Chief Constable has a Wide Discretion on Resources
Protesters sought to prevent the appellant’s lawful trade exporting live animals. The police provided assistance, but then restricted it, pleading lack of resources. The appellants complained that this infringed their freedom of exports under community law.
Held: Police do not have an absolute duty to prevent breaches of the peace. A Chief Constable must have a wide discretion as to how his resources are applied. He had no duty to apply all the resources required to prevent a breach of peace. The actions of the police did not amount to a restraint on exports.
LMA Where the Authorities had taken some action, providing policing of demonstrations by animal rights protestors against the export of live animals on three days a week, but this was not enough to eliminate the effects of demonstrations on the export of live animals by the applicant. The HL found for the authorities but would the UK be seen to be in breach of its obligations had the question been referred to the ECJ. The majority of the HL suggested that, were the case to turn on the question of whether the Chief Constable’s decision as to the appropriate level of policy constituted a measure having an equivalent effect or not, that questions would have been referred.
Lord Slynn of Hadley, Lord Nolan, Lord Hoffmann, Lord Cooke of Thorndon, Lord Hope of Craighead
Gazette 10-Dec-1998, Times 16-Nov-1998, [1998] UKHL 40, [1999] 1 CMLR 1320, [1998] 3 WLR 1260, [1999] 2 AC 418, [1999] 1 All ER 129
House of Lords, Bailii
England and Wales
Citing:
Appeal from – Regina v Chief Constable of Sussex Ex Parte International Trader’s Ferry Ltd CA 28-Jan-1997
A restriction placed by a chief constable on the police support he would make available to support a lawful trade was reasonable, even though it might amount to trade interference. The allocation of resources available to the Chief Constable was for . .
Cited – Regina v Coventry Airport Ex Parte Phoenix Aviation; Regina v Dover Harbour Board Ex Parte Gilder Admn 12-Apr-1995
A local authority operator of an airport suspended flights on aircraft transporting livestock; a harbour authority refused to allow cross-Channel services for the export of live animals; and a local authority challenged the decision of a statutory . .
Cited – Chief Constable of the North Wales Police v Evans HL 1982
The Court found the probationer police constable to have been unlawfully induced to resign, but the court could not order his reinstatement. A power must be exercised by the precise person or body stated in the statute. Though courts may review the . .
Cited – Harris v Sheffield United Football Club Ltd CA 1987
The court was asked whether services provided by the police at Sheffield United Football Club for the club’s home fixtures were ‘special police services’ so that, if they were provided at the club’s request, the police could charge for them. Up . .
Cited – Beatty v Gillbanks QBD 13-Jun-1882
The appellants assembled with others for a lawful purpose, and with no intention of carrying it out unlawfully, but with the knowledge that their assembly would be opposed, and with good reason to suppose that a breach of the peace would be . .
Cited – Regina v Pierre Bouchereau ECJ 27-Oct-1977
ECJ The different language versions of a community text must be given a uniform interpretation and hence in the case of divergence between the versions the provision in question must be interpreted by reference . .
Cited – Henri Cullet and Chambre syndicale des reparateurs automobiles et detaillants de produits petroliers v Centre Leclerc a Toulouse and Centre Leclerc a Saint-Orens-de-Gameville ECJ 29-Jan-1985
Europa ‘I would add that the acceptance of civil disturbances as justification for encroachments upon the free movement of goods would, as is apparent from experiences of the last year (and before, during the . .
At First Instance – 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 . .
Cited – Commission v France ECJ 9-Dec-1997
ECJ (Judgment) The Commission said France had failed to fulfil its obligations under the common organisation of the markets in agricultural, products and under Article 30, in conjunction with Article 5, of the EC . .
Cited – Van Gend En Loos v Administratie Der Belastingen ECJ 5-Feb-1963
LMA The Dutch customs authorities had introduced an import charge in breach of Art.12 [Art.25] EC. This Article prohibits MS from introducing between themselves any new customs duties on imports or exports or any . .
Cited – Regina v Commissioner of Police of the Metropolis, Ex parte Blackburn CA 1968
Answerability of Chief Constables
The constitutional status of the Commissioner had never been defined, either by statute or by the courts. By common law police officers owe to the general public a duty to enforce the criminal law. The court considered the extent to which a court . .
Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
Cited – Hurd v Jones (Judgment) ECJ 15-Jan-1986
‘ . . . [A] provision produces direct effect in relations between the Member States and their subjects only if it is clear and unconditional and not contingent on any discretionary implementing measure.’ and ‘According to a consistent line of . .
Cited – Commission v Belgium (Judgment) ECJ 14-Jan-1988
A Member State ‘may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with its obligations under Community law’. . .
Cited – Commission v Italy (Judgment) ECJ 12-Jul-1990
The Italian Government was held to have infringed Article 30 by closing all inland frontier posts at which imported grape fruit could be inspected and allowing importation only through certain seaports. . .
Cited – Regina v Secretary of State for the Home Department ex parte Brind HL 7-Feb-1991
The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they . .
Cited by:
Cited – The Association of British Civilian Internees – Far Eastern Region (ABCIFER) v Secretary of State for Defence CA 3-Apr-2003
The association sought a judicial review of a decision not to pay compensation in respect of their or their parents or grandparents’ internment by the Japanese in the Second World War. Payment was not made because those interned were not born in . .
Cited – Samaroo and Sezek v Secretary of State for the Home Department CA 17-Jul-2001
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation.
Held: Where the deportation of a foreigner following a conviction here, would conflict with his human . .
Cited – Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. . .
Cited – Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office HL 30-Jul-2008
SFO Director’s decisions reviewable
The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had . .
Cited – North Yorkshire Police Authority, Regina (on The Application of) v The Independent Police Complaints Commission Admn 8-Jul-2010
No Review of IPCC’s Decision to Investigate
A complainant wanted the police force to investigate his mother’s treatment in a care home. When a decision was made that no criminal activity had been revealed, he asked the Police Authority to investigate, but they declined saying that the issue . .
Lists of cited by and citing cases may be incomplete.
Police, European
Leading Case
Updated: 09 November 2021; Ref: scu.135180
