swarb.co.uk - law index
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Police - From: 2001 To: 2001
This page lists 68 cases, and was prepared on 02 April 2018.
Regina (on the application of Chief Constable of Northamptonshire Police) v Daventry Justices [2001] EWHC Admin 446
2001
Police, Magistrates
Appeals against decisions by magistrates under the Act can be by way of application for judicial review.
Police (Property) Act 1897 1(1)
1 Citers
Regina (on the application of Whitehead and Daglish) v Chief Constable of Avon and Somerset; Admn 2001 - [2001] EWHC Admin 433
Regina (A) v Chief Constable of C [2001] 1 WLR 461
2001
QBD
Turner J
Police, Human Rights, Information
The court considered the disclosure of unproved allegations as between police forces. Police authorities had disclosed information concerning the claimant to each other and in one case to a local authority. The information related to allegations of criminal conduct by the applicant towards children. These had been investigated but never prosecuted. The information was divulged to a prospective employer following the application by the claimant for a job as a primary school teacher. Held: The court should consider whether a 'pressing need' could be shown.
There was no "decision" such as to attract an obligation requiring to be judged according to the rules of procedural fairness (and therefore by implication no Article 6(1) claim): "What then of the position of the D constabulary when the information was passed by them to the local education authority? There cannot be the slightest doubt that the local education authority had a lawful interest and a "pressing" need to receive the information which was in the possession of the county police since it was or could be important as affecting the decision which it was required to make. In one sense, the local education authority was the body best qualified to decide what, if anything, it would make of the information with which it was being provided. If it was uncertain about the strength of the complaints and needed to know more in order that it could make an informed decision, it was always at liberty to ask for assistance from the communicating police force for its opinion about that matter. It would thereafter be for it to decide whether, or to what extent, the non-conviction material should inform its decision. Before it did, it would, of course, have to provide the applicant with at least the gist of that information and offer him the opportunity to make representations about it."
1 Citers
Brown v Sussex Chief Constable [2001] EWCA Civ 15
12 Jan 2001
CA
Schiemann LJ
Police, Negligence
The claimant's action alleging damages flowing from police negligence had been struck out as disclosing no cause of action. He now sought leave to appeal. Held: The court could see no fault in the first refusal of leave, and the request was refused.
[ Bailii ]
Gourlay and Barron for Judicial Review of a Pretended Decision of the Assistant Chief Constable of Lothian and Borders Police [2001] ScotCS 29
9 Feb 2001
SCS
Police
[ Bailii ]
O'Leary v The Chief Constable Of The Merseyside Police; Admn 9-Feb-2001 - [2001] HC Admin 7
Miles and Another, Regina (on the Application Of) v Kent Police Authority and Another [2001] EWCA Civ 236
13 Feb 2001
CA
Aldous LJ
Police
Police (Anonymous, Repetitious etc. Complaints) Regulations 1985
[ Bailii ]
Hough v Chief Constable of Staffordshire Police; CA 14-Feb-2001 - Times, 14 February 2001; Gazette, 05 April 2001; [2001] EWCA Civ 39
Regina v Customs and Excise ex parte Greater Manchester Police [2001] EWCA Civ 213; [2001] BVC 186; [2001] BTC 5111; [2001] STC 406; [2001] STI 243
20 Feb 2001
CA
Aldous, Robert Walker, Hale LJJ
VAT, Police
[ Bailii ]
Regina (ex parte Stunt) v Commissioner of Police of the Metropolis (Mallett); CA 23-Feb-2001 - Times, 20 March 2001; Gazette, 20 April 2001; [2001] EWCA Civ 265; [2001] ICR 989
Henderson v Cleveland Constabulary [2001] EWCA Civ 335; [2001] 1 WLR 1103
27 Feb 2001
CA
Police
The court was asked "Do the police have a discretion as to when to execute a default warrant for non-payment of a fine issued by a magistrates' court? If so, can they lawfully exercise that discretion in such a way as to delay execution of the default warrant in order to provide time in which to complete investigations relating to an offence for which a suspect has been arrested?"
