Application for Judicial Review: QBNI 25 Jun 2001

The applicant, who feared for his life if identified, sought the release to him of materials discovered by the police in searching premises associated with a loyalist paramiliitary group. He thought that they might include information sourced form the security services. The request was refused. The police offered assistance and advice with the applicant’s security instead.
Held: The state had a duty to assess such a risk, and to provide some information to the applicant, but also had a margin of appreciation as to how it would protect the lives of an individual. He was not entitled to obtain this information in order to take proceedings himself against those who had released information about him. He remained free to take proceedings if he wished.

Judges:

Kerr J

Citations:

[2001] NIQB 21

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

Cited – Ogur v Turkey ECHR 20-May-1999
A nightwatchman at a mining site, the claimant’s son, was killed one morning by Turkish security forces when he was coming off duty. The Government said that the scene of the incident had been used as a shelter by terrorists. The applicant claimed . .
Cited – Aydin v Turkey ECHR 25-Sep-1997
ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel); Violation of Art. 3; Violation of Art. 13; Not necessary to examine Art. 6-1; No violation of Art. 25-1; Not necessary to . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Regina v Director of Public Prosecutions, ex parte Kebilene and others HL 28-Oct-1999
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for . .
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 – Velikova v Bulgaria ECHR 18-May-2000
The applicant complained under Articles 2, 6, 13 and 14 of the Convention in respect inter alia of the alleged ineffective investigation into the death in police custody of Mr Tsonchev, the man with whom she had been living.
Held: ‘The Court . .
Cited – Aytekin v Turkey ECHR 23-Sep-1998
The applicant was the widow of a man who was unlawfully killed by a soldier. The soldier had been prosecuted for causing the death of the applicant’s husband and had been convicted of unintentional homicide. The widow’s appeal against the verdict . .
Lists of cited by and citing cases may be incomplete.

Police, Administrative

Updated: 13 June 2022; Ref: scu.202147

Wood v West Midlands Police: QBD 8 Dec 2003

The claimant’s busness partner had been investigated by the police. He claimed in defamation after a senior officer circulated business associates and others informing them of the prosecution and suggesting the partners’s guilt. He said he was defamed by association. The partner was acquitted.
Held: Tudendhat J struck out the defence of qualified privilege as having no real prospect of success because in his judgment there was no lawful justification, still less any duty, on the chief constable to disclose the information that he did in so far as it concerned the claimant.

Judges:

Tugendhat J

Citations:

[2003] EWHC 2971 (QB), [2004] EMLR 17

Links:

Bailii

Cited by:

Appeal from – Wood v Chief Constable West Midlands Police CA 8-Dec-2004
The claimant was a director of a limited company. A Detective Chief Inspector with responsibility for crime prevention was investigating a series of car thefts and arrested the claimant’s business partner and, before the accused had even stood his . .
Cited – Clift v Slough Borough Council and Another QBD 6-Jul-2009
The claimant sought damages for defamation. The council had decided that she had threatened a member of staff and notified various people, and entered her name on a violent persons register. She alleged malice, the council pleaded justification and . .
Lists of cited by and citing cases may be incomplete.

Defamation, Police

Updated: 13 June 2022; Ref: scu.201655

Regina v Fulling: CACD 1987

It was alleged that evidence had been obtained by police oppression. She had at first refused to answer questions, but an officer talked to her during a break between interviews, telling her that her lover had been having an affair. The circumstances caused the appellant severe distress, and she made admissions in the following interview.
Held: The defendant’s appeal was dismissed.
Applying 76(2)(a), the Court stated, obiter dicta that it was ‘abundantly clear that a confession may be invalidated under Section 76(2)(b) where there is no suspicion of impropriety’. In a criminal jurisdiction the word ‘oppression’ should be given its ordinary dictionary meaning of ‘the exercise of authority or power in a burdensome, harsh, or wrongful manner; unjust or cruel treatment of subjects, unfairness etc, or the imposition of unreasonable or unjust burdens.’ One of the quotations given under that paragraph runs as follows: ‘There is not a word in our language which expresses more detestable wickedness than oppression. ‘We find it hard to envisage any circumstances in which such oppression would not entail some impropriety on the part of the interrogator.’

