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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Police - From: 1993 To: 1993

This page lists 15 cases, and was prepared on 02 April 2018.

 
Lunt v Director of Public Prosecutions [1993] Crim LR 534
1993
QBD

Crime, Police, Road Traffic
The defendant had been in a road traffic accident. The police came to his house to investigate the accident, but he refused to unlock the door to allow them entry. Stating reliance on section 4 of the 1988 Act, the officers threatened to force entry. He was later charged and convicted under section 51(3) of the 1964 Act of wilfully obstructing the officers. He now appealed saying that the officers had not given their reason for wanting entry. Held: The appeal failed. They had a statutory right to enter, and this was independent of any failure to give reasons. In such circumstamces, the failure to allow the officers entry could amount to the offence of wilful obstruction.
Road Traffic Act 1988 4 - Police Act 1964 51(3)
1 Cites


 
Welsh v Chief Constable of Merseyside Police [1993] 1 All ER 692
1993

Tudor Evans J
Negligence, Police
On conviction for one offence, the plaintiff asked for two other offences to be taken into consideration. He was bailed pending sentence. He was then arrested for the other offences and wrongfully held in custody. The Crown Prosecution Service had negligently failed to notify the police of the events in court. W sought damages. The claim was struck out and on appeal, the CPS relied on section 2(5) of the 1947 Act. Held: The immunity related only to the exercise of judicial functions. The process of notification of the request not a judicial act. Though the CPS had immunity when acting as advocate, this falure occurred in its general administrative duties. The claim was restored.
Crown Proceedings Act 1947
1 Cites

1 Citers


 
Ex parte Coventry Newspapers Ltd [1993] QB 278; [1993] 1 All ER 86; [1992] 3 WLR 916
1993
CA
Lord Taylor of Gosforth CJ
Defamation, Police, Information
Documents had been disclosed by the Police Complaints Authority under court order for an appeal against conviction. They related to an investigation of the conduct of police officers who had given evidence against the appellant. The newspaper, now being sued for libel by the same police officers, applied for the accused to be given leave to allow it to use the documents in its defence, on the basis that there was an implied undertaking which it was necessary to vary. Held: The court acceded to the newspaper's application. The interests of justice required the undertaking to be varied so as to allow the appellant in the criminal proceedings to hand over the documents to the newspaper upon its undertaking to use them only for the purposes of its defence. It was unnecessary to call those in whom the confidence inhered to consent to the disclosures.
Lord Taylor of Gosforth CJ said: "But for such proposed order the appellant would clearly be unable to hand over the documents: he would be subject to an implied undertaking, analogous to that arising on discovery in civil proceedings, not to use the disclosed documents otherwise than for the purposes for which discovery was given, here the pursuance of the criminal appeal, which is now, of course, successfully concluded." and
"We summarise our reasoning thus. Given the central objective of this category of public interest immunity as "the maintenance of an honourable, disciplined, law-abiding and uncorrupt police force," given the grave public disquiet understandably aroused by proven malpractice on the part of some at least of those who served in the now disbanded West Midlands Serious Crime Squad, given the extensive publicity already attaching to the documents here in question following the appellant's successful appeal, it seems to us nothing short of absurd to suppose that those who co-operated in this investigation - largely other police officers and court officials - will regret that co-operation, or that future generations of potential witnesses will withhold it, were this court now to release the documents to [the newspaper] to enable them to defeat if they can an allegedly corrupt claim in damages."
1 Citers


