PC (Jamaica) Whilst chasing an armed criminal, the police officer tripped, discharging his gun, which hit the claimant. She sought damages. The officer claimed immunity under the Act.
Held: The dropping of the revolver and the discharging of the round were not for the purpose of vindicating and giving effect to the law, and the officer did not have immunity. In the historical context of the distinction between an action on the case and an action for trespass, a claim in respect of consequential injury arising from negligence would have been brought as an action on the case. Therefore it would have been unnecessary to provide in section 33 that: ‘Every action to be brought against any Constable for any act done by him in the execution of his office, shall be an action on the case as for a tort’, if that section was to apply to a claim in negligence for consequential injury.
Judges:
Lord Slynn of Hadley, Lord Steyn, Lord Clyde, Lord Hutton, Sir Andrew Leggatt
Citations:
[1999] UKPC 17, Appeal No 32 of 1997
Links:
Statutes:
Constabulary Force Act 1935 33
Citing:
Cited – Trobridge v Hardy 1995
(High Court of Australia) Police (W.A.) – Action against police constable – Acts done in carrying the provisions of the Police Act 1892-1953 into effect – Person ‘suspected of offending against’ Act – Statutory protection without. ‘direct proof of . .
Cited – Hermann v Seneschal 1862
In considering immunity given to officers acting in execution of their duty, ‘I think the governing question for the jury was, whether the defendant really believed that the facts existed which would bring the case within the statute . . , and . .
Cited – Theobald v Crichmore 1818
The object (sc. of the protective statute) ‘was clearly to protect persons acting illegally, but in supposed pursuance, and with a bona fide intention of discharging their duty under the Act of Parliament’ . .
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 . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Personal Injury, Police
Updated: 06 June 2022; Ref: scu.174597