Tag: Police

Aru, Regina (on the Application of) v Chief Constable of Merseyside Police: Admn 23 May 2003

Citations:

[2003] EWHC 1310 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Regina (Aru) v Chief Constable of Merseyside Police CA 30-Jan-2004
The applicant had been cautioned by the police. The victim sought judicial review of that decision. The respondent now appealed.
Held: The court of appeal had no jurisdiction to hear an appeal against a judicial review in a criminal matter . .
Lists of cited by and citing cases may be incomplete.

Police, Criminal Practice

Updated: 07 June 2022; Ref: scu.185323

E, Re Application for Judicial Review: QBNI 9 Jun 2003

Application by the mother of one of the children affected by what has become known as ‘the Holy Cross dispute’. The applicant seeks judicial review in the form of a declaration that the Chief Constable of the Royal Ulster Constabulary and the Secretary of State for Northern Ireland failed to secure the effective implementation of the criminal law and to ensure safe passage for her and her daughter to the Holy Cross primary school for girls on Ardoyne Road, Belfast.

Citations:

[2003] NIQB 39

Links:

Bailii

Jurisdiction:

Northern Ireland

Police

Updated: 07 June 2022; Ref: scu.184124

Cumming and others v Chief Constable of Northumbria Police: CA 9 Jun 2003

Application for permission to appeal from dismissal of claims for wrongful arrest.
Held: Granted

Citations:

[2003] EWCA Civ 856

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Al-Fayed and others v Commissioner of Police of the Metropolis and others CA 25-Nov-2004
The appellants appealed from dismissal of their claims for wrongful imprisonment by the respondent. Each had attended at a police station for interview on allegations of theft. They had been arrested and held pending interview and then released. Mr . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police

Updated: 07 June 2022; Ref: scu.184067

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 that he has been seriously ill treated by the police or other such agents of the State unlawfully and in breach of Article 3, that provision, read in conjunction with the State’s general duty under Article 1 of the Convention to ‘secure to everyone within their jurisdiction the rights and freedoms defined in . . [the] Convention’, requires by implication that there should be an effective official investigation. This obligation, as with that under Article 2, should be capable of leading to the identification and punishment of those responsible . . If this were not the case the general legal prohibition of torture and inhuman and degrading treatment and punishment, despite its fundamental importance, would be ineffective in practice and it would be possible in some cases for agents of the State to abuse the rights of those within their control with virtual impunity.’

Citations:

24760/94, (1998) 28 EHRR 652, [1998] ECHR 98

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Cited by:

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 – Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same HL 3-Nov-2005
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day . .
Cited – Secretary of State for the Home Department v JN CA 14-May-2008
The Secretary of State appealed against a declaration that paragraph 3(2)(b) of Part 2 of Schedule 3 to the 2004 Act was incompatible with Article 3. The clause was said to restrict the Home Secretary from considering anything beyond the country . .
Cited – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4) Admn 4-Feb-2009
In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of . .
Cited – Morrison v The Independent Police Complaints Commission and Others Admn 26-Oct-2009
The claimant made a complaint of a serious assault by the police, by the use of a Taser. The defendant had referred the complaint to the IPCC, who said that they should investigate it themselves. The claimant said that to accord with his human . .
Cited – Commissioner of Police of The Metropolis v DSD and Another SC 21-Feb-2018
Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 04 June 2022; Ref: scu.165674

Regina v Chief Constable of Greater Manchester Police ex parte Lainton: Admn 10 Jun 1999

The decision by a chief constable whether to extend the probationary period of a constable was one which he could not be expected to exercise himself and could properly be expected to be delegated. The power to extend a probationary period could be exercised even after it had actually expired.

Citations:

Times 13-Jul-1999, [1999] EWHC Admin 531

Links:

Bailii

Statutes:

Police Regulations 1995 (1995 No 215) 14(2)

Cited by:

Appeal from – Regina v Chief Constable of Greater Manchester Police Ex P Lainton CA 4-Apr-2000
The decision by a chief constable whether to extend the probationary period of a constable could properly be delegated to his assistant chief constable. The power to extend a probationary period could only be exercised before it actually expired. . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 28 May 2022; Ref: scu.139795

Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003

The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection while he was in prison. He had not eventually been relied upon as a witness.
Held: The police were not agents of the prison so as to allow anything they said to create a legitimate expectation as against the prison. There was no fine way of assessing what degree of risk created a ‘sufficient clear and immediate risk’ to him to create an Article 2 duty to protect him. There was no sufficient unfairness to create a separate duty, though the court suggested the system should be improved. Appeal dismissed.

Judges:

Lord Justice Auld, Lord Justice Mummery And Lord Justice Keene

Citations:

[2003] EWCA Civ 686, Times 04-Jul-2003, Gazette 04-Sep-2003, [2003] 1 WLR 2724

Links:

Bailii

Statutes:

Prison Act 1952 12 47(1), Prison Rules 1999 45(1), European Convention on Human Rights 2

Jurisdiction:

England and Wales

Citing:

Cited – Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
Cited – Regina v Inland Revenue Commissioners, ex parte MFK Underwriting Agents Ltd CA 1990
Legitimate Expectation once created not withdrawn
The claimant said that a change of practice by the Revenue was contrary to a legitimate expectation.
Held: The Inland Revenue could not withdraw from a representation if it would cause: substantial unfairness to the applicant; if the . .
Cited – Armagas Ltd v Mundogas SA (‘The Ocean Frost’) HL 22-May-1985
Ostensible authority creates estoppel
Apparent authority as agent can arise where an employer by words or conduct has represented that his employee, who has purported to act on behalf of the employer, is authorised to do what he is purporting to do. Ostensible authority depends on a . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Appeal from – Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department Admn 31-Jul-2002
. .
Cited – Regina (Reprotech (Pebsham) Ltd) v East Sussex County Council Reprotech (Pebsham) Ltd v Same HL 28-Feb-2002
The respondent company had asserted that the local authority had made a determination of the issue of whether electricity could be generated on a waste treatment site without further planning permission. The council said that without a formal . .
Cited – Attorney General of Hong Kong v Ng Yuen Shiu PC 21-Feb-1983
An illegal entrant into Hong Kong claimed that he was entitled by a legitimate expectation to a hearing before a deportation order might be made against him, there having been an announcement that persons in the respondent’s position would be . .
Cited – Flanagan and Another v South Bucks District Council CA 16-May-2002
The authority had commenced planning enforcement proceedings. At the hearing, agreement was reached between the defendant and the authority’s representative, and the proceedings were compromised. The authority itself later sought to set aside the . .
Cited – Regina (S) v Brent London Borough Council and Others Regina (T) v Brent and Others Regina (P) v Oxfordshire County Council’s Exclusion Appeals Panel and Another CA 17-May-2002
Three pupils appealed their exclusion from school for violent or threatening behaviour.
Held: The statute imposed clear obligations on the appeal panel to act independently, and to consider both the individual circumstances of the child and . .
Cited – A and Others, Regina (on the Application of) v Lord Saville of Newdigate and others CA 28-Jul-1999
Former soldiers who had been involved in the events in Londonderry in 1972, and were to be called to give evidence before a tribunal of inquiry, still had cause to fear from their names being given, and so were entitled to anonymity when giving such . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Regina v British Broadcasting Corporation ex parte Pro-life Alliance HL 15-May-2003
The Alliance was a political party seeking to air its party election broadcast. The appellant broadcasters declined to broadcast the film on the grounds that it was offensive, being a graphical discussion of the processes of abortion.
Held: . .
Cited – Regina v Director of Public Prosecutions, ex parte Kebilene and others HL 28-Oct-1999
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for . .