[ Bailii ]
Regina v The Chief Constable of the Northumbria Constabulary ex parte Thompson; CA 8-Mar-2001 - Times, 20 March 2001; Gazette, 20 April 2001; [2001] EWCA Civ 321
L (Minor), P (Father) v Reading Borough Council Chief Constable of Thames Valley Police Gazette, 03 May 2001; [2001] EWCA Civ 346; [2001] 1 WLR 1575
12 Mar 2001
CA
Professional Negligence, Police, Litigation Practice
A social worker and police officer interviewed a child and father on allegations of sexual abuse made by the mother. No criminal proceedings followed, but the father alleged that the misrepresentation of the interviews by the officer and social worker led to later care proceedings. The allegations were false. The court allowed an appeal against an order striking out the case against the police officer. Having interviewed the father, and it having been decided that no criminal proceedings would follow, a duty of care had arisen as between the officer and the interviewee as to the future use of the material from the interview. The case against the police should not be struck out on the basis of a witness immunity in these circumstances.
1 Citers
[ Bailii ]
Regina v Commissioners of Customs and Excise Ex Greater Manchester Police Times, 13 March 2001
13 Mar 2001
CA
VAT, Police, Judicial Review
The police authority purchased new cars, and sought to reclaim the VAT paid. The case was brought by judicial review because no appeal lay against the refusal of the Commissioners to allow this. A government scheme was intended to allow publicly funded bodies to make reclaims of VAT notwithstanding that they were not registered for VAT. Since VAT registered bodies could not either make this particular reclaim on new car purchases. The scheme which blocked refund on certain items prevailed.
Value Added Tax (Input Tax) Order 1992 (1992 No 3222)
Henderson v Chief Constable of Cleveland Constabulary Times, 16 March 2001
16 Mar 2001
CA
Police, Torts - Other
Police arrested the claimant on Friday, but before releasing him on the Saturday they executed a warrant they had known about on arrest, resulting in his being kept in custody over the weekend. He claimed false imprisonment. The court held that the police had a discretion as to when to execute the warrant, but that discretion must not be exercised unreasonably. There may be many proper reasons for delaying the execution of the warrant, but a general policy which removed the discretion would be wrong.
Costello v Chief Constable of Derbyshire Constabulary; CA 22-Mar-2001 - [2001] EWCA Civ 381; [2001] 1 WLR 1437; [2001] 2 Lloyd's Rep 216; [2001] 3 All ER 150
Khan v Commissioner of Police for Metropolis [2001] EWCA Civ 544
5 Apr 2001
CA
Police
[ Bailii ]
Ogle v Thames Valley Police [2001] EWCA Civ 598
6 Apr 2001
CA
Police, Torts - Other
[ Bailii ]
Regina (John Morgan) v Chief Constable of South Wales [2001] EWHC Admin 262
9 Apr 2001
Admn
Police
[ Bailii ]
Purchase v Thames Valley Police [2001] EWCA Civ 682
11 Apr 2001
CA
Police, Torts - Other
The defendant sought leave to appeal an award of damages for assault by four police officres on the claimant. The jury had been asked various questions about their conclusions on the facts. The defendant said the answers given were inconsistent. Held: The answers were consistent with the jury taking different views of the actions of different officers. Leave refused.
1 Cites
[ Bailii ]
Orange v Chief Constable of West Yorkshire Police; CA 1-May-2001 - Times, 05 June 2001; Gazette, 14 June 2001; [2001] EWCA Civ 611; [2001] 3 WLR 736; [2002] QB 347; [2001] All ER (D) 07
Regina v Chief Constable of Merseyside Police, ex parte Carol Ann Bennion Times, 12 June 2001; Gazette, 21 June 2001; [2001] EWCA Civ 638; [2001] IRLR 442
4 May 2001
CA
Human Rights, Employment, Police
The claimant sought a judicial review against a Chief Constable against whose force she had made complaints of sex discrimination and victimisation, not to remit disciplinary proceedings against her under regulation 14 of the 1985 Regulations to another Chief Constable. Her complaint was that, in making that decision, he had not acted judicially. Held: The fact that a Chief Constable had been named as a defendant in proceedings brought by a constable, did not disqualify him from exercising his statutory duties as chief constable to hear disciplinary proceedings against the same constable. The regulations imposed an unequivocal duty on him to hear the complaint, and his general and continuing duties for the maintenance of discipline put him in a different position to that of a judge hearing a case.
