A colliery manager asked for police protection for his colliery during a strike. He wanted police officers to be billeted on the premises. The senior police officer for the area was willing to provide protection by a mobile force, but he refused to billet police officers at the colliery unless the manager agreed to pay for the additional service at a specified rate. The manager promised to do so, but when the police submitted their bill the company refused to pay it on the ground that it was the duty of the police to prove necessary police protection without payment.
Held: Any attempt by a police authority to extract payment for services which fell within the plain obligations of the police force should be firmly discountenanced by the courts. The police were however entitled to charge for special billeting of policemen at a colliery during a strike. It was lawful for the police to seek to charge for services which their public obligations would not otherwise oblige them to provide.
The police are under an absolute and unconditional obligation to take all steps which appear to them to be necessary for keeping the peace, for preventing crime or for protecting property from criminal injury.
Viscount Cave LC said: ‘No doubt there is an absolute and unconditional obligation binding the police authorities to take all steps which appear to them to be necessary for keeping the peace, for preventing crime, or for protecting property from criminal injury; and the public, who pay for this protection through the rates and taxes, cannot lawfully be called upon to make a further payment for that which is their right.’ and
‘But it has always been recognized that, where individuals desire that services of a special kind which, though not within the obligations of a police authority, can most effectively be rendered by them, should be performed by members of the police force, the police authorities may (to use an expression which is found in the Police Pensions Act, 1890) ‘lend’ the services of constables for that purpose in consideration of payment. Instances are the lending of constables on the occasions of large gatherings in and outside private premises, as on the occasions of weddings, athletic or boxing contests or race meetings, and the provision of constables at large railway stations.’ and
‘There may be services rendered by the police which, although not within the scope of their absolute obligations to the public, may yet fall within their powers, and in such cases public policy does not forbid their performance.’
Viscount Finlay said: ‘If a particular person desires protection of a special sort and the police can give this without interfering with the discharge of other duties elsewhere, it is difficult to see on what ground of public policy it should be illegal that a charge should be made in respect of special protection.’ and ‘There is no doubt that it is the duty of the police to give adequate protection to all persons and their property. In discharging this duty those in control of the police must exercise their judgment as to the manner in which the protection should be afforded.’
Viscount Finlay said: ‘There is no doubt that it is the duty of the police to give adequate protection to all persons and to their property … Beyond all question it is the duty of the police to give protection to the persons and property of all His Majesty’s subjects.’
Viscount Cave LC, Viscount Finlay
[1925] AC 270, [1924] UKHL 3
Bailii
England and Wales
Citing:
Approved – Glamorgan Coal Company Ltd v Glamorganshire Standing Joint Committee CA 1916
The court considered the duties on police constables to protect property.
Held: Pickford LJ said: ‘[The defendants] are the police authority and have to make proper police arrangements to maintain the peace. If one party to a dispute is . .
Cited by:
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 – Harris v Sheffield United Football Club Ltd CA 1987
The court was asked whether services provided by the police at Sheffield United Football Club for the club’s home fixtures were ‘special police services’ so that, if they were provided at the club’s request, the police could charge for them. Up . .
Cited – Reading Festival Ltd v West Yorkshire Police Authority CA 3-May-2006
The organisers of a music festival in Leeds appealed a decision that they were liable to pay in full a bill from the police for additional services in policing the festival.
Held: The organisers appeal succeeded. Whilst it was a matter for the . .
Cited – Greater Manchester Police v Wigan Athletic AFC Ltd ChD 21-Dec-2007
The claimant sought payment under section 25 from the defendant football club for the costs of policing football matches. The defendant said that the sums were not due since the events had been over-policed, and had not been agreed or requested.
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 – Greater Manchester Police v Wigan Athletic AFC Ltd CA 19-Dec-2008
The parties disputed the amounts payable by a football club to the police for the attendance of police officers at matches. The defendant appealed against a finding that it had requested the services for which charges had been made under section 25 . .
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 . .
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 . .
Cited – A, Regina (on The Application of) v B Admn 21-Jul-2010
The police intended to disclose the claimant’s sexual history to possible sexual partners, saying that his behaviour was putting them at risk of infection. . .
Cited – Michael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
Cited – Robinson v Chief Constable of West Yorkshire Police SC 8-Feb-2018
Limits to Police Exemption from Liability
The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence.
Held: Her appeal . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 October 2021; Ref: scu.242613