Cited by:

Cited – Van Colle v Hertfordshire Police QBD 10-Mar-2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of . .
Cited – Van Colle and Another v Chief Constable of the Hertfordshire Police CA 24-Apr-2007
The deceased had acted as a witness in an intended prosecution. He had sought protection after being threatened. No effective protection was provided, and he was murdered. The chief constable appealed a finding of liability.
Held: The . .
Cited – Warren, Regina (on the Application of) v Her Majesty’s Assistant Coroner for Northamptonshire Admn 29-Apr-2008
The deceased had committed suicide in his prison cell. Prison officers were charged with manslaughter by gross neglect, but they were discharged. The applicant sought now to challenge the refusal of the coroner to allow to be called to give evidence . .
Lists of cited by and citing cases may be incomplete.

Prisons, Police

Updated: 28 May 2022; Ref: scu.183639

Chief Constable of Norfolk v Edwards: Admn 19 Mar 1997

Appeal by way of case stated by the Chief Constable of Norfolk against the decision of the Crown Court in which it allowed an appeal against a decision by the Chief Constable to revoke his firearms and shotgun certificates.

Judges:

Brooke LJ,Blofield J

Citations:

[1997] EWHC Admin 294, [1997] CLY 4151

Links:

Bailii

Statutes:

Firearms Act 1968 30

Jurisdiction:

England and Wales

Police, Licensing

Updated: 25 May 2022; Ref: scu.137239

Roberts, Regina (on The Application of) v The Commissioner of Police of The Metropolis and Others: CA 4 Feb 2014

The claimant asserted that the provisions of section 60 of the 1994 Act, which allowed personal searches by police officers where no suspicion of misbehaviour was present, infringed her rights under Article 8 of the Convention.
Held: The claimant’s appeal failed. There was no deprivation of liberty within the meaning of article 5, and nor was the use of the power discriminatory on the grounds of race. There had been an interference with the right to respect for Mrs Roberts’ private life in article 8, but that this remained ‘in accordance with the law’ and was not unlawful.

Judges:

Maurice Kay VP CACD, Rafferty, Macur LJJ

Citations:

[2014] EWCA Civ 69, [2014] 1 WLR 3299, [2014] WLR(D) 50, [2014] HRLR 5, [2014] 2 Cr App R 6

Links:

Bailii, WLRD

Statutes:

Criminal Justice and Public Order Act 1994 60, European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

Appeal from – Roberts, Regina (on The Application of) v The Commissioner of The Metropolitan Police Admn 17-Jul-2012
The claimant challenged the legality of section 60 of the 1994 Act as an interference in her article 8 rights. She had been caught on a bus without her fare and gave a false name and address. A direction had been given authorising any person to be . .

Cited by:

Appeal from – Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another SC 17-Dec-2015
The Court considered the validity of suspicionless stop and search activities under s 60 of the 1994 Act, by police officers.
Held: The claimant’s appeal failed. The safeguards attending the use of the s 60 power, and in particular the . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 23 May 2022; Ref: scu.521049

Civil Nuclear Police Federation v Civil Nuclear Police Authority: Admn 31 Aug 2016

‘In these judicial review proceedings the sole issue for consideration by the Court is whether the term ‘members of a police force’ in section 10 of the Public Service Pensions Act 2013 (‘the 2013 Act’) includes members of the Civil Nuclear Constabulary (‘CNC’) so that any pension scheme made under or in accordance with that Act must have a normal retirement age of 60. Permission to apply for judicial review was granted by Langstaff J on 8 March 2016.’

Judges:

Nicola Davies J

Citations:

[2016] EWHC 2186 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Police

Updated: 22 May 2022; Ref: scu.569398

Katz v Sos (Police and Judicial Cooperation In Criminal Matters): ECJ 9 Oct 2008

ECJ Police and judicial cooperation in criminal matters – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Private prosecutor in substitution for the public prosecutor – Testimony of the victim as a witness.

Citations:

C-404/07, [2008] EUECJ C-404/07

Links:

Bailii

Jurisdiction:

European

Police

Updated: 20 May 2022; Ref: scu.276795

Preston Borough Council v McGrath: ChD 18 Feb 1999

The defendant had been interviewed by the police investigating allegations of corruption. The Council in its civil claim, exhibited documents received from the police, and obtained in that investigation. The receipt of documents by a defendant under an implied undertaking not to use them for another purpose, implied no similar cross undertaking on behalf of the prosecution. The purpose of the undertaking is not served by such an implication.

Judges:

Burton J

Citations:

Times 18-Feb-1999, Gazette 24-Feb-1999

Jurisdiction:

England and Wales

Cited by:

Appeal from – Preston Borough Council v McGrath CA 12-May-2000
The defendant had been investigated for fraud against the claimant. He had disclosed documents to the police, but now complained at their use in the civil proceedings against him.
Held: The document had not been given to the police under . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Local Government, Police

Updated: 19 May 2022; Ref: scu.85029

Fraser v Mirza: HL 29 Mar 1993

A complaint made against a police officer may be libellous if it was made with an improper motive: ‘The motive with which a person made a defamatory communication can only be ascertained from an examination of his state of mind at the time he made it, which, as Lord Diplock said, can only be inferred from what he did or said or knew . . In the circumstances I am of the opinion that the respondent’s intentions in respect of what he was trying to convey by the letter are properly to be taken into account for the purpose of ascertaining what was the dominant motive operating on his mind at the time he wrote it . . Absent of belief in the truth of a defamatory allegation actually conveyed is, as Lord Diplock said [in Horrocks v Lowe], usually conclusive evidence of improper motive amounting to express malice. There is no valid reason for not holding that the same inference is necessarily to be drawn where the maker of the communication is proved to have intended by it to convey a defamatory allegation in the truth of which he did not believe, but which on a proper construction of the communication it is found not to bear.’

Judges:

Lord Keith of Kinkel

Citations:

Ind Summary 29-Mar-1993, [1993] SC (HL) 27, [1993] UKHL 14, 1993 SLT 527

Links:

Bailii

Citing:

Cited – Horrocks v Lowe HL 1974
The plaintiff complained of an alleged slander spoken at a meeting of the Town Council. The council meeting was an occasion attracting qualified privilege. The judge at trial found that the councillor honestly believed that what he had said in the . .
Lists of cited by and citing cases may be incomplete.

Defamation, Police, Scotland

Updated: 19 May 2022; Ref: scu.80667

Director of Public Prosecutions v Waite: QBD 17 May 1996

The defendant had a scanner tuned to listen in to the police channel. He committed an offence under the section.

Citations:

Times 17-May-1996, (1996) 160 JP 545

Statutes:

Wireless Telegraphy Act 1949 5(b)(i)

Cited by:

Cited – Regina v Knightsbridge Crown Court ex parte Foot Admn 29-Jan-1998
A device which tested for police radar speed check did not intercept a message between persons and therefore was not unlawful. ‘a signal in this context is not a mere electronic impulse but is rather a sign or something of meaning to another person. . .
Lists of cited by and citing cases may be incomplete.

Crime, Police

Updated: 19 May 2022; Ref: scu.80051

Director of Public Prosecutions v Ara: QBD 16 Jul 2001

The defendant had been interviewed at the police station, and told that, in the light of his admission, he would be cautioned. He returned with a solicitor, who said that before he could advise his client to accept the caution, he needed to hear the interview tape, and to see the evidence. The police refused access, and the defendant was charged. He then successfully applied for the proceedings to be stayed as an abuse of process. The prosecutor appealed. The court said that without that information, the solicitor could not properly advise his client. The defendant was entitled to informed legal advice. This should not be taken as creating a general obligation on police to provide wide ranging disclosure before charge.