Police (Discipline) Regulations 1985 (1985 No 518) 13.1
1 Cites
1 Citers
[ Bailii ]
Balchin v Chief Constable of Hampshire Constabulary; CA 4-May-2001 - Times, 04 May 2001; [2001] EWCA Civ 538
Carnduff v Inspector Rock and Chief Constable West Midlands Police; CA 11-May-2001 - Times, 30 May 2001; Gazette, 21 June 2001; [2001] EWCA Civ 680; [2001] 1 WLR 1786
Mullaney v Chief Constable of West Midlands Police; CA 15-May-2001 - [2001] EWCA Civ 700; Times, 09 July 2001
Shepherd v Cheshire Police [2001] EWCA Civ 843
17 May 2001
CA
Police, Torts - Other
[ Bailii ]
Keyse v Commissioner of the Police for the Metropolis, Scutts; CA 18-May-2001 - [2001] EWCA Civ 715
Mallon v Commissioner of Police for Metropolis [2001] EWCA Civ 898
5 Jun 2001
CA
Longmore J
Police
Application for leave to appeal against dismissal of claim against police for assault. Refused.
[ Bailii ]
Kuddus v Chief Constable of Leicestershire Constabulary; HL 7-Jun-2001 - Times, 13 June 2001; Gazette, 12 July 2001; [2001] UKHL 29; [2002] 2 AC 122; [2001] 3 All ER 193; [2001] 2 WLR 1789; (2001) 3 LGLR 45
Director of Public Prosecutions v Ara [2001] EWHC 493 (Admin); [2002] 1 Cr App R 16; [2002] 1 WLR 815; [2001] 4 All ER 559; [2002] 1 WLR 815
21 Jun 2001
Admn
Rose LJ, Silber J
Police, Criminal Practice
The Director challenged the decision of the magistrates to stay a prosecution of the defendant as an abuse of process. The defendant had been interviewed without a solicitor. He went away to seek legal advice. The solicitor requested a copy of the interview tape. None was provided, but a caution offered instead. The defendant refused the caution on advice because without the tape, the solicitor could not establish whether a caution was properly based. Held: The appeal failed.
Rose LJ said: "the justices were fully entitled to conclude that the proceedings should be stayed as an abuse of process, the police having refused to disclose the terms of the interview, without which informed advice and informed consent to a caution could not properly be given. I make it clear that this does not mean that there is a general obligation on the police to disclose material prior to charge. That would, in many cases, be impracticable and, in some cases, (for example where there is an ongoing investigation) highly undesirable, as well as being outwith the contemplation of the legislation, the code or anything to be implied therefrom. But, in the present case, the failure to disclose the terms of the interview followed by the institution and pursuit of a criminal trial in the circumstances described amply justified the justices in reaching the conclusion which they did. "
1 Cites
[ Bailii ]
A, Re Application for Judicial Review [2001] NIQB 21
25 Jun 2001
QBNI
Kerr J
Northern Ireland, Police, Administrative
The applicant, who feared for his life if identified, sought the release to him of materials discovered by the police in searching premises associated with a loyalist paramiliitary group. He thought that they might include information sourced form the security services. The request was refused. The police offered assistance and advice with the applicant's security instead. Held: The state had a duty to assess such a risk, and to provide some information to the applicant, but also had a margin of appreciation as to how it would protect the lives of an individual. He was not entitled to obtain this information in order to take proceedings himself against those who had released information about him. He remained free to take proceedings if he wished.