Judges:

Lord Lane LCJ, Taylor, Henry JJ

Citations:

[1987] QB 426, [1987] EWCA Crim 4, [1987] 2 All ER 65, [1987] 2 WLR 923, (1987) 151 JP 485, (1987) 85 Cr App Rep 136, [1987] Crim LR 492

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 76(2)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Priestley CACD 1965
(Note) Sachs LJ considered the meaning of the word ‘oppression’ in the context of a police interview, saying: ‘this word, in the context of the principles under consideration, imports something which tends to sap and has sapped that free will which . .
Cited – Callis v Gunn CCA 1964
Evidence obtained by false representations, threats and bribes by the police may be excluded at the discretion of the judge. For voluntariness to be satisfactorily proved, proof must be provided to the standard of beyond reasonable doubt.
Lord . .
Cited – Regina v Prager CACD 1972
The judge’s discretion to exclude a statement on the ground that its admission would be unfair is a matter of degree, but the first and principal decision is whether the prosecution has proved that it was made voluntarily. The court discussed what . .
Cited – Director of Public Prosecutions v Ping Lin PC 1976
The Board was asked whether a statement by the defendant was shown to be voluntary.
Held: A trial Judge faced by the problem should approach the task in a common sense way and should ask himself whether the prosecution had proved that the . .
Cited – Regina v Rennie CACD 1982
In the course of an interrogation, the detective sergeant, after telling the appellant the gist of the information already possessed by the police, said ‘Do me a favour, this was a joint operation by your family to defraud the bank, wasn’t it?’ and . .
Cited – Bank of England v Vagliano Brothers HL 5-Mar-1891
The court considered the interpretation of the 1882 Act, which was said to be a codifying Act.
Held: An Act is to be ascertained in the first instance from the natural meaning of its language and is not to be qualified by considerations . .
Cited – Bristol Tramways and Carriage Co Ltd v Fiat Motors Ltd CA 1910
The plaintiff complained after the purchase of a Fiat Omnibus chassis ‘for the road’, to be used for the conveyance of passengers around Bristol, in heavy and hilly traffic conditions. The chassis proved unfit for this purpose on account of . .

Cited by:

Cited – Hasan, Regina v HL 17-Mar-2005
The House was asked two questions: the meaning of ‘confession’ for the purposes of section 76(1) of the 1984 Act, and as to the defence of duress. The defendant had been involved in burglary, being told his family would be harmed if he refused. The . .
Cited – Ali Hussein v Secretary of State for Defence Admn 1-Feb-2013
The claimant sought to challenge the legality of techniques of interrogation intended to be used by forces members detaining person captured in Afghanistan. He had himself been mistreated by such officers in Iraq. The defendant denied he had . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Police

Updated: 11 June 2022; Ref: scu.200605

Regina on the Application of Sussex Police Authority v Dr Cooling, French: QBD 22 Jul 2004

Judges:

Mr Justice Collins

Citations:

[2004] EWHC 1920 (Admin)

Links:

Bailii

Statutes:

Police Pensions Regulations 1987

Jurisdiction:

England and Wales

Cited by:

Cited – Merseyside Police Authority v Police Medical Appeal Board and others Admn 23-Jan-2009
Two police officers had been granted additional retirement annuities on the basis that they had been injured in the execution of their duty. The chief constable denied this. A police officer who was on annual leave was injured whilst exercising the . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 11 June 2022; Ref: scu.200312