Judges:

Rose LJ, Silber J

Citations:

Times 16-Jul-2001, Gazette 23-Aug-2001

Criminal Practice, Police

Updated: 19 May 2022; Ref: scu.79980

William Cowan v Sir Paul Condon – Metropolitan Police Service: CA 31 Aug 1999

The fact that a vehicle could count as ‘premises’ for the purposes of the Act, did not mean that that could or should restrict the ability of the police to impound a motor vehicle. There was no power to seize premises, but that could not imply that a moveable object was not subject to seizure.

Citations:

Gazette 02-Sep-1999, Times 31-Aug-1999, [1999] EWCA Civ 2031

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984

Jurisdiction:

England and Wales

Police

Updated: 19 May 2022; Ref: scu.79581

Bennett v Commissioner of Police of the Metropolis: Admn 24 Oct 1997

Police and prosecuting authority have no inherent immunity from suit for tort of misfeasance in public office if the breach is properly made out. Immunity extends to statements made or agreed to be made out of court ‘if these were clearly and directly made in relation to the proceedings in court, for example, witnesses’ proofs of evidence.’

Judges:

Sir Richard Scott VC

Citations:

Times 24-Oct-1997, (1997) 10 Admin LR 245

Cited by:

Cited – Darker v Chief Constable of The West Midlands Police HL 1-Aug-2000
The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were . .
Cited – Taylor and Others v Director of The Serious Fraud Office and Others HL 29-Oct-1998
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 18 May 2022; Ref: scu.78337

Baldwin v West Yorkshire Police, orse Baldwin v Director of Public Prosecutions: QBD 3 Jul 1995

The choice given to a person detained on suspicion of driving with excess alcohol, of giving either a blood or a urine sample was given satisfactorily, if it was done properly and fairly. Curtis J: ‘I would observe that the words of Lord Bridge in Director of Public Prosecutions v. Warren [1993] R.T.R. 58 are not a statute. As I have endeavoured to set out, they are words to guide the lower courts in the interpretation of the statute and how this branch of the law should be approached.
In my judgment, so long as the option given by the statute is explained fairly and properly so that the driver can make an informed decision, the requirements of justice and the efficacy of the driver’s option given by the statute under section 8(2) are ensured. Of course, it is right, as Turner v. Director of Public Prosecutions (Note-1994) [1996] R.T.R. 274, 278L-279A requires, that the explanation of the matters that the driver has to be told in order to exercise his proper right should be detailed.
However, on the facts of this case, in my judgment, this particular defendant did make an informed decision and was given all the necessary explanations and information that he would need to make a proper and informed decision.’

Judges:

Curtis J

Citations:

Ind Summary 03-Jul-1995, [1996] RTR 238

Statutes:

Road Traffic Act 1988 8(2)

Road Traffic, Police

Updated: 18 May 2022; Ref: scu.78105

Regina v Samuel: CA 1988

The defendant had been arrested on suspicion of armed robbery. He asked for a solicitor, but one was refused under section 58 of the 1984 Act. He appealed against his conviction saying that he should have been allowed access to a solicitor.
Held: The appeal was allowed. He could not be refused access to a solicitor after charge where, as here, the initial charges had been of burglary, and the inspector refusing access had to justify the refusal of access to any particular solicitor. The right of a suspect to consult and instruct a lawyer ‘as one of the most important and fundamental rights of a citizen’.

Judges:

Hodgson J

Citations:

[1988] QB 615, [1988] 2 WLR 920, (1987) Cr App R 232

Statutes:

Police and Criminal Evidence Act 1984 58(1)

Cited by:

Cited – Ambrose v Harris, Procurator Fiscal, Oban, etc SC 6-Oct-2011
(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what . .
Cited – Beeres v Crown Prosecution Service (West Midlands) Admn 13-Feb-2014
The defendant said that his confession should not have been admitted in evidence it having been given when he had not been advised of his rights whilst at the police station because of his inebriation.
Held: The appeal failed. A confession is, . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Legal Professions, Police

Updated: 18 May 2022; Ref: scu.445392

Plange v Chief Constable for Humberside Police: CA 23 Mar 1992

Where an arresting officer knows at the time of arrest that no charge is possible, the arresting officer acts unlawfully. However, it is for the claimant to establish on Wednesbury principles that the decision to arrest in any particular case was unlawful for want of proper exercise of discretion. Parker LJ said that ‘it will only be in very exceptional cases that the condition precedent [in section 24(6) reasonable grounds to suspect] being satisfied, a Wednesbury challenge can succeed’.

Judges:

Parker LJ

Citations:

Times 23-Mar-1992, [1992] 156 LG Rev 1024, (1992) TLR 137

Cited by:

Cited – Richardson v The Chief Constable of West Midlands Police QBD 29-Mar-2011
The claimant, a teacher, said he had been unlawfully arrested and detained after an allegation of assault from a pupil. Having attended the police station voluntarily, he said that the circumstances did not satisfy the required precondition that an . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 18 May 2022; Ref: scu.431558

Ancell and Another v McDermott and Others: CA 17 Mar 1993

Police are under no duty to warn road users of a hazard on road. The police have no general liability in negligence for reasons of public policy.

Citations:

Gazette 17-Mar-1993, [1993] 4 All ER 355

Jurisdiction:

England and Wales

Cited by:

Cited – Mullaney v Chief Constable of West Midlands Police CA 15-May-2001
The claimant police officer was severely injured making an arrest. He claimed damages from the respondent for contributory negligence of other officers in failing to come to his assistance.
Held: If a police officer owes a duty of care to . .
Cited – Brooks v Commissioner of Police for the Metropolis and others HL 21-Apr-2005
The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, . .
Cited – Welton, Welton v North Cornwall District Council CA 17-Jul-1996
The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he . .
Lists of cited by and citing cases may be incomplete.

Negligence, Police

Updated: 17 May 2022; Ref: scu.77784

Rex v Ford: 1817

It is not necessary for a person making an arrest to state the charge to the person detained in technical or precise language.

Citations:

(1817) R and R 329

Cited by:

Cited – Christie v Leachinsky HL 25-Mar-1947
Arrested Person must be told basis of the Arrest
Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 17 May 2022; Ref: scu.259577

Regina v Central Criminal Court ex parte A J D Holdings Ltd: CACD 14 Feb 1992

Nolan LJ said that the phrase used in section 15(6)(b), ‘so far as is practicable,’ is imprecise and that it may well be impossible to draw a clear line between what is and what is not practicable.

Judges:

Nolan LJ

Citations:

Unreported 14 February 92

Statutes:

Police and Criminal Evidence Act 1984 15(6)(b)

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Chief Constable for Warwickshire and Others Ex Parte Fitzpatrick and Others QBD 1-Oct-1997
Judicial Review is not the appropriate way to challenge the excessive nature of a search warrant issues by magistrates. A private law remedy is better. Jowitt J said: ‘Judicial review is not a fact finding exercise and it is an extremely . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 17 May 2022; Ref: scu.235713

Rawlings v Till: 1837

Citations:

(1837) 3 M and W 28

Jurisdiction:

England and Wales

Cited by:

Applied – Collins v Wilcock QBD 1984
The defendant appealed against her conviction for assaulting a police constable in the execution of his duty. He had sought to caution her with regard to activity as a prostitute. The 1959 Act gave no power to detain, but he took hold of her. She . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 16 May 2022; Ref: scu.186336

Jackson v Stevenson: 1897

At common law, it is contrary to constitutional principle and illegal to search someone to establish whether there are grounds for an arrest

Citations:

(1897) 2 Adam 255

Jurisdiction:

England and Wales

Cited by:

Cited – Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another SC 17-Dec-2015
The Court considered the validity of suspicionless stop and search activities under s 60 of the 1994 Act, by police officers.
Held: The claimant’s appeal failed. The safeguards attending the use of the s 60 power, and in particular the . .
Lists of cited by and citing cases may be incomplete.