1 Cites
[ Bailii ]
Clarke v Chief Constable of West Midlands Police; CA 28-Jun-2001 - Gazette, 26 July 2001
Brown v South Yorkshire Police Authority [2001] EWCA Civ 1080
5 Jul 2001
CA
Police
[ Bailii ]
Surrey Police Authority v Beckett Times, 05 July 2001
5 Jul 2001
QBD
Police
Where a police officer's employment had terminated because of the expiry of his fixed term contract by effluxion of time, the police authority was unable to continue to prosecute a disciplinary offence against him.
Cleveland Police v Watson [2001] EWCA Civ 1144
10 Jul 2001
CA
Torts - Other, Police, Evidence
The Chief Constable renewed his application for leave to appeal against a judgment for damages for assault and malicious prosecution, saying that the judge had incorrectly not allowed mention of some of the claimant's convictions. Held: Some of the convictions were spent and had been correctly excluded.
Rehabilitation of Offenders Act 1974 7(3)
[ Bailii ]
Carson v Manweb Plc and Another [2001] EWCA Civ 1286
11 Jul 2001
CA
Mummery, Wilson LJJ
Land, Police
[ Bailii ]
McGrath v Chief Constable of the Royal Ulster Constabulary and Another; HL 12-Jul-2001 - Times, 13 July 2001; [2001] UKHL 39; [2001] 2 AC 731; [2001] 4 All ER 334; [2001] NI 303; [2001] 3 WLR 312
McQuade v Chief Constable of Humberside Police Times, 03 September 2001; Gazette, 13 September 2001
12 Jul 2001
CA
Gibson, Laws LJJ, Nourse
Crime, Police, Torts - Other
It was not necessary for there to be a common law breach of the peace on private premises, for there to be shown any disturbance to members of the public outside the premises. A head note in the case of McConnell was a mis-interpretation of that case, insofar as it suggested that any such disturbance was necessary.
1 Cites
Humberside Police v McQuade [2002] 1 WLR 1347; (2001) 165 JP 729; [2001] EWCA Civ 1330
12 Jul 2001
CA
Peter Gibson Lj, Law LJ, Sir Martin Nourse
Torts - Other, Personal Injury, Police, Police, Crime
Defendant's appeal against an order giving judgment for the claimant in the action for damages to be assessed for wrongful arrest and personal injury. The claimant had been arrested in his home, purportedly for a breach of the peace. There was no public element or public dimension involved in the circumstances of the arrest. Held: The appeal succeeded. McConnell was an authority binding on the court. Authority apart, it would be contrary to principle to hold that an act which would constitute a breach of the peace if committed in a public place, or on private premises where a person or persons other than the participants are affected by it, should cease to be such if committed on private premises where only the participants are involved. None of the authorities gives support for such a distinction, which could not be justified on grounds of public policy or otherwise.
1 Cites
[ Bailii ]
Humberside Police v McQuade [2002] 1 WLR 1347; (2001) 165 JP 729; [2001] EWCA Civ 1330
12 Jul 2001
CA
Peter Gibson Lj, Law LJ, Sir Martin Nourse
Torts - Other, Personal Injury, Police, Police, Crime
Defendant's appeal against an order giving judgment for the claimant in the action for damages to be assessed for wrongful arrest and personal injury. The claimant had been arrested in his home, purportedly for a breach of the peace. There was no public element or public dimension involved in the circumstances of the arrest. Held: The appeal succeeded. McConnell was an authority binding on the court. Authority apart, it would be contrary to principle to hold that an act which would constitute a breach of the peace if committed in a public place, or on private premises where a person or persons other than the participants are affected by it, should cease to be such if committed on private premises where only the participants are involved. None of the authorities gives support for such a distinction, which could not be justified on grounds of public policy or otherwise.
1 Cites
[ Bailii ]
Director of Public Prosecutions v Ara Times, 16 July 2001; Gazette, 23 August 2001
16 Jul 2001
QBD
Rose LJ, Silber J
Criminal Practice, Police
The defendant had been interviewed at the police station, and told that, in the light of his admission, he would be cautioned. He returned with a solicitor, who said that before he could advise his client to accept the caution, he needed to hear the interview tape, and to see the evidence. The police refused access, and the defendant was charged. He then successfully applied for the proceedings to be stayed as an abuse of process. The prosecutor appealed. The court said that without that information, the solicitor could not properly advise his client. The defendant was entitled to informed legal advice. This should not be taken as creating a general obligation on police to provide wide ranging disclosure before charge.
