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Chief Constable of Thames Valley Police v Hepburn: CA 13 Dec 2002

The claimant sought damages from the police. They had executed a search warrant, and one officer detained the claimant during the raid. Held: A person who mistakenly restrained an individual in the mistaken belief that he had been lawfully arrested is liable for trespass to the person. The terms of the warrant had to be … Continue reading Chief Constable of Thames Valley Police v Hepburn: CA 13 Dec 2002

The Applicant and The Chief Constable of The Police Service of Scotland: SIC 17 Dec 2020

Police Scotland were asked for the report into the investigation of a specific death. Police Scotland refused to disclose the information as it related to information gathered for the purpose of making a report to the procurator fiscal respecting the cause of death of a person. Following investigation, the Commissioner accepted Police Scotland were entitled … Continue reading The Applicant and The Chief Constable of The Police Service of Scotland: SIC 17 Dec 2020

Chief Constable of Humberside Police (Police and Criminal Justice): ICO 9 May 2019

The complainant requested Data Protection Impact Assessments relating to audio-visual recordings. The Commissioner’s decision is that Humberside Constabulary (‘the Constabulary’) failed to respond to the request within 20 working days and has therefore breached Section 10 of the FOIA. The Commissioner requires the Constabulary to take the following steps to ensure compliance with the legislation: … Continue reading Chief Constable of Humberside Police (Police and Criminal Justice): ICO 9 May 2019

Alder v The Chief Constable of Humberside Police and others: CA 18 Dec 2006

The claimant’s brother had died whilst in custody. Prosecutions of police officers had failed, and the claimant alleged that Crown Prosecution Service had been negligent and discriminatory in its conduct of the prosecution. Citations: [2006] EWCA Civ 1741 Links: Bailii Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Discrimination, Legal Professions Updated: 22 October … Continue reading Alder v The Chief Constable of Humberside Police and others: CA 18 Dec 2006

Chief Constable of Cheshire Constabulary (Police and Criminal Justice): ICO 25 Mar 2021

The complainant submitted five information requests to Cheshire Constabulary regarding different matters related to hunting. The Constabulary refused to comply with the requests, considering them to be vexatious. The Commissioner’s decision is that the Constabulary incorrectly handled the requests under FOIA instead of the EIR and failed to demonstrate that the exception provided under regulation … Continue reading Chief Constable of Cheshire Constabulary (Police and Criminal Justice): ICO 25 Mar 2021

Chief Constable of Greater Manchester Police (Police and Criminal Justice): ICO 28 Jun 2021

The complainant requested from the Chief Constable of Greater Manchester Police (‘GMP’) information relating to hate crimes. By the date of this notice GMP had not provided a substantive response to the request. The Commissioner’s decision is that GMP has failed to respond to the request within 20 working days and has therefore breached section … Continue reading Chief Constable of Greater Manchester Police (Police and Criminal Justice): ICO 28 Jun 2021

Chief Constable of Greater Manchester Police (Police and Criminal Justice): ICO 22 Mar 2021

The complainant requested information relating to a police officer found guilty of using racist language. The Chief Constable of Greater Manchester Police relied upon sections 30 (investigations), 38 (health and safety) and 40(2) of the FOIA (third party personal data) to withhold the requested information. The Commissioner’s decision is that GMP has correctly relied upon … Continue reading Chief Constable of Greater Manchester Police (Police and Criminal Justice): ICO 22 Mar 2021

Lyons v Chief Constable of West Yorkshire: CA 24 Apr 1997

The Chief Constable appealed against an award of damages for wrongful arrest and false imprisonment. A witness to a robbery had identified the complainant as responsible, but the claimant’s mother had told the officers that her son would have an alibi. After arrest the alibi was confirmed. The claimant was released, but then made his … Continue reading Lyons v Chief Constable of West Yorkshire: CA 24 Apr 1997

Chief Constable of Sussex Police (Police and Criminal Justice): ICO 28 Apr 2021

In a multi-part request, the complainant requested information relating to a safeguarding investigation unit (SIU). Sussex Police initially advised that it would exceed the appropriate limit to comply with the request in its entirety, citing section 12 (cost of compliance) of the FOIA. During the course of the Commissioner’s investigation, Sussex Police revisited its handling … Continue reading Chief Constable of Sussex Police (Police and Criminal Justice): ICO 28 Apr 2021

Chief Constable of Nottinghamshire Police (Police and Criminal Justice): ICO 25 May 2022