Police, Constitutional

Updated: 16 May 2022; Ref: scu.605177

Ratcliffe v Eden et al: KBD 22 Nov 1776

There had been a riot by sailors in Liverpool. The cort was asked whether the victim of a riot could recover compensation not only for the damage to his house but for also the destruction of the furniture and household goods within his house. The hundred argued that the victim could not recover for the furniture and goods as their destruction was a separate and independent act from the damage to the house.
Held: The argument was rejected. The 1714 Act had altered the nature of the offence; rioters were no longer trespassers but felons and were to be hanged. Before the 1714 Act the trespassers would have been liable in damages. Under the Act the inhabitants of the hundred instead were liable in damages and this was an inducement to them to perform their duty of preventing or suppressing riots. As the destruction of the furniture and goods occurred at the same time as the damage to the house, it was part of the demolition of the house just as it would be if the pulling down of the house crushed the furniture.
Lord Mansfield stated: ‘This is the great principle of the law, that the inhabitants shall be in the nature of sureties for one another. It is a very ancient principle; as old as the institution of the decennaries by Alfred, whereby the whole neighbourhood or tithing of freemen were mutual pledges for each other’s good behaviour. The same principle obtains in the Statutes of Hue and Cry. It is the principle here.’ Ashhurst J agreed.
Aston J advocated a liberal interpretation: ‘The object and principle of this Act was, to transfer the damages occasioned by the trespass, from the rioters to the hundred; to make it felony in the offenders themselves, and to put the party injured in the same state as before. It is a remedial law, and ought to be extended.’

Judges:

Lord Mansfield, Aston J. Ashhurst J

Citations:

[1776] EngR 58, (1776) 2 Cowp 485, (1776) 98 ER 1200

Links:

Commonlii

Statutes:

Riot Act 1714

Jurisdiction:

England and Wales

Cited by:

Cited – The Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd and Others SC 20-Apr-2016
The Court considered the quantification of damages to be awarded to a business suffering under riots under the 1886 Act, and in particular whether such recoverable losses included compensation for consequential losses, including loss of profits and . .
Lists of cited by and citing cases may be incomplete.

Police, Damages

Updated: 15 May 2022; Ref: scu.373325

Hyde v Cogan And Others: 22 Jun 1781

After the anti-Catholic ‘Gordon Riots’ in London in June 1780, which caused extensive damage and destruction of property, including Lord Mansfield’s house in Bloomsbury Square, damages were claied from the local hundred. The hundred argued that the 1714 Act was penal against both the trespasser and the hundred and ought to be interpreted narrowly.
Held: (Lord Mansfield present but not taking part) It was not penal, but remedial, and was to be interpreted liberally.
Buller J said that, as a result, it should be interpreted liberally.
Willes J, said that the furniture in a London house might be worth twice as much as the house itself, and that a liberal interpretation brought household goods within the scope of the statutory compensation scheme.

Judges:

Willes, Ashhurst and Buller JJ

Citations:

[1781] EngR 69, (1781) 2 Doug 699, (1781) 99 ER 445

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – The Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd and Others SC 20-Apr-2016
The Court considered the quantification of damages to be awarded to a business suffering under riots under the 1886 Act, and in particular whether such recoverable losses included compensation for consequential losses, including loss of profits and . .
Lists of cited by and citing cases may be incomplete.

Police, Damages

Updated: 15 May 2022; Ref: scu.372535

Kaufmann Brothers v Liverpool Corporation: KBD 1916

It was argued that a claim under the 1886 Act was a claim for ‘alleged neglect or default’ within the meaning of the 1893 Act, so that the claim was time-barred under that Act.
Held: The argument failed. The 1893 Act did not apply.
Lush J said: ‘In this case the police authority failed to fix the compensation to the satisfaction of the plaintiffs and they brought this action. It was an action to recover compensation under the statute; it was not brought to recover damages for any default on the part of the police authority; it was simply an action to recover such an amount as the county court judge might think right to allow as compensation for the damage done to the plaintiffs’ property’.

Judges:

Lush J, Rowlatt J

Citations:

[1916] 1 KB 860

Statutes:

Public Authorities Protection Act 1893, Riot (Damages) Act 1886

Cited by:

Cited – Bedfordshire Police Authority v Constable and others ComC 20-Jun-2008
The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance . .
Cited – Yarl’s Wood Immigration Ltd and Others v Bedfordshire Police Authority CA 23-Oct-2009
The claimant sought to recover the costs of damage to their centre following a riot, saying that under the 1886 Act, they were liable. It appealed against a ruling that they were unable to claim as a public authority, saying that the 1886 Act was . .
Lists of cited by and citing cases may be incomplete.

Police, Limitation

Updated: 15 May 2022; Ref: scu.270266

Kinsella v Chief Constable of Nottinghamshire: QBD 24 Aug 1999

Where a police force is sued for negligence the questions of public policy which might prevent the case proceeding might be raised in interim proceedings before the trial, and there is no rule of law requiring them to be dealt with only at the trial of the action, provided there was sufficient information to allow such a decision on the pleadings.

Citations:

Times 24-Aug-1999

Police

Updated: 15 May 2022; Ref: scu.82802

Regina (A) v Chief Constable of C: QBD 2001

The court considered the disclosure of unproved allegations as between police forces. Police authorities had disclosed information concerning the claimant to each other and in one case to a local authority. The information related to allegations of criminal conduct by the applicant towards children. These had been investigated but never prosecuted. The information was divulged to a prospective employer following the application by the claimant for a job as a primary school teacher.
Held: The court should consider whether a ‘pressing need’ could be shown.
There was no ‘decision’ such as to attract an obligation requiring to be judged according to the rules of procedural fairness (and therefore by implication no Article 6(1) claim): ‘What then of the position of the D constabulary when the information was passed by them to the local education authority? There cannot be the slightest doubt that the local education authority had a lawful interest and a ‘pressing’ need to receive the information which was in the possession of the county police since it was or could be important as affecting the decision which it was required to make. In one sense, the local education authority was the body best qualified to decide what, if anything, it would make of the information with which it was being provided. If it was uncertain about the strength of the complaints and needed to know more in order that it could make an informed decision, it was always at liberty to ask for assistance from the communicating police force for its opinion about that matter. It would thereafter be for it to decide whether, or to what extent, the non-conviction material should inform its decision. Before it did, it would, of course, have to provide the applicant with at least the gist of that information and offer him the opportunity to make representations about it.’

Judges:

Turner J

Citations:

[2001] 1 WLR 461

Jurisdiction:

England and Wales

Cited by:

Cited – Dr D, Regina (on the Application of) v Secretary of State for Health CA 19-Jul-2006
The doctor complained of the use of Alert letters where he was suspected of sexual abuse of patients, but the allegations were unsubstantiated. He complained particularly that he had been acquitted in a criminal court and then also by the . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights, Information

Updated: 14 May 2022; Ref: scu.244746

Regina (A and Another) v Inner South London Coroner: CA 2 Nov 2004

Police officers sought anonymity when asked to appear before a coroner’s court, citing fear of violence if named. The family of the deceased appealed an order granting that to them.
Held: The coroner had heard evidence that a family member had told the officers they would be at risk if a verdict of unlawful killing was not returned. The decision by the coroner not to grant anonymity was a mistake.