The Commissioner of Police of the Metropolis v Khalil EAT/582/01
19 Jul 2001
EAT
Mr Commissioner Howell QC
Police, Employment
The Commissioner appealed a refusal of an adjournment of a hearing expected to last many weeks. He said that it was impossible to decide disciplinary proceedings against the complainant at the same time as facing a complaint from him of racial discrimination. He said they would be hampered in approaching witnesses. The EAT considered there had been sufficient opportunity to make progress on the disciplinary proceedings, and the directions were confirmed.
EAT Procedural Issues - Employment Tribunal
Regina (Michael Rottman) v Commissioner of Police for Metropolis and Secretary of State for Home Department Times, 25 October 2001; [2001] EWHC Admin 576
24 Jul 2001
Admn
Lord Justice Brooke and Mr Justice Harrison
Police
There is no residual common law power of entry for police to enter into premises to execute a search without first obtaining a warrant, beyond that contained in the Act. The Act was intended to provide a complete statement of the powers of entry for the purpose identified by the section, namely searching a property after the arrest of a suspect without a warrant. Reasonable cause for suspicion was required to allow a search.
Police and Criminal Evidence Act 1984 18
1 Cites
1 Citers
[ Bailii ]
Isaac v West Midlands Police [2001] EWCA Civ 1405
24 Jul 2001
CA
Hale, Longmore LJJ
Police, Torts - Other, Damages
Defendant's application for leave to appeal against judgment of assault, false imprisonment and malicious prosecution for the claimant. Held: Appeal dismissed.
[ Bailii ]
Surrey Police Authority v Beckett [2001] EWCA Civ 1253
31 Jul 2001
CA
Police
The court was asked whether a senior police officer, suspended under police disciplinary regulations following a complaint made against him, whose appointment to office under a fixed term contract then expires by effluxion of time, nevertheless remains subject to the disciplinary process.
[ Bailii ]
Vellino v Chief Constable of Greater Manchester Police Times, 09 August 2001; [2001] EWCA Civ 1249; [2002] 1 WLR 218; [2002] PIQR P10; [2002] 3 All ER 78
31 Jul 2001
CA
Schiemann LJ, Sedley LJ, Stewart-Smith Sir
Police, Negligence
The police were not under any duty to protect someone who had been arrested from injuring himself in an attempt to escape. The claimant had a history of seeking to avoid capture by jumping from his flat window. On this occasion he injured himself in the fall. The doctrine of ex turpi no oritur actio applied. In order to establish a claim he would have to rely upon the illegality of his own act. No duty would arise before his arrest, and the arrest acted to increase his duty not to seek to escape. Some duties would arise to an arrested person, but not this.
Sir Murray Stuart-Smith Set out the following principles: "1. The operation of the principle arises where the claimant's claim is founded upon his own criminal or immoral act. The facts which give rise to the claim must be inextricably linked with the criminal activity. It is not sufficient if the criminal activity merely gives occasion for tortious conduct of the Defendant.
2. The principle is one of public policy; it is not for the benefit of the Defendant. Since if the principle applies, the cause of action does not arise, the Defendant's conduct is irrelevant. There is no question of proportionality between the conduct of the Claimant and Defendant.
3. In the case of criminal conduct this has to be sufficiently serious to merit the application of the principle. Generally speaking a crime punishable with imprisonment could be expected to qualify. If the offence is criminal, but relatively trivial, it is in any event difficult to see how it could be integral to the claim.
4. The Law Reform (Contributory Negligence) Act 1945 is not applicable where the Claimant's action amounts to a common law crime which does not give rise to liability in tort."
