Criminal charges against the officers had been stayed. They subsequently faced disciplinary proceedings.
Held: An acquittal is a finding or determination that a defendant is not guilty of an offence. A stay does not involve such a finding. Section 104 refers to acquittal. The legislative intention was to refer to the case where there had been a finding of not guilty. In this case, no new evidence was adduced, the evidence was the same. The Judge had determined that the prosecution case at its highest, if all the witnesses were believed, did not establish the criminal charge. Any finding in disciplinary proceedings, if the charges were the same, would conflict with that determination. There was a real determination to the extent that on the evidence the charges could not be made out. The officer in the instant case was in the same position as if there had been a finding that he was not guilty of a criminal offence.
Judges:
Richards J, Moses J
Citations:
[2001] EWHC Admin 433
Statutes:
Police and Criminal Evidence Act 1984 104
Jurisdiction:
England and Wales
Cited by:
Cited – Regina (on the Application of Redgrave) v The Commissioner of Police for the Metropolis CA 22-Jan-2003
The police officer had been accused of an offence. The case was discharged under the section at committal. The Commissioner sought to commence disciplinary proceedings on the same evidence.
Held: The tests of the two sets of hearings were . .
Lists of cited by and citing cases may be incomplete.
Police
Updated: 12 May 2022; Ref: scu.181625