Citations:

Times 11-Nov-2004

Jurisdiction:

England and Wales

Citing:

Appeal from – A and Another v Inner South London Coroner QBD 24-Jun-2004
At an inquest into the death of a civilian apparently shot by police officers, the officers applied for anonymity, which the coroner refused. They sought judicial review.
Held: How witnesses participated in coroners inquests was to be decided . .
Cited – A and Others, Regina (on the Application of) v Lord Saville of Newdigate and others CA 28-Jul-1999
Former soldiers who had been involved in the events in Londonderry in 1972, and were to be called to give evidence before a tribunal of inquiry, still had cause to fear from their names being given, and so were entitled to anonymity when giving such . .

Cited by:

Appealed to – A and Another v Inner South London Coroner QBD 24-Jun-2004
At an inquest into the death of a civilian apparently shot by police officers, the officers applied for anonymity, which the coroner refused. They sought judicial review.
Held: How witnesses participated in coroners inquests was to be decided . .
Lists of cited by and citing cases may be incomplete.

Coroners, Police

Updated: 13 May 2022; Ref: scu.219421

Coulter v Chief Constable of Dorset Police: ChD 12 Dec 2003

The claimant had failed in an action for damages against the respondent, and had failed to pay the costs award. The respondent issued a statutory demand. He claimed that it was invalid because the chief constable had changed in the interim, and there had been no assignment of the benefit of the order.
Held: The office of chief constable was not a corporation, but an office. Some assignment was required. There was no statutory assignment, but there had been an equitable one. An equitable assignment need take no particular form: ‘All that is needed is a sufficient expression of an intention to assign’. Equity would treat as done that which ought to have been done.

Citations:

Times 24-Dec-2003, [2003] EWHC 3391, [2004] 1 WLR 1425

Statutes:

Insolvency Rules 1986 (1986 No 1925) 6.1

Jurisdiction:

England and Wales

Citing:

Cited – Attorney-General for New South Wales v Perpetual Trustee Co Ltd PC 14-Mar-1955
(Australia) The Crown could not recover damages for the loss of the services of a police constable as the result of injuries caused by the negligence of a third person. A chief constable was an office held under the Crown, and the usual relationship . .

Cited by:

Appeal from – Coulter v Chief Constable of Dorset Police CA 8-Oct-2004
The appellant had failed in his action against the police and been ordered to pay the costs. A statutory demand was issued in the name of the respondent, but as the new chief constable had no deed of assignment, he was only equitable assignee.
See Also – Coulter v Chief Constable of Dorset Police CA 13-Jul-2005
An appeal was made against an order refusing to set aside a second statutory demand. The demand was to enforce payment of an order for costs made in proceedings between the parties. The first statutory demand had been upheld, and the judge found . .
Lists of cited by and citing cases may be incomplete.

Police, Insolvency, Equity

Updated: 12 May 2022; Ref: scu.189946

Mercer v Oldham: QBD 1984

The respondent had recovered his car from the police via a complaint to the magistrates, having lent it to his brother-in-law, who had used it in a burglary. The magistrates found that he had not known of the intended use. The police had taken no steps to ascertain his state of knowledge, and the magistrates ordered the police to pay his costs. The police appealed by case stated against the order for costs.
Held: The appeal was dismissed. The conduct of the police justified the order. In the course of judgment the Court said: ‘In matters of this kind, it was of the utmost assistance to the justices that the police should be present at court, both to indicate whether or not they objected to the order being made, and to test the evidence of a claimant. In such circumstances, the justices would normally make no order for costs. But they did have a discretion, and if they considered that the police had gone beyond the usual rule merely assisting the justices, and actively opposed the order, then there was no reason why the justices should not, in the exercise of their discretion, order the police to pay costs. That was clearly what happened in the present case.’

Citations:

[1984] Crim LR 232

Jurisdiction:

England and Wales

Magistrates, Police, Costs

Updated: 11 May 2022; Ref: scu.401966

Regina v Chelmsford Crown Court, Ex Parte Farrer: QBD 27 Oct 1999

The licensed shotgun owner kept his guns locked in his mother’s house, and she knew the whereabouts of the key, but was not herself licensed. The police objected to the renewal saying she had access to them and they were not therefore kept securely.
Held: The proper issue was for the potential licence holder to establish that the condition requiring security was satisfied. Case remitted.

Citations:

Gazette 27-Oct-1999, Times 05-Nov-1999

Statutes:

Firearms Rules 1989 (1989 No 854) 4(4)(iv)(a) 3(4)(iv)(a)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Regina v Chelmsford Crown Court, Ex Parte Farrer CA 29-Mar-2000
A shotgun owner kept his guns locked in his mother’s house, and she had access to the key. She was not licensed. The police objected to the renewal saying she had access to them, and they were not therefore kept securely.
Held: The proper . .
Lists of cited by and citing cases may be incomplete.

Licensing, Police

Updated: 11 May 2022; Ref: scu.85173

Abrahams v Commissioner of the Police for the Metropolis: CA 8 Dec 2000

The claimant had been arrested for swearing at a police officer. After her arrest, the claimant made admissions to secure a caution, rather than risk prosecution. She later sought to begin a civil action for damages against the police in the course of which she the denied the matters which she had earlier admitted.
Held: The claimant’s appeal against a strike out of her claim succeeded. The admissions had been secured by an apparent breach of duty by the officer, and she was not be estopped from bringing the claim. The formal caution is not so closely analogous to a conviction that the claimant should be barred from beginning civil proceedings because of it. An attack on the caution did not involve attacking any decision of a court of co-ordinate jurisdiction.
Lord Justice Mantell said: ‘the caution was not brought about by any decision of a court of justice, so did not fall foul of the rule in Saif Ali. An attack on it did not involve attacking a decision of a court of co-ordinate jurisdiction.’

Judges:

Mantell LJ, Kay LJ

Citations:

Gazette 01-Feb-2001, Times 21-Dec-2000, [2001] 1 WLR 1257, [2000] EWCA Civ 3043, [2000] Po LR 374

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Saif Ali v Sydney Mitchell and Co (a Firm) HL 1978
Extent of Counsel’s Immunity in Negligence
The House considered the extent of a barrister’s immunity from action in negligence, and particularly whether it covered pre-trial acts or omissions in connection with civil proceedings.
Held: A barrister’s immunity from suit extended only to . .

Cited by:

Cited – Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another SC 17-Dec-2015
The Court considered the validity of suspicionless stop and search activities under s 60 of the 1994 Act, by police officers.
Held: The claimant’s appeal failed. The safeguards attending the use of the s 60 power, and in particular the . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Criminal Practice, Police

Updated: 10 May 2022; Ref: scu.77618

Regina v Simmons: 1988

(Supreme Court of Canada) A contraband search based on reasonable suspicion of the presence of smuggled material is an exception to the usual requirements for searches imposed by section 8 of the Charter of Fundamental Rights.
Dickson CJ said: ‘People do not expect to be able to cross international borders free from scrutiny . . Consequently, travellers seeking to cross national boundaries fully expect to be subject to a screening process. This process will typically require the production of proper identification and travel documentation and involve a search process . . ‘

Judges:

Dickson CJ

Citations:

[1988] 2 RCS 495

Jurisdiction:

Canada

Cited by:

Cited – Beghal v Director of Public Prosecutions SC 22-Jul-2015
Questions on Entry must be answered
B was questioned at an airport under Schedule 7 to the 2000 Act, and required to answer questions asked by appropriate officers for the purpose set out. She refused to answer and was convicted of that refusal , contrary to paragraph 18 of that . .
Lists of cited by and citing cases may be incomplete.

