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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: 1994 To: 1994

This page lists 19 cases, and was prepared on 02 April 2018.

 
Brawls v Walkingshaw 1994 SCCR 7
1994
HCJ
Lord Justice-General Hope
Police
The court interpreted what was meant by 'detained' within the section: "The essential element of detention, within the proper meaning of that word, is the intervention of some outside agency to ensure that the person remains where he has been put. To detain somebody is to keep him in confinement or under restraint."
Criminal Justice (Scotland) Act 1980 2
1 Citers



 
 McLeod, Mealing (deceased) v Metropolitan Police Commissioner; CA 3-Feb-1994 - Ind Summary, 21 February 1994; [1994] EWCA Civ 2; [1994] 4 All ER 553
 
Raimondo v Italy [1994] ECHR 3; 12954/87; (1994) 18 EHRR 237
22 Feb 1994
ECHR

Human Rights, Police
The applicant was arrested and placed under house arrest on charges relating to his association with the Mafia. As an interim measure some of his property was seized. The proceedings ended in his acquittal. He claimed that the seizure of his property was a violation of his rights under A1P1. Held: His complaint was dismissed.The procedure was "not comparable to a criminal sanction because it was designed to prevent the commission of offences." It followed that the proceedings concerning the supervision did not involve the determination of a criminal charge, and article 6 did not apply. The seizure, as a provisional measure intended to ensure that property which appeared to be the fruit of unlawful activities carried out to the detriment of the community could subsequently be confiscated if necessary, was justified by the general interest. In view of the extremely dangerous economic power of an organisation like the Mafia, it could not be said that taking the step of seizing the property at an early stage of the proceedings was disproportionate to the aim pursued. There was an additional complaint that the property was not only seized but confiscated. However, the confiscation order was rescindable and had in fact been rescinded. In practical terms it entailed no additional restriction to the seizure, and therefore the respondent state was held not to have overstepped the margin of appreciation available to it.
European Convention on Human Rights 6
1 Citers

[ Bailii ] - [ Bailii ]
 
Regina v Secretary of State Home Department, ex parte Barr and Others Times, 18 March 1994
18 Mar 1994
CA

Police
Home Secretary is not obliged to accept findings of fact from appeal tribunal.
Police Act 1964 37

 
Faulkner v Chief Adjudication Officer Times, 08 April 1994
8 Apr 1994
CA

Benefits, Police
Attending a football match was not 'in the course' of his employment as a police officer.

 
Regina v Secretary of State for Home Department ex parte Barr and Others Ind Summary, 18 April 1994
18 Apr 1994
CA

Police
The Home Secretary is not bound to accept the findings of a police disciplinary tribunal.


 
 Regina v Chief Constable of Northumbria Police Ex Parte Charlton; QBD 6-May-1994 - Times, 06 May 1994

 
 Regina v Chief Constable of West Midlands Ex Parte Carroll; CA 10-May-1994 - Ind Summary, 06 June 1994
 
Regina v Secretary of State for Home Department ex parte Harrison Times, 17 May 1994
17 May 1994
QBD

Police
The Home Secretary was entitled to decide an appeal on the papers before him even if he disagrees with the Inspector's conclusions.
Police Act 1964 37


 
 Regina v Chief Constable of West Midlands Police Ex Parte Carroll; CA 20-May-1994 - Times, 20 May 1994
 
Regina v Home Secretary Ex Parte Nelson Independent, 02 June 1994
2 Jun 1994
QBD

Police
The Home Secretary's letter dismissing a police constable was invalid. He didn't state a proper reason.


 
 Regina v Chief Constable of West Midlands Police Ex Parte Wiley; Other Similar; HL 14-Jul-1994 - Independent, 15 July 1994; Times, 15 July 1994; Gazette, 02 November 1994; [1995] 1 AC 274; [1994] UKHL 8; [1994] 3 WLR 433; [1994] 3 All ER 420
 
Regina v Cooke (Stephen) Ind Summary, 05 September 1994; Times, 10 August 1994; Gazette, 07 October 1994
10 Aug 1994
CACD

Police, Criminal Evidence
A sample of hair taken without the suspect's consent was not an intimate sample, and did not require the associated permissions and procedures. Evidence derived from such a sample was accordingly admissible in evidence.
Police and Criminal Evidence Act 1984 65

 
Treadaway v Chief Constable of West Midlands Times, 25 October 1994; Independent, 23 September 1994
23 Sep 1994
QBD

Damages, Police
The torture of a suspect by police justified aggravated and exemplary damages, in this case £50,000. Damages for a serious assault by police are not to be reduced for the character of the plaintiff.
1 Cites

1 Citers


 
Regina v Dorset Police Authority Ex Parte Vaughan Ind Summary, 10 October 1994
10 Oct 1994
QBD

Police
A doctor's decision on the appropriateness of a police officer's health for retirement purposes was challengeable only for a misunderstanding of the rules applicable.


 
 Regina v Commissioner of Police of the Metropolis and Another Ex Parte Bennett; QBD 10-Nov-1994 - Times, 10 November 1994; Ind Summary, 09 January 1995

 
 Elguzouli-Daf v Commissioner of Police of the Metropolis and Another; CA 16-Nov-1994 - Times, 23 November 1994; [1995] QB 335; [1995] 1 All ER 833; [1994] EWCA Civ 4; [1995] 2 WLR 173
 
Regina v Piggott Unreported transcript 2 November 1994
2 Dec 1994


Criminal Sentencing, Police
The offender had pleaded guilty to two offences of robbery. He sought to rely on information he had provided to the police in mitigaion. At a hearing before the sentencing judge on 4 November 1993, the police provided the court with a text. At a further hearing on 24 November 1993, defence counsel indicated that there was further relevant material not set out in the text. Prosecuting counsel said he did not know if there was any more information. The judge adjourned sentence for 14 days to enable the defence to put matters before the prosecution. When the case was listed for sentence, there was no new material and the judge proceeded to sentence. The offender appealed and was granted leave on the basis that he had provided material to the court which, if confirmed by the police, would be relevant to sentence. The court directed that the prosecution attend on the appeal and that it should put itself in a position where it could confirm or not confirm the material put forward by the offender. When the appeal was brought on for hearing, no more information had been provided; after argument, the court directed that any relevant information be provided. When the court next sat for the hearing of the appeal, information was provided that broadly confirmed the matters that the offender had sought to have confirmed before the trial judge. Held: The court was critical of the position taken by the police. It observed: "More important the sentencing judge was not made aware of matters of potential relevance to his sentencing decision when the interests of justice required that he should have been given the information now available to this court.
The position facing police officers in the present context is never straight forward and requires careful judgment. However, we reject any suggestion that the decision whether to provide a text or not is simply a matter for the discretion of the police. In principle, if a defendant seeks to put material before the court by way of mitigation, which the court will not begin to consider unless confirmed in writing by the prosecution authority, then accurate information in the appropriate form confirming or refuting, in whole or in part, the assertions made by or on behalf of the defendant should be made available to the sentencing court by the prosecution."
1 Citers


 
Bennett v Commissioner of Police of the Metropolis and Others Times, 28 December 1994
28 Dec 1994
Admn

Torts - Other, Police
An intention to injure is a necessary element of the tort of public misfeasance.

 
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