swarb.co.uk - law index
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Vicarious Liability - From: 1990 To: 1990
This page lists 1 cases, and was prepared on 02 April 2018.
Makanjuola v Commissioner of Police for the Metropolis [1992] 3 All ER 617; (1990) 2 Admin LR 214
1990
Henry J
Vicarious Liability, Employment, Police
A plain clothed off duty police officer gained entry to premises by production of his warrant card. He enquired as to the immigration status of the two residents. He told them they were in breach of the immigration regulations, and demanded sexual favours, which the female resident acceded to, in return for his refraining from reporting the irregularities. Held: The Commissioner was not liable for the actions of the officer under Section 48(1) of the 1964 Act. The phrase "police functions" referred to" the ordinary police functions of investigating, preventing, discovering and reporting crime, including the power of arrest". The first defendant contended that the same approach should be applied in this case. "Purported", here meant "in the professed performance of his functions" or "pretending to be acting in the course of his employment". Obtaining entry to the premises by identifying himself as a police officer and going on to make enquires was in purported performance of his police functions, and a statement by the officer that he intended to arrest, report, warn or take no further action would also be in purported performance of his police functions. However, the claim was not concerned with something which a police officer might in certain circumstances be entitled to do, but something which the resident could never have believed was or could have been done in the performance of his duty, it being clear to her as it would have been to anyone else, that the demand for sexual favours was one which no one could make as a police officer.
Police Act 1964 48(1)
1 Citers