Customs and Excise, Police, Human Rights

Updated: 09 May 2022; Ref: scu.590394

Regina v Longman: QBD 1988

Lord Lane CJ expressed reservations as to the construction of this provision: whether the consequence of a breach of section 15 or section 16 or both would render a search of premises under a warrant unlawful and he expressed the tentative view, based on the use of the singular ‘it’, that the unlawfulness referred to the warrant rather than the search, albeit that this would appear to defeat the intention of the framers of the Act.

Judges:

Lord Lane CJ, Boreham and Pill LJJ

Citations:

[1988] 1 WLR 619

Statutes:

Police and Criminal Evidence Act 1984

Jurisdiction:

England and Wales

Cited by:

Not Preferred – Regina v Chief Constable for Warwickshire and Others Ex Parte Fitzpatrick and Others QBD 1-Oct-1997
Judicial Review is not the appropriate way to challenge the excessive nature of a search warrant issues by magistrates. A private law remedy is better. Jowitt J said: ‘Judicial review is not a fact finding exercise and it is an extremely . .
Cited – Bhatti and Others v Croydon Magistrates’ Court and Others Admn 3-Feb-2010
The claimant challenged the valiity of search warrants used at his home. He said they were deficient in not including the information as required by the Act. The police said that they were in accordance with the Home Office guidance.
Held: . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 07 May 2022; Ref: scu.235714

Re B (A Minor): FD 15 Dec 1989

Ewbank J considered the case of a ward of court, aged 17.5 years who had been arrested by the police on suspicion of burglary and said: ‘After he was arrested he was interviewed by the police who did not know that he was a ward of court. They became aware that he was a ward of court at his trial, and the police accordingly brought the matter to the attention of the wardship court on the basis of the Practice Direction of 18 July 1988 . .
It is suggested that the wording of . . paragraph [(b)] implies that, if there is no urgency about the interviews, leave ought to be sought; and if prior leave has not been obtained, subsequent approval should be sought. I am told that these matters are going to be the subject of an application to the President in due course . .
The statutory provision in relation to interviews with children in police detention are contained in s 57 of the Police and Criminal Evidence Act 1984. This provides that where a child or young person is in police detention various steps must be taken. These provisions apply to children under 17 and do not apply to children over 17. The ward was 17.5, and accordingly under the statutory provision it was not necessary to inform anyone of the arrest or detention of the child.
In the circumstances, in a case of a child over 17 who is a ward of court, in my judgment, it is accordingly not necessary for prior leave to be sought or for subsequent approval to be sought of any steps taken by the police in respect of the arrest or detention of the child. I accordingly make no order on the application in this case.’

Judges:

Ewbank J

Citations:

[1990] FCR 469

Jurisdiction:

England and Wales

Cited by:

Cited – Re A Ward of Court FD 4-May-2017
Ward has no extra privilege from Police Interview
The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to . .
Lists of cited by and citing cases may be incomplete.

Children, Police

Updated: 06 May 2022; Ref: scu.588220

Practice Direction (Ward: Witness at Trial) (No 2): FD 18 Jul 1988

‘The registrar’s direction of 11 November 1987, Practice Direction (Ward: Witness at Trial) [1987] 1 W.L.R. 1739, set out the procedure to be followed to obtain leave for the police to interview a child who is a ward of court. It provided that all applications for leave should be made to a judge on summons on notice to all parties.
That procedure is hereby modified to the extent that where a party may become the subject of a criminal investigation and it is considered necessary for the ward to be able to be interviewed without that party knowing that the police are making inquiries, the application for leave may be made ex parte to a judge without notice to that party. Notice should, however, where practicable be given to the guardian ad litem.
There will be other occasions where the police need to deal with complaints, or alleged offences, concerning wards where it is appropriate, if not essential, for action to be taken straight away without the prior leave of the wardship court. Typical examples may be: (a) serious offences against the ward such as rape, where the medical examination and the collection of forensic evidence ought to be carried out promptly, (b) where the ward is suspected by the police of having committed a criminal act and the police wish to interview him in respect of that matter, (c) where the police wish to interview the ward as a potential witness. This list is not exhaustive. There will inevitably be other instances where immediate action is appropriate.
The President and judges of the Family Division are of the opinion that, where any such instances are encountered, the police should notify the parent or foster parent with whom the ward is living or other ‘appropriate adult’ within the Home Office Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers, so that that adult has the opportunity of being present when the police interview the child. Additionally, if practicable the guardian ad litem (if one has been appointed) should be notified and invited to attend the police interview or to nominate a third party to attend on his behalf. A record of the interview or a copy of any statement made by the ward should be supplied to the guardian ad litem. Where the ward has been interviewed without the guardian’s knowledge he should be informed at the earliest opportunity and (if it be the case) that the police wish to conduct further interviews. The wardship court should be appraised of the situation at the earliest possible opportunity thereafter by the guardian ad litem, the parent, foster-parent (through the local authority) or other responsible adult.’

Judges:

Sir Stephen Brown P

Citations:

[1988] 1 WLR 989

Jurisdiction:

England and Wales

Citing:

Updated – Practice Direction (Ward: Witness at Trial) EW 11-Nov-1987
‘Where the police desire to interview a child who is already a ward of court application must be made for leave for the police to do so . . If it is desired to conduct any interview beyond what is permitted by the order further application should be . .

Cited by:

Cited – Re A Ward of Court FD 4-May-2017
Ward has no extra privilege from Police Interview
The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to . .
Lists of cited by and citing cases may be incomplete.

Children, Police

Updated: 06 May 2022; Ref: scu.588739

In re A (A Minor) (Wardship: Police Caution): FD 28 Jun 1989

The Court considered the role of the wardship court where the police wished to caution a ward of court. The question fell into two parts. In relation to the first, Cazalet J said this: ‘The decision as to whether to caution in lieu of prosecuting is a matter which is wholly within the discretion of the appropriate prosecuting authority. The question has been raised as to whether, when the juvenile concerned is a ward of court, the court has any power to intervene or play some part in such decision-making process.’
Having referred to In re K (Minors) (Wardship: Criminal Proceedings) [1988] Fam 1, he continued: ‘In my view, similar considerations apply in the present circumstances, and it is for the prosecuting authority and that authority alone to decide whether to caution in lieu of prosecuting in a particular case. The court has no power to intervene in this decision-making process.’

Judges:

Cazalet J

Citations:

[1989] Fam 103

Jurisdiction:

England and Wales

Cited by:

Cited – Re A Ward of Court FD 4-May-2017
Ward has no extra privilege from Police Interview
The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to . .
Lists of cited by and citing cases may be incomplete.