Law Reform (Contributory Negligence) Act 1945
1 Cites
1 Citers
[ Bailii ]
Surrey Police Authority v Beckett Times, 08 August 2001
31 Jul 2001
CA
Simon Brown LJ, Tuckey LJ, Laws LJ
Police, Employment
A senior police officer was employed on a fixed term contract, under which three months' notice of termination was required. As he approached the end of his contract, the authority sought to discipline him. The contract was not renewed, and the officer denied that the proceedings could continue. The authority sought to argue that notice should have been given to terminate the contract. The court held that the contract expired as it was intended. The Regulations had the effect of disallowing the continuation of the disciplinary proceedings.
Police (Discipline) (Senior Officers) Regulations 1985 (1985 No 519) 16(1) 23
Carmichele v Minister of Safety and Security (2001) 12 BHRC 60; [2001] ZACC 22; 2001 (4) SA 938 (CC); 2001 (10) BCLR 995 (CC)
16 Aug 2001
Ackermann, Goldstone JJ
Police, Negligence
Constitutional Court of South Africa - The applicant had been assaulted by a man awaiting trial for attempted rape. Both police and prosecutor had recommended bail despite a history of sexual violence. She applicant sued the ministers responsible for the police and prosecution service, saying that they had failed to ensure that the magistrate was properly informed about the risk he posed to women in the vicinity of his home, including the applicant. Her claim was dismissed by the High Court and its decision was upheld by the Supreme Court of Appeal, but she succeeded on appeal to the Constitutional Court, relying on a provision in section 39(2) of the constitution which required the courts when developing the common law to "promote the spirit, purport and objects of the Bill of Rights". The Constitutional Court decided that it would not be appropriate for itself to determine whether the law of delict required to be developed so as to afford a right to the applicant to claim damages if the police or prosecutor were negligent. It said that it was by no means clear how the constitutional obligations on the state should translate into private law duties towards individuals, and that the court would be at a grave disadvantage in deciding the issue without a fully reasoned judgment of the High Court or Court of Appeal. It set aside the decisions of the lower courts and remitted the matter to the High Court.
1 Citers
[ Saflii ]
Petition of Peter Phillips v Strathclyde Joint Police Board for Judicial Review [2001] ScotCS 208; [2001] ScotHC 90
17 Aug 2001
ScHC
Scotland, Police
[ Bailii ] - [ Bailii ]
Petition of Peter Phillips v Strathclyde Joint Police Board for Judicial Review
17 Aug 2001
SCS
Lord Hamilton
Scotland, Police
[ ScotC ]
Jordan, Re Application for Judicial Review [2001] NIQB 32
4 Sep 2001
QBNI
Kerr J
Northern Ireland, Police, Coroners, Human Rights
An application was made for the production of documents by the police to support representations to be made on behalf of the family of the deceased to the coroner. The police requested but were refused undertakings as to their use.
European Convention on Human Rights 2
1 Cites
1 Citers
[ Bailii ]
Chief Constable of Bedfordshire Police v Liversidge EAT/773/00; [2002] ICR 1135; [2001] UKEAT 773_00_2109
21 Sep 2001
EAT
The Honourable Mr Justice Lindsay (President)
Discrimination, Police, Employment, Employment, Discrimination, Employment
The Chief Constable appealed against a refusal to strike out a claim by the respondent that he had racially discriminated against her. Force members had used code words for racially abusive terms about her. The claim was that he was vicariously liable for the acts of his Force members. Liability was asserted against the chief constable under the De Vere case, but no assertion was pleaded to bring it within that rule. Held: Police officers are not employees in the simple sense, and the Act did not make the Chief Constable vicariously liable.
EAT Race Discrimination - Direct
Race Relations Act 1976 16 32(3)
1 Cites
1 Citers
[ Bailii ] - [ EATn ]
PG and JH v The United Kingdom [2001] Po LR 325; [2002] Crim LR 308; (2008) 46 EHRR 51; Times, 19 October 2001; 44787/98; [2001] ECHR 550; [2001] ECHR 44787/98; ECHR 2001 IX
25 Sep 2001
ECHR
J-P Costa, President, and Judges W. Fuhrmann, P. Kuris, F. Tulkens, K. Jungwiert, Sir Nicolas Bratza and K. Traja Section Registrar S. Doll
Human Rights, Police
The use of covert listening devices within a police station was an infringement of the right to privacy, since there was no system of law regulating such practices. That need not affect the right to a fair trial. The prosecution had a duty to disclose all relevant evidence to the defence. In this case the material which the prosecution sought to keep secret had not been relied upon in evidence, and the witness whom the defence had wished to cross examine had been examined by the judge in private. Voice samples which had been obtained without consent and were used to link recordings were to be treated in ways similar to other samples such as blood and hair and other objective physical samples.
