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 had not acted incompatibly with the claimants’ human rights. The conferring between officers was in accordance with official police guidelines. The case of Ramsahai must now be taken to set the standards for a killing by state agents. A direction of the kind sought would be more likely to hinder an effective investigation where it resulted in non-cooperation by officers.
Judges:
Underhill J
Citations:
[2008] EWHC 2372 (Admin), Times 10-Oct-2008
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Bass CCA 1953
The court considered how to deal with the admission of a statement where the defendant contested its admissibility. Here the defendant said he had not been cautioned before the interview.
Held: It was within the discretion of the judge to . .
Cited – Regina v Skinner CACD 6-Dec-1993
Witnesses should not rehearse their evidence together before going into court. Farquharson LJ said: ‘It has certainly been permissible, since Lord Goddard’s time, for officers to confer together in the making up of their notebooks immediately after . .
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 – Nachova and Others v Bulgaria ECHR 6-Jul-2005
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel) ; Violation of Art. 2 with regard to deaths ; Violation of Art. 2 with regard to lack of effective investigation ; Not . .
Cited – Ramsahai and Others v The Netherlands ECHR 10-Nov-2005
(Grand Chamber) The police had shot someone suspected of stealing a scooter. The family complained that they had not been given full access to the documents seen by the enquiry into his death.
Held: In order to be ‘effective’ as this . .
Cited – Regina v Police Complaints Authority ex parte Green HL 26-Feb-2004
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 . .
Cited – Regina v Momodou and Limani CACD 2-Feb-2005
The defendants appealed against their convictions and sentence for violent disorder and assault during an uprising at Yarl’s Wood Detention centre. It was said that witnesses had been coached, other defence witnesses had been returned to their . .
Cited – Tashin Acar v Turkey ECHR 6-May-2003
Hudoc Judgment (Preliminary objections) Government . .
Cited – Ilhan v Turkey ECHR 27-Jun-2000
Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (victim); Preliminary objection dismissed (non-exhaustion); No violation of Art. 2; Violation of Art. 3; Violation of Art. 13; . .
Lists of cited by and citing cases may be incomplete.
Police
Updated: 01 July 2022; Ref: scu.277017