Children, Police

Updated: 06 May 2022; Ref: scu.588740

Arias and Others v Commissioner for the Metropolitan Police and Another: CA 1 Aug 1984

A police officer searched premises under a warrant seizing documents of a trust corporation managed by the occupier. The trustees sought return of the documents or, alternatively, copies of them. The police believed that the documents were evidence of a widespread fraud and that the documents were crucial to their investigations and that the investigation might be ‘hampered’ and disclosure might provide ‘an opportunity to fabricate evidence’. The police claim succeeded. The trustees appealed
Held: The appeal succeeded. May LJ giving the leading judgment said: ‘For my part I respectfully do not think that in that passage from his speech in IRC v. Rossminster . . which I have just read, Lord Diplock was intending to go as far as that. It seems to me quite apparent from his reference to ‘other evidence’ on the relevant application being ‘strong enough to justify the inference that no reasonable person could have thought so’ necessarily contemplates that to which Lord Morris referred in his speech in Conway v. Rimmer . . namely that in all these cases where there are conflicting public interests the ultimate decision as to which is to prevail must depend upon the exercise of discretion by the judge before whom the relevant application is made, that is to say by him conducting an appropriate balancing exercise of the one public interest against the other, and of the harm which would result from denying one public interest against the harm which would result from denying the other. That that is the duty of the court in these circumstances is, I think, quite apparent also from such cases as D v. NSPCC. . . In that context I quote paragraphs 19 and 21 of the learned judge’s judgment: ‘The second defendant –that is, the detective constable — has sworn that all the documents are crucial to his investigation and the reason why copies should not be provided he goes on to say, is because if they are disclosed at this stage there is a future real danger that his investigations may be hampered and an opportunity provided to fabricate evidence.
I am not satisfied that the evidence I have considered is strong enough to justify the inference that the Second Defendant has no reasonable grounds for his belief and accordingly this application for a mandatory injunction is refused.’
It will be immediately apparent that the learned judge’s reference to ‘evidence’ and ‘inference’ in paragraph 21 stems from the dictum of Lord Diplock in the Rossminster case which I have quoted . . ‘For my part I accept that in the factual context of the present case a claim to a public interest to retain documents so that criminal investigations may be properly prosecuted is at least arguable. I also accept, however, Mr. Purnell’s submission that in this particular case the claim to that public interest immunity goes very much further than it has in any other case. He submits, for instance, that it would not be difficult in almost any case –particularly any case involving documentary material –for the prosecuting authority to come along and depose genuinely on affidavit to their fear that if the documents were disclosed the alleged offenders might seek to fabricate defences. This shows, he submits, how wide is the claim for immunity in this appeal.
For the reasons which I have tried to give, I think at the end of the day, in these cases where there are two conflicting public interests involved and one cannot at once say that in the particular circumstances one or the other must clearly prevail, it is a question for the court to perform the sort of balancing exercise to which I have referred, setting the one public interest against the other, the benefit of which will accrue from the maintenance of the one against the benefit which will accrue from the maintenance of the other, and also the harm which will accrue from not allowing one or the other to succeed . . Whilst I bear in mind what Lord Morris said in his speech in Conway v. Rimmer . . that one must remember that it may sometimes be difficult for a person claiming this particular public interest privilege to condescend to substantial particulars for the very reason that, if he does, he may give the whole game away at that stage, I am satisfied that the evidence in the two affidavits to which I have referred, when properly and realistically analysed, is really only speculation. What the officer says, for instance, in the most recent affidavit is that, if the information were to be made available, ‘it would enable them, if so minded, to attempt to cover their tracks by the production of other documents based on the information contained in the documents which I hold.
As I have said, I take the view that in all these cases what the court has to do is to conduct the appropriate balancing exercise. I would not wish it to be thought that in every case something more than the mere statement of belief on reasonable grounds on the part of the relevant police officer or revenue officer is required. Each of these cases, in which this conflict of public interest arises has to be decided on its own facts having regard to all the circumstances of the case as they then appear to the court. Doing the balancing exercise in the present case, however, bearing in mind the view that I take of the speculative character of the evidence proffered on behalf of the respondents, I am driven to the conclusion that the fact that these documents are the appellants’ own documents, and that they are only asking for copies of them to enable the trust business to be carried on, even if they may wish to prepare their defence to any criminal prosecution which may hereafter be instituted, leads to the balance coming down clearly in favour of the appellants . . In my judgment, to make good that claim would require substantially more cogent evidence than is available in the affidavits sworn by the detective constable in the instant case.’

Judges:

Kerr, May LJJ

Citations:

(1984) SJ (128) 784

Jurisdiction:

England and Wales

Citing:

Cited – Conway v Rimmer HL 28-Feb-1968
Crown Privilege for Documents held by the Polie
The plaintiff probationary police constable had been investigated, prosecuted and cleared of an allegation of theft. He now claimed damages for malicious prosecution, and in the course of the action, sought disclosure of five documents, but these . .
Cited – Regina v Inland Revenue Commissioners ex parte Rossminster Ltd HL 13-Dec-1979
The House considered the power of an officer of the Board of Inland Revenue to seize and remove materials found on premises which a warrant obtained on application to the Common Serjeant authorised him to enter and search; but where the source of . .
Cited – D v National Society for the Prevention of Cruelty to Children HL 2-Feb-1977
Immunity from disclosure of their identity should be given to those who gave information about neglect or ill treatment of children to a local authority or the NSPCC similar to that which the law allowed to police informers.
Lord Simon of . .

Cited by:

Cited – Andrew v News Group Newspapers Ltd and Commissioner of the Police for the Metropolis ChD 18-Mar-2011
The claimant sought unredacted disclosure of documents by the second defendant so that he could pursue an action against the first, who, he said, were thought to have intercepted his mobile phone messages, and where the second defendant had . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Police

Updated: 04 May 2022; Ref: scu.443852

Eccles v Bourque: 11 Oct 1974

Canlii (Supreme Court of Canada) An action was brought by the appellant against the respondents, three constables on the Vancouver Police Force, for damages for trespass alleged to have been committed when the police officers entered the appellant’s apartment to apprehend one C, for whom there were three outstanding warrants. The officers were in plain clothes but were armed. They gave notice of presence by knocking on the door of the apartment and after it was opened notice of identity was given. An officer then told the appellant the reason for the entry. C was not found in the apartment. The appellant was successful at trial, but, on appeal, the Court of Appeal by a majority reversed. Leave to appeal to this Court was granted by the Court of Appeal.
Held: The appeal should be dismissed.
Canlii Per Laskin C.J. and Judson, Spence and Dickson JJ.: The submission that a person who is by s. 450 of the Criminal Code authorized to make an arrest is, by s. 25, authorized by law to commit a trespass with or without force in the accomplishment of that arrest, provided he acts on reasonable and probable grounds, was not accepted. Section 25 merely affords justification to a person for doing what he is required or authorized by law to do in the administration or enforcement of the law, if he acts on reasonable and probable grounds, and for using necessary force for that purpose. The question was whether the respondents were required or authorized by law to commit a trespass, not whether they were required or authorized to make an arrest. If they were authorized by law to commit a trespass, the authority for it must be found in the common law for there is nothing in the Criminal Code.
Unlike civil process, in the execution of criminal process the test is whether there are reasonable and probable grounds for acting. If the police officer has reasonable and probable cause to believe that the person named in the warrant for arrest is in the home of a stranger he has the right, after proper demand, to enter the home forcibly, to search and to arrest. In the present case the police officers had reasonable and probable grounds for believing that C was in the appellant’s apartment.
Except in exigent circumstances, the police officers must make an announcement prior to entry. In the ordinary case, before forcing entry, they should give (i) notice of presence by knocking or ringing the doorbell, (ii) notice of authority, by identifying themselves as law enforcement officers and (iii) notice of purpose, by stating a lawful reason for entry. On the facts of this case, proper notice was given.