"The Court also notes that the material which was not disclosed in the present case formed no part of the prosecution case whatever, and was never put to the jury. The fact that the need for disclosure was at all times under assessment by the trial judge provided a further, important safeguard in that it was his duty to monitor throughout the trial the fairness or otherwise of the evidence being withheld. It has not been suggested that the judge was not independent and impartial within the meaning of Article 6-1. He was fully versed in all the evidence and issues in the case and in a position to monitor the relevance to the defence of the withheld information both before and during the trial".
As to the scope of Article 8: "Private life is a broad term not susceptible to exhaustive definition. The Court has already held that elements such as gender identification, name and sexual orientation and sexual life are important elements of the personal sphere protected by Article 8. The Article also protects a right to identity and personal development, and the right to establish relationships with other human beings and the outside world . . There is, therefore, a zone of interaction of a person with others, even in a public context, which may fall within the scope of "private life." There are a number of elements relevant to a consideration of whether a person's private life is concerned in measures effected outside a person's home or private premises. Since there are occasions when people knowingly or intentionally involve themselves in activities which are or may be recorded or reported in a public manner, a person's reasonable expectations as to privacy may be a significant, though not necessarily conclusive, factor. A person who walks down the street will, inevitably, be visible to any member of the public who is also present. Monitoring by technological means of the same public scene (for example a security guard viewing through closed circuit television) is of a similar character. Private-life considerations may arise, however, once any systematic or permanent record comes into existence of such material from the public domain. It is for this reason that files gathered by security services on a particular individual fall within the scope of article 8, even where the information has not been gathered by any intrusive or covert method."
European Convention on Human Rights 6 8
1 Citers
[ Bailii ] - [ Bailii ]
The Chief Constable of the Bedfordshire Constabulary v M Graham EAT/1061/00
26 Sep 2001
EAT
The Honourable Mr Justice Douglas Brown
Police, Discrimination
The claimant was given a senior post in the force, but within the same division in which her policeman husband held a more senior post. The appointment was rescinded, and she claimed sex discrimination. She was found to have been indirectly discriminated against because of the marital relationship. The Force had suggested that the particular position of the police would make it wrong for two officers married to each other to hold senior positions within the same division. These difficulties included the lack of compellability against a spouse. This was a condition arising directly from the marital relationship. A greater proportion of women officers were in relationships with men officers than the other way round. There was proper justification for the finding of indirect discrimination.
EAT Sex Discrimination - Indirect
Sex Discrimination Act 1975 1(1)(b) 3(1)(b)
1 Cites
Chief Constable of Avon and Somerset Constabulary v Chew; EAT 27-Sep-2001 - EAT/503/00; [2001] UKEAT 503_00_2809
Director of Public Prosecutions v Avery Times, 08 November 2001; [2001] EWHC Admin 784
11 Oct 2001
QBD
Lord Justice Brooke and Mr Justice Newman
Police, Human Rights
The case concerned an appeal following a demonstration. The Chief constable had made an order under section 60, anticipating serious violence. The respondent wore a mask, and the officer reached out to remove it. She hit out and broke his glasses. He did nothing to identify himself or the purpose of his action. Magistrates decided he had failed to comply with the PACE requirements before his action. Held: The new section is a significant interference with the civil liberties of the citizen. However the request to remove the mask is explanation enough of its purpose. Parliament had considered these issues and set out the powers it required. The prosecution's appeal was allowed.