McVeigh, O’Neill and Evans v United Kingdom: ECHR 1981

(Commission) The Commission was asked whether the retention of fingerprints or samples amounts to an interference with the right to respect for private life.
Held: A distinction was made between the taking of fingerprints, photographs and records, and their retention. As to retention: ‘it is open to question whether the retention of fingerprints, photographs and records of such information amounts to an interference with the applicants’ right to respect for private life under Article 8(1) of the Convention.’
As an island nation it has long been the British way to concentrate controls at its national frontiers, and to maintain a correspondingly greater freedom from random checks inland. This is not always the practice adopted in continental countries which have long land frontiers. But our geography gives us a unique opportunity to target checks where they are likely to be most effective; namely at the ‘choke points’ provided by our ports and airports. That, of course, is where immigration and customs controls are also to be found. But it is only by virtue of the PTA [ie the then Prevention of Terrorism (Temporary Provisions) Act 1989] that the police have any power to stop and question people passing through ports. Immigration checks on EU nationals having in most eases been reduced to a simple passport check, only a separate police check is likely to identify a terrorist suspect if he is a national of an EU country.’

Citations:

(1983) 5 EHRR 71, (1981) 25 DR 15, 8022/77, 8025/77, 8027/77, [1981] ECHR 11, (1982) DR 25

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Human Rights

Cited by:

Cited – S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper HL 22-Jul-2004
Police Retention of Suspects DNA and Fingerprints
The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life.
Held: The parts of DNA used for testing . .
Cited – 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: . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 11 June 2022; Ref: scu.199814

Taylor (A Child Proceeding By his Mother and Litigation Friend C M Taylor) v Chief Constable of Thames Valley Police: CA 6 Jul 2004

The Chief Constable appealed aganst a finding that his officers had wrongfully arrested and imprisoned the claimant. The claimant was 10 years old when arrested, and complained that the officers had not properly advised him of the nature and purpose of the arrest.
Held: ‘The question is thus whether, having regard to all the circumstances of the particular case, the person arrested was told in simple, non-technical language that he could understand, the essential legal and factual grounds for his arrest.’ The cases are fact sensitive. The claimant was told he was being arrested for a violent disorder on an identified previous occasion. To ask the officer to go further would invite even more doubt. As to the period of detention, the judge was entitled to find on the evidence that the delay in interview had been unreasonable.

Judges:

Lord Justice Clarke Lord Justice Sedley Vice-Chancellor, The Vice-Chancellor

Citations:

[2004] EWCA Civ 858, Times 13-Jul-2004, [2004] 3 All ER 503, [2004] 1 WLR 3155

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Christie v Leachinsky HL 25-Mar-1947
Arrested Person must be told basis of the Arrest
Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .
Cited – Murphy v Oxford CA 15-Feb-1985
. .
Cited – Abbassy v Commissioner of Police for the Metropolis CA 28-Jul-1989
The court considered what information had to be given to a suspect on his arrest.
Held: The question whether or not the information given is adequate has to be assessed objectively having regard to the information which is reasonably available . .
Cited – Mercer v Chief Constable of Lancashire CA 1991
When justifying a detention, the Chief Constable must prove it ‘was lawful minute by minute and hour by hour’. . .
Cited – Fox, Campbell and Hartley v The United Kingdom ECHR 30-Aug-1990
The court considered the required basis for a reasonable suspicion to found an arrest without a warrant: ‘The ‘reasonableness’ of the suspicion on which an arrest must be based forms an essential part of the safeguard against arbitrary arrest and . .
Cited – Wilding v Chief Constable of Lancashire CA 22-May-1995
The court considered a claim by a woman for wrongful arrest and unlawful detention by police officers who had reasonably suspected her of burglary of the house of her former partner. In interview by the police, she denied the offence and made . .
Cited – Woods v Commissioner of Police for the Metropolis CA 26-May-1995
The court in considering the period of detention of the claimant, asked itself whether the circumstances were such that the decision of the custody sergeant was unreasonable in the sense that no custody sergeant, applying common sense to the . .

Cited by:

Cited – Sher and Others v Chief Constable of Greater Manchester Police and Others Admn 21-Jul-2010
The claimants, Pakistani students in the UK on student visas, had been arrested and held by the defendants under the 2000 Act before being released 13 days later without charge. They were at first held incognito. They said that their arrest and . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other, Children

Updated: 11 June 2022; Ref: scu.198601