The complainant made a multi-part request relating to a variety of policing matters. Nottinghamshire Police refused to comply with the request, citing section 14(1) (vexatious request) of FOIA. The Commissioner’s decision is that Nottinghamshire Police was entitled to apply section 14(1). The Commissioner requires no steps to be taken as a result of this decision. … Continue reading Chief Constable of Nottinghamshire Police (Police and Criminal Justice): ICO 25 May 2022

Segalov, Regina (on The Application of) v Chief Constable of Sussex Police and Another: Admn 23 Nov 2018

Request for judicial review, challenging decisions made by the first defendant and the second defendant which resulted in the refusal of his accreditation to attend the Labour Party Conference held at Brighton in September 2017. Reasons for the refusal had not been supplied at first. The policy under which refusal had been made was also … Continue reading Segalov, Regina (on The Application of) v Chief Constable of Sussex Police and Another: Admn 23 Nov 2018

Chief Constable of Essex Police (Police and Criminal Justice): ICO 25 May 2022

The complainant has requested the individual email addresses for 20 named police officers from the Chief Constable of Essex Police (Essex Police). Essex Police has refused to confirm or deny that it holds the requested information, citing sections 40 (third party personal data), 31 (law enforcement) and 38 (health and safety) of FOIA. The Commissioner’s … Continue reading Chief Constable of Essex Police (Police and Criminal Justice): ICO 25 May 2022

McHarg v Chief Constable of Thames Valley Police: ChD 9 Jan 2004

The claimant police officer sought damages for malicious prosecution. The defendant applied for the claim to be struck out. Held: There was insufficient evidence to establish malice. The claim was struck out. Judges: Tugendhat J Citations: [2004] EWCh 5 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Matin v Commissioner of Police of … Continue reading McHarg v Chief Constable of Thames Valley Police: ChD 9 Jan 2004

Greig and Chief Constable of Grampian Police: SIC 3 Feb 2012

SIC Ms Greig requested from the Chief Constable of Grampian Police (Grampian Police) information relative to two specific investigations, one relating to the death of an individual and one relating to criminal allegations. Grampian Police responded by stating that it did not hold certain of the information, while withholding the remainder under various exemptions in … Continue reading Greig and Chief Constable of Grampian Police: SIC 3 Feb 2012

Ewen of The Evening Express and Chief Constable of Grampian Police: SIC 23 Feb 2006

Request for information about the number of drivers caught speeding at each fixed camera location in Grampian in 2004/05 – withheld on the basis of section 35(1)(a)and (b) of the Freedom of Information (Scotland) Act 2002 (FOISA) – law enforcement – section 39(1) of FOISA – health and safety Citations: [2006] ScotIC 030 – 2006 … Continue reading Ewen of The Evening Express and Chief Constable of Grampian Police: SIC 23 Feb 2006

Chief Constable of Hampshire Constabulary v Haque: EAT 12 Oct 2011

EAT PRACTICE AND PROCEDURE Appellate jurisdiction/reasons/Burns-Barke Amendment SEX DISCRIMINATION Pregnancy and discrimination Direct The Employment Tribunal failed to determine claims for indirect discrimination and harassment made to it, did not set out the law (other than to say it ‘paid regard to it’), and appeared to mis-state the principles deriving from Fletcher and Others v … Continue reading Chief Constable of Hampshire Constabulary v Haque: EAT 12 Oct 2011

Chief Constable of West Midlands Police v Gardner: EAT 19 Oct 2011

EAT Disability Discrimination : Reasonable AdjustmentsAn Employment Tribunal did not identify what it was in respect of Claimant’s disability that resulted in a requirement for him to attend at a place of work on a flexible timetable causing him substantial disadvantage. This was a necessary finding if the ET were to determine what adjustment it … Continue reading Chief Constable of West Midlands Police v Gardner: EAT 19 Oct 2011

Sandhu v Chief Constable of The West Midlands Police: Admn 5 Nov 2019

This appeal raises issues as to what must be proved before a magistrates’ court can make an order for forfeiture of cash pursuant to section 298(2)(b) of the Proceeds of Crime Act 2002. Citations: [2019] EWHC 3316 (Admin) Links: Bailii Jurisdiction: England and Wales Magistrates, Criminal Practice Updated: 25 September 2022; Ref: scu.645827

Dingley v Chief Constable of Strathclyde Police: HL 11 May 2000

The officer had been injured in an accident in a police van. He developed multiple sclerosis only a short time afterwards. The respondent denied that the accident caused the MS. Held: There is no proof of what causes MS, but it was common ground that trauma never causes the disease. The question was whether trauma … Continue reading Dingley v Chief Constable of Strathclyde Police: HL 11 May 2000