Criminal Justice and Public Order Act 1994 60 - Police and Criminal Evidence Act 1984
1 Cites
[ Bailii ]
Chief Constable of West Yorkshire Police v Khan; HL 11-Oct-2001 - Times, 16 October 2001; Gazette, 01 November 2001; [2001] UKHL 48; [2001] ICR 1065; [2001] 1 WLR 1947; [2001] 4 All ER 834; [2001] IRLR 830; [2001] Emp LR 1399
Robinson and Another v Northumbria Police Authority and Another [2001] EWCA Civ 1556
12 Oct 2001
CA
Police, Health and Safety, Negligence
Two police officers sought damages after their patrol car was trapped and attacked by youths. Senior officers were aware of such attacks, and considered arrangements for different windscreens. Held: The risk was forseeable, and given the additional known risks faced by police officers, it was reasonable for the authority to have acted.
[ Bailii ]
Begley, Regina (on the Application of) v West Midlands Police [2001] EWCA Civ 1571
18 Oct 2001
CA
Police
1 Citers
[ Bailii ]
Regina v Looseley (orse Loosely); Attorney General's Reference No 3 of 2000; HL 25-Oct-2001 - Times, 29 October 2001; Gazette, 22 November 2001; [2001] UKHL 53; [2001] 1 WLR 2060; [2001] 4 All ER 897; [2002] 1 Cr App R 29; [2002] UKHRR 333; [2002] HRLR 8
Kelly v South Yorkshire Police [2001] EWCA Civ 1632
25 Oct 2001
CA
Police
[ Bailii ]
Smyth, Regina (on the Application of) v Police Complaints Authority [2001] EWCA Civ 1714
31 Oct 2001
CA
Police
[ Bailii ]
The Commissioner of Police of the Metropolis v Hendricks EAT/614/01; [2001] UKEAT 614_01_0511
5 Nov 2001
EAT
His Honour Judge D Serota QC
Employment, Police, Discrimination
EAT Jurisdiction - (no sub-topic).
1 Cites
1 Citers
[ Bailii ] - [ EATn ]
Cowan and Another v The Chief Constable for Avon and Somerset Constabulary; CA 14-Nov-2001 - Times, 11 December 2001; [2001] EWCA Civ 1699; (2002) HLR 830
Regina v Mentuck [2001] 3 SCR 442; 2001 SCC 76
15 Nov 2001
McLachlin C.J. and L'Heureux-Dube, Gonthier, Iacobucci, Major, Bastarache, Binnie, Arbour and LeBel JJ.
Media, Police
Canlii Supreme Court of Canada - Courts - Supreme Court of Canada - Jurisdiction - Publication bans - Criminal proceedings - Trial judge granting one-year ban as to identity of undercover police officers and refusing ban as to operational methods used in investigating accused - Whether Supreme Court of Canada has jurisdiction to hear Crown appeal from trial judge's order - Supreme Court Act, R.S.C. 1985, c. S-26, s. 40(1), (3).
Criminal law - Publication bans - Appropriate scope of publication ban - Undercover police investigation - Crown seeking publication ban protecting identity of police officers and operational methods used in investigating accused - Trial judge granting one-year ban as to identity of officers and refusing ban as to operational methods - Whether trial judge erred in ordering ban.\
1 Citers
[ Canlii ]
Chief Constable of Thames Valley Police v Mohammad Younas [2001] EWCA Civ 1936
21 Dec 2001
CA
Employment, Police
[ Bailii ]
Green, Regina (on The Application of) v Police Complaints Authority and Others [2001] EWHC Admin 1160
21 Dec 2001
Admn
Police
[ Bailii ]
Regina (Green) v Police Complaints Authority and Others Times, 17 January 2002; Gazette, 06 March 2002
21 Dec 2001
QBD
Moses J
Police
The applicant complained about a breach of his human rights by police behaviour and sought to inspect statements made by eye witnesses to the incidents complained of. The Police Complaints Authority replied that it was necessary for their function to disclose such statements. Held: Public confidence in the adherence of the state to the rule of law required the involvement of the victim to the extent necessary to safeguard his legitimate interests. That could not be satisfied merely by providing reasoned decisions, and the Authority had failed to discharge its duties to the applicant.
Police Act 1996 80(1)(a)
1 Citers
