Discovery was sought of statements created during the investigation of a complaint against a police officer. The claimant argued that a police officer had deliberately driven his car at him.
Held: The investigation by a separate police force satisfied the high requirement for investigations of allegations against law enforcement officers, and was human rights compliant. Therefore there was no way around the effect of section 80 which prevented such disclosure.
Lord Carswell approved dicta of Simon Brown LJ in the Court of Appeal: ‘For the sake of completeness, I would add that I agree with the judgment of Simon Brown LJ rather than that of Chadwick LJ on the ability of the Authority to re-open an investigation if they think it necessary in the light of representations made or evidence supplied following the issue of a provisional decision letter.’
Judges:
Lord Bingham of Cornhill, Lord Hoffmann, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Carswell
Citations:
[2004] UKHL 6, Times 27-Feb-2004, Gazette 25-Mar-2004, [2004] 1 WLR 725, [2004] 2 All ER 209, [2004] HRLR 19, [2004] UKHRR 939
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – McCann and Others v The United Kingdom ECHR 6-Oct-1995
Wrong assumptions made by police officers in the killing of terrorists amounted to a human rights breach, despite the existence of danger to the public of an imminent attack. Article 2(1) is ‘one of the most fundamental provisions in the . .
Cited – Assenov and Others v Bulgaria ECHR 28-Oct-1998
An allegation of violence by a police officer did require a thorough, impartial and careful investigation by a suitable and independent state authority: ‘The court considers that in these circumstances, where an individual raises an arguable claim . .
At First Instance – Regina (Green) v Police Complaints Authority and Others QBD 21-Dec-2001
The applicant complained about a breach of his human rights by police behaviour and sought to inspect statements made by eye witnesses to the incidents complained of. The Police Complaints Authority replied that it was necessary for their function . .
Appeal From – The Police Complaints Authority and Others v Regina CA 26-Mar-2002
Simon Brown LJ said: ‘Given the PCA’s right under section 76(7)(b) to such other information as they need for the purpose of reaching their section 76 decision, I am inclined to think that, if, after obtaining the complainant’s comments upon any . .
Cited by:
Cited – Saunders and Tucker, Regina (on the Application of) v The Association of Chief Police Officers and others Admn 10-Oct-2008
The deceased had been shot by police during an armed siege. His family complained that the Independent Police Complaints Commission had declined to order the officers not to confer with each other before making statements.
Held: The authority . .
Cited – The Independent Police Complaints Commission, Regina (On the Application of) v Commissioner Of Police Of the Metropolis Admn 3-Jul-2009
Delay defeated Request for review
A police dog had bitten a child on his arrest. His mother complained and again at the handling of her complaint by the IPCC. The MPS had disciplined in accordance with a letter from the IPCC, and having acted refused to re-open the complaint.
Lists of cited by and citing cases may be incomplete.
Police, Human Rights
Updated: 10 June 2022; Ref: scu.193889