Regina v Chief Constable of Sussex, Ex Parte International Trader’s Ferry Ltd: QBD 28 Jul 1995

A Chief Constable may not limit his duty to his immediate community if this interfered with lawful exports within the community. It was for the Chief Constable to decide on the disposition of his forces and the use of his resources. He was fully entitled to take into account the size of his force, the … Continue reading Regina v Chief Constable of Sussex, Ex Parte International Trader’s Ferry Ltd: QBD 28 Jul 1995

The Chief Constable of West Yorkshire v Vento: EAT 8 Jun 2000

EAT A claim was made for sex discrimination. The tribunal considered the approach to be taken in the absence of a real comparator. Held: The tribunal had been correct to construct an hypothetical comparator. from how the employers treated actual unidentical, but not wholly dissimilar, cases.‘Where there is no evidence as to the treatment of … Continue reading The Chief Constable of West Yorkshire v Vento: EAT 8 Jun 2000

Parker v The Chief Constable of Essex Police: CA 11 Dec 2018

The claimant was arrested on suspicion of murder and rape. The investigating officer was delayed by traffic so the arrest was carried out by a surveillance officer who was present at the scene but did not personally have reasonable grounds for suspecting the claimant was guilty of an offence, as required by section 24(2) of … Continue reading Parker v The Chief Constable of Essex Police: CA 11 Dec 2018

Pinnington, Regina (on the Application of) v Chief Constable of Thames Valley Police: Admn 31 Jul 2008

The claimant sought judicial review of a decision of the police to include in response to the enhanced criminal record request details of three allegations made but not proceeded with. Held: By the terms of the statute it is for the chief constable or his delegate to form an opinion on that issue. In forming … Continue reading Pinnington, Regina (on the Application of) v Chief Constable of Thames Valley Police: Admn 31 Jul 2008

Chief Constable of The Police Service of Scotland (Documents Stating ‘Not Disclosable Under Foisa’): SIC 20 Jul 2022

The Applicant asked the Authority for documents which stated that they were not disclosable under FOISA. The Authority told the Applicant it was not obliged to comply with the request because it would cost more than pounds 600 to do so. The Commissioner agreed. Citations: [2022] ScotIC 078 – 2022 Links: Bailii Jurisdiction: Scotland Information … Continue reading Chief Constable of The Police Service of Scotland (Documents Stating ‘Not Disclosable Under Foisa’): SIC 20 Jul 2022

Clifford v The Chief Constable of The Hertfordshire Constabulary: QBD 1 Apr 2011

The claimant alleged malicious prosecution and misfeasance in public office bought by the claimant who was charged with child pornography offences in July 2004. The prosecution had eventually offered no evidence. He said that it should have been clear much earlier that no further action was sustainable, the prosecution expert having indicated that his evidence … Continue reading Clifford v The Chief Constable of The Hertfordshire Constabulary: QBD 1 Apr 2011

Chief Constable of The Police Service of Scotland (Correspondence Relating To Policing Level In Glasgow On Weekend of 6/7 March 2021): SIC 22 Jul 2022

Police Scotland were asked for correspondence relating to the planned level of policing in Glasgow on the weekend of 6/7 March 2021. Police Scotland withheld some information from the Applicant. The Commissioner investigated and found that not all of the withheld information was exempt from disclosure. He ordered Police Scotland to disclose the non-exempt information. … Continue reading Chief Constable of The Police Service of Scotland (Correspondence Relating To Policing Level In Glasgow On Weekend of 6/7 March 2021): SIC 22 Jul 2022

Milne v Chief Constable of Tayside Police: SIC 15 Dec 2005

SIC Request for information relating to the applicant – information exempt under section 38(1)(a) of the Freedom of Information (Scotland) Act 2002 – personal information – failure to respond to the request within the 20 working day timescale set out in section 10(1) of the Act – failure to respond to the request for review … Continue reading Milne v Chief Constable of Tayside Police: SIC 15 Dec 2005

Carberry and Chief Constable of Strathclyde Police: SIC 15 Nov 2006

Postcode-based information about the location of registered sex offenders – Request for information about the location of registered sex offenders based on the first four characters of a postcode and their housing tenure – some information not held (section 17) – section 12(1) excessive cost of compliance Citations: [2006] ScotIC 206 – 2006 Links: Bailii … Continue reading Carberry and Chief Constable of Strathclyde Police: SIC 15 Nov 2006