 
Regina v Chief Constable of the Lancashire Constabulary ex parte Parker [1993] 2 All ER 56
2 Jan 1993
Admn
Nolan LJ, Jowitt J
Police
There was a two paged document headed 'warrant to enter and search premises' which set out all the information required by section 15(6)(a). It did not, however, on its face identify the articles or persons to be sought in subparagraph (b). That information was contained in a separate schedule. The court rejected the submission that the former document constituted the warrant and the latter a distinct schedule which was independent of the warrant. The warrant was both documents taken together. Held: Nolan LJ said that he read "it" as to referring to the composite process of entering and searching under a warrant so that in order for that process to be lawful the application for and issue has to have been in compliance with section 15 and its execution has to comply with section 16. This does no violence to the language of the sub-section and gives effect to what seems to us to be its obvious legislative purpose.
Nolan LJ said that: "It will be seen that the two-paged document satisfies the requirements of para (a), and it is common ground that the one-paged document, the schedule, satisfied the requirements of para (b), so that taken together they constitute a warrant which complies with the provisions of sub-s(6). Taken separately, neither of them does so." As to the purpose of producing two certified copies, he said: "the need for two certified copies of the warrant is explicable in the following way. A copy has to be served on the occupier or left at the premises and the occupier needs a copy whose authenticity does not depend on the word of the police. For their part the police need to be able to retain an authentic copy for record purposes lest any question should arise over the legality of the warrant and its execution. They also should be able to rely on a copy for whose authenticity they are not responsible."
Police and Criminal Evidence Act 1984 15 16
1 Citers


 
Ancell v McDermott [1993] EWCA Civ 20; [1993] 4 All ER 355
29 Jan 1993
CA
Beldam LJ
Negligence, Police
The plaintiff sought damages in negligence. Diesel had been spilled on the road. Though police officers saw it and took basic steps, the deceased was in a car which skidded on the diesel some time later.
1 Citers

[ Bailii ]

 
 Regina v Croydon Justices Ex Parte Dean; QBD 9-Mar-1993 - Independent, 09 March 1993; [1993] QB 769; (1994) 98 Cr App R 76
 
Commissioner of Metropolitan Police v Locker Times, 16 March 1993; Independent, 19 March 1993
16 Mar 1993
EAT

Employment, Police
Police grievance procedure documents were not protected from disclosure through public interest immunity.

 
Ancell and Another v McDermott and Others Gazette, 17 March 1993; [1993] 4 All ER 355
17 Mar 1993
CA

Negligence, Police
Police are under no duty to warn road users of a hazard on road. The police have no general liability in negligence for reasons of public policy.
1 Citers



 
 Kelly v Chief Constable Hampshire and Another; CA 25-Mar-1993 - Independent, 25 March 1993

 
 Fraser v Mirza; HL 29-Mar-1993 - Ind Summary, 29 March 1993; [1993] SC (HL) 27; [1993] UKHL 14; 1993 SLT 527

 
 Davidson v Chief Constable of North Wales Police and Another; CA 31-May-1993 - Ind Summary, 31 May 1993; [1994] 2 All ER 597

 
 Regina v Wayne Ward; CACD 29-Jul-1993 - Times, 29 July 1993; (1993) 98 Cr App R 337

 
 Regina v Chief Constable of the West Midlands Police, Ex Parte Wiley Etc; CA 30-Sep-1993 - Times, 30 September 1993; Independent, 08 October 1993; Gazette, 08 December 1993
 
Jackson v Chief Constable of West Midlands Police Unreported, 22 October 1993
22 Oct 1993
QBD
Laws J
Police, Magistrates
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 money, but, because he (the magistrate) considered that it was the proceeds of the sale of controlled drugs, he declined to direct that the money be returned. In the Case Stated he said that for the money to be returned to Mr Jackson would have been ‘repugnant and contrary to public policy’. Held: Laws J dismissed Mr Jackson’s appeal. He referred to White -v- West Midlands Police. Having recorded that counsel for Mr Jackson had accepted ‘that if an applicant issues process in the Common Law Court on facts such as those of the present case, the defendant would be entitled to raise a public policy defence and the court would be entitled to give effect to it’.
Police (Property) Act 1897 1
1 Cites

1 Citers



 
 Regina v Hughes; CACD 12-Nov-1993 - Gazette, 08 December 1993; Ind Summary, 29 November 1993; Times, 12 November 1993
 
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