Two police officers had been granted additional retirement annuities on the basis that they had been injured in the execution of their duty. The chief constable denied this. A police officer who was on annual leave was injured whilst exercising the police dog he cared for. The Chief Constable denied that at the time, he was engaged in police work.
Held: ‘ the key considerations are that the concept of injury received in the execution of duty must be given a benevolent application and that it goes beyond active participation in operational duties. It seems to me that the court must give the Board leeway in their application of the concept. ‘
Cranston J
[2009] EWHC 88 (Admin), (2009) 107 BMLR 22
Bailii
Police Regulations 1995, Police Regulations 2003 (2003 SI No. 527), Police (Injury Benefit) Regulations 2006 (SI 2006 No 932)
England and Wales
Citing:
Cited – Regina v Kellam, Ex Parte South Wales Police Authority QBD 2-Jul-1999
An officer victimised on duty by fellow officers and suffering stress had been injured in the execution of his duty for the legislation, and so was entitled to claim benefits under the Pensions Regulations. The officer suffered harassment after his . .
Cited – Regina (ex parte Stunt) v Commissioner of Police of the Metropolis (Mallett) CA 23-Feb-2001
A police officer was subject to disciplinary action, and suffered stress in the prolonged procedure leading to permanent disablement through psychiatric injury.
Held: She was not entitled to retire on a police disability pension since the . .
Cited – Smillie v Lothian and Borders Police Board for Judicial Review of A Decision of A Medical Referee OHCS 28-Oct-2005
. .
Cited – Gavin v London (City) Police Authority 1944
The words ‘in the execution of duty’ are to be given a ‘benevolent’ interpretation. . .
Cited – Clinch v Dorset Police Authority Admn 11-Feb-2003
The claimant appealed refusal of his application for a police pension following an injury suffered, he claimed had occurred on police duty. He claimed to have suffered depression since he failed to be promoted. He said that they had wrongfully . .
Cited – Regina on the Application of Sussex Police Authority v Dr Cooling, French QBD 22-Jul-2004
. .
Cited – South Wales Police Authority v Morgan Admn 8-Oct-2003
A police officer said that his depression had been caused by overwork. After he became depressed, it was made worse by stress and anxiety from an investigation into an injury suffered by his three year old foster son, and financial difficulties . .
Cited by:
Cited – PY, Regina v CACD 22-Jan-2019
Police ‘lawful use’ of dog must be police work
The prosecutor wished to appeal from the acquittal of a police officer, whose police dog, while being exercised, attacked a runner causing injury. The judge had accepted the defence, since the dog required exercise, the officer was using the dog for . .
Lists of cited by and citing cases may be incomplete.
Police
Updated: 20 January 2022; Ref: scu.280140