Milne v Chief Constable of Tayside Police: SIC 26 Jun 2006

SIC Failure to deal with request or review – Failure of the Chief Constable of Tayside Police to respond to a request for information and to a request for a review within the statutory timescales set out in the Freedom of Information (Scotland) Act 2002. Citations: [2006] ScotIC 124 – 2006 Links: Bailii Scotland, Information … Continue reading Milne v Chief Constable of Tayside Police: SIC 26 Jun 2006

Hart v Chief Constable of Tayside Police: SIC 22 Dec 2009

Mr Andrew Hart (Mr Hart) requested from the Chief Constable of Tayside Police (Tayside Police) information relating to an alleged incident. Tayside Police refused to confirm whether the information requested existed or was held by them, in terms of section 18 of FOISA. Following a review in which this decision was upheld, Mr Hart remained … Continue reading Hart v Chief Constable of Tayside Police: SIC 22 Dec 2009

Taylor v Chief Constable of Chester: 28 Oct 1986

Evidence as to the content of a video recording might be admissible even though the tape itself was not made available. Citations: [1986] 1 WLR 1479, Times 28-Oct-1986 Jurisdiction: England and Wales Cited by: Cited – Attorney General’s Reference (No 2 of 2002) CACD 7-Oct-2002 The defendants had been seen on video. The prosecution sought … Continue reading Taylor v Chief Constable of Chester: 28 Oct 1986

Durrant v Chief Constable of Avon and Somerset Constabulary: CA 14 Nov 2017

Judges: Sales, Moylan LJJ Citations: [2017] EWCA Civ 1808, [2018] ICR D1 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Durrant v Avon and Somerset Constabulary (Practice Note) CA 17-Dec-2013 . . Lists of cited by and citing cases may be incomplete. Discrimination, Police Updated: 31 August 2022; Ref: scu.599371

Chief Constable of Northamptonshire Police (Police and Criminal Justice): ICO 29 Jun 2020

The complainant requested information relating to the death of a named individual. Northamptonshire Police refused to disclose the requested information within the scope of the first part of the request, citing sections 27(1) (international relations), 30(1) (investigations and proceedings conducted by the public authority) and 40(2) (personal information) of the FOIA. It refused to confirm … Continue reading Chief Constable of Northamptonshire Police (Police and Criminal Justice): ICO 29 Jun 2020

Howden, Regina (on The Application of) v The Chief Constable of South Yorkshire: Admn 15 Oct 2010

The claimant challenged a decision to return him to prison from release on licence. He said that in a non-urgent situation it was wrong for the Secretary of State to accept police intelligence without further enquiries. Held: The claim failed. The test for misbehaviour short of the required standard is not a high one. Having … Continue reading Howden, Regina (on The Application of) v The Chief Constable of South Yorkshire: Admn 15 Oct 2010

Regan v Chief Constable of The West Midlands Police Force: Admn 28 May 2010

The prisoner was to be released, but had been refused a home detention curfew. The respondent had informed the prison that his life would be at risk if he was released to return to the address intended. Judges: The Recorder of Birmingham Citations: [2010] EWHC 2297 (Admin) Links: Bailii Statutes: European Convention on Humajn Rights … Continue reading Regan v Chief Constable of The West Midlands Police Force: Admn 28 May 2010

Secretary of State for Work and Pensions (Jobcentre Plus) v Constable: EAT 30 Jun 2010

EAT PRACTICE AND PROCEDURE – Case management Whistleblowing claim but not properly particularised. Respondent sought further particulars and case management conference. Employment Tribunal refused to order them or to hold case management conference. Respondent appealed. Employment Appeal Tribunal Held: that the Claimant provide further and better particulars of his claim, namely, (i), what the protected … Continue reading Secretary of State for Work and Pensions (Jobcentre Plus) v Constable: EAT 30 Jun 2010

Chief Constable of Northamptonshire Police (Police and Criminal Justice): ICO 30 Jun 2021

The complainant requested from Northamptonshire Police information about its receipt and handling of Subject Access Requests (‘SARs’) in the years 2018, 2019, and 2020. Northamptonshire Police refused the request as it considered that complying with it would exceed the cost limit under section 12 of the FOIA. The Commissioner’s decision is that Northamptonshire Police was … Continue reading Chief Constable of Northamptonshire Police (Police and Criminal Justice): ICO 30 Jun 2021