The complainant’s brother had been arrested for being drunk. After a time in a cell, he was found unwell and fell into a coma. Complaints were made of his treatment. The Police Complaints Commission was to investigate the events after the arrest independently, but the Sussex police wanted to investigate the matters before the arrest. The claimant wanted the entire investigation to be by the Commission.
Held: The Commission did have jurisdiction to investigate matters before the arrest, but it may be practical and proper to engage the local force to carry out that investigation. Such an extended investigation may in any event be required to satisfy the human rights obligations of the defendants.
Judges:
Collins J
Citations:
[2008] EWHC 1240 (Admin)
Links:
Statutes:
Police Reform Act 2002 10, Serious Organised Crime and Police Act 2005
Jurisdiction:
England and Wales
Citing:
Cited – Secretary of State for Defence v Al-Skeini and others (The Redress Trust Intervening) HL 13-Jun-2007
Complaints were made as to the deaths of six Iraqi civilians which were the result of actions by a member or members of the British armed forces in Basra. One of them, Mr Baha Mousa, had died as a result of severe maltreatment in a prison occupied . .
Cited – Stephen Jordan (No 2) v The United Kingdom ECHR 10-Dec-2002
The applicant was a soldier who had been court marshalled for misuse of travel warrants. He wished to use in his defence his recent epilepsy. There was some delay while medical reports were obtained, and subsequently when the new legal system was . .
Cited – Amin, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Oct-2003
Prisoner’s death – need for full public enquiry
The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death.
Held: There had been a . .
Cited by:
Appeal from – Reynolds, Regina (on the Application of) v Independent Police Complaints Commission and Another CA 22-Oct-2008
The court was asked to consider whether the IPCC could investigate the circumstances leading to the arrest of a suspect who fell into a coma after being arrested for being drunk. The IPCC appealed, saying that it did not have jurisdiction to . .
Lists of cited by and citing cases may be incomplete.
Police, Human Rights
Updated: 17 July 2022; Ref: scu.270063