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 proceedings, but then, after receiving representations from the officer and his refusal to accept a written warning, had changed its decision, and recommended words of advice. She had argued that upon issuing its decision, the Commission was functus officio, and was unable to change its mind.
Held: The Commission was not functus officio. The situation was compared to the continuing duty of the CPS to keep a decision to prosecute under review. As to the suggestion that the decision to recommend words of advice was ultra vires, it was not (see Manning), and nor was it irrational.
Calvert Smith J
[2010] EWHC 3625 (Admin)
Bailii
Police Act 1996 87
England and Wales
Citing:
Cited – Dennis, Regina (on the Application of) v Independent Police Complaints Commission Admn 6-May-2008
The claimant was stood at her door when she was taken by police officers, an armed gun pointed at her, laid on the ground and her hands bound. She was held for fifteen minutes. She was entirely innocent, but the officers were looking for armed . .
Cited – Leveratt v Independent Police Complaints Commission CA 2010
The claimant had said that he wished to appeal against the decision made by the respondent on his complaint. The Commission replied that it was functus officio.
Held: Wall LJ said: ‘The IPCC took the view that it was in the lawyer’s phrase, . .
Cited – Clare, Regina (on the Application of) v Commissioner of Police; Independent Police Complaint Commission Admn 15-Apr-2005
The complainant had made a complaint against police officers of assault. Criminal proceedings against the complainant were discontinued by the Crown Prosecution Service. Following that acquittal her solicitors wrote with her complaint against them, . .
Lists of cited by and citing cases may be incomplete.
Police
Leading Case
Updated: 09 November 2021; Ref: scu.467073