Judges:

Laskin CJ and Martland, Judson, Ritchie, Spence, Pigeon, Dickson, Beetz and de Grandpre JJ

Citations:

(1974) 50 DLR (3d) 753

Links:

Canlii

Jurisdiction:

Canada

Cited by:

Cited – Gillies v Procurator Fiscal, Elgin HCJ 1-Oct-2008
The police went to the defendant’s flat to find her boyfriend. She refused them access, but when they saw him, the police officers called out that he was under arrest under the 1995 Act, and forced their way past the door and the defendant. The . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police

Updated: 01 May 2022; Ref: scu.276521

Regina v Metropolitan Police Commissioner, Ex parte Fry: 1954

Judges:

Goddard LCJ

Citations:

[1954] 1 WLR 730

Jurisdiction:

England and Wales

Cited by:

Cited – Al-Hasan, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
Prisoners were disciplined after refusing to be squat searched, saying that the procedure was humiliating and that there were no reasonable grounds to suspect them of any offence against prison discipline. The officer who had been involved in . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 30 April 2022; Ref: scu.222928

Wood v United Kingdom: ECHR 16 Nov 2004

Police officers had placed suspects in a cell together and covertly recorded their conversation in order to obtain evidence against them. The events took place in 1999.
Held: The recording was outside any legal system of control and interefred with the defendants right to respect for his private life. The action infringed both articles 8 and 13.

Citations:

Times 23-Nov-2004

Statutes:

European Convention on Human Rights 8 13

Jurisdiction:

Human Rights

Citing:

Cited – Khan v The United Kingdom ECHR 12-May-2000
Evidence was acknowledged to have been obtained unlawfully and in breach of another article of the Convention. The police had installed covert listening devices on private property without the knowledge or consent of the owner. UK national law did . .
Cited – Taylor-Sabori v The United Kingdom ECHR 22-Oct-2002
The applicant had been convicted of serious criminal offences. There were admitted into evidence intercepts of messages to his pager. He complained that this infringed his right to respect for his private correspondence.
Held: The pager . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 30 April 2022; Ref: scu.219691

Swinney and another v Chief Constable of Northumbria Police (No 2): QBD 25 May 1999

A police informant was owed a duty of confidentiality by the police. His information brought him into a special relationship with the police, and they could be liable in damages for failing to take reasonable steps to protect that confidence.

Citations:

Times 25-May-1999

Jurisdiction:

England and Wales

Citing:

See Also – Swinney and Another v Chief Constable of Northumbria CA 22-Mar-1996
The plaintiff, a woman and her husband, had passed on information in confidence to the police about the identity of a person implicated in the killing of a police officer, expressing her concern that she did not want the source of the information to . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 28 April 2022; Ref: scu.89659

Greenock Harbour Trustees v Magistrates of Greenock: HL 4 Aug 1905

The Public Health (Scotland) Act 1897 in sec. 136 enacts-‘With respect to burghs subject to the provisions of the Burgh Police (Scotland) Act 1892, or having a local Act for police purposes, all charges and expenses incurred by or devolving on the local authority in executing this Act, . . and not recovered as hereinbefore provided, may be defrayed out of an assessment (in this Act referred to as the Public Health General Assessment) to be levied by the local authority along with but as a separate assessment from the assessment hereinafter mentioned-that is to say, the said assessment shall be assessed, levied, and recovered in like manner and under the like powers, but without any limit except as in the immediately succeeding section provided, as the General Improvement Rate under the Burgh Police (Scotland) Act 1892, or where there is no such rate, by a rate levied in like manner as the General Improvement Rate under the last-mentioned Act.’ . . And by section 137 it places a limit upon such Public Health General Assessment ‘which’ (assessment) ‘shall be imposed upon all lands and heritages within the district. . . ‘
The Burgh Police (Scotland) Act 1892 in section 359 enacts-‘Whenever the commissioners in any burgh shall resolve . . to make provision for the general improvement of the burgh, it shall be lawful for them to charge in equal proportions all owners and occupiers of lands or premises within such burgh, with reference to the said valuation roll and to all the provisions of this Act applicable to the Burgh General Assessment, . . with a special assessment . . over and above any other assessment or rate to which such persons may be liable under this Act, and such special assessment shall . . be called ‘the General Improvement Rate,’ and shall be leviable either from the owner or occupier of such lands or premises in equal proportions or in whole from the occupiers thereof, . . and such assessment, so far as the occupier is concerned, shall be recoverable in the same manner as the Burgh General Assessment is authorised to be recovered.’ And in section 373 (1) it enacts-‘No assessment authorised by this Act shall be imposed on any lands or premises exempt by Act of Parliament at the commencement of this Act from any corresponding assessment authorised to be imposed by the General Police Acts or the local police Acts respectively applicable to the burghs named in Schedule II of this Act annexed.’
Held (diss Lord Ashbourne – rev the judgment of the Second Division) (1) that the reference in the Public Health (Scotland) Act 1897 to the General Improvement Rate of the Burgh Police (Scotland) Act 1892 covered the exemption therefrom granted by section 373 (1) of the latter Act; (2) that a police rate imposed under a local Police Act upon occupiers only, used to a certain limited extent for improvement purposes, and being the only rate in the burgh so used, was a ‘corresponding assessment’ to the General Improvement Rate within the meaning of section 373 (1) of the Burgh Police (Scotland) Act 1892; and therefore (3) that where in a burgh named in Schedule II of the Burgh Police (Scotland) Act 1892, which had not adopted that Act, the port and harbour had been by statute exempt from such police rate, the port and harbour were also exempt from the Public Health General Assessment imposed under the Public Health (Scotland) Act 1897.

Judges:

Lord Chancellor (Halsbury) and Lords Ashbourne and Robertson

Citations:

[1905] UKHL 848, 42 SLR 848

Links:

Bailii

Jurisdiction:

Scotland

Police

Updated: 26 April 2022; Ref: scu.621187

Motasim v Crown Prosecution Service and Others: QBD 15 Aug 2017

The claimant had been arrested on suspicion of terrorism, from his innocent association with people later convicted of terrorism. The defendant discovered evidence which would undermine the case against him, but refuse to disclose it. Eventually, after the prosecutor was refused a PII claim, he was ordered to be released and the case was dropped. The defendant now applied for the claim to be struck out, saying that it was and had to be speculative.
Held: The claimant having established the detention, it was for the defendant to justify it. The claim was not to be struck out. If necessary, material could be adduced under closed procedure.
In a developing area of law, it would be wrong to strike out a claim on the basis of assumed or hypothetical facts.

Judges:

Davison M

Citations:

[2017] EWHC 2071 (QB)

Links:

Bailii

Statutes:

European Convention on Human Rights 5, Human Rights Act 1998 6

Jurisdiction:

England and Wales

Citing:

Cited – Zenati v Police of The Metropolis and Another CA 11-Feb-2015
The claimant appealed against rejection of his claim for damages for false imprisonment and infringement of his human rights. On his arrest for a different offence his passport was suspected to be counterfeit, and he was then held for an offence . .
Cited – Glinski v McIver HL 1962
The court considered the tort of malicious prosecution when committed by a police officer, saying ‘But these cases must be carefully watched so as to see that there really is some evidence from his conduct that he knew it was a groundless charge.’ . .
Cited – Elguzouli-Daf v Commissioner of Police of the Metropolis and Another CA 16-Nov-1994
The Court upheld decisions striking out actions for negligence brought by claimants who had been arrested and held in custody during criminal investigations which were later discontinued. The Crown Prosecution Service owes no general duty of care to . .
Cited – Moulton v Chief Constable of The West Midlands CA 13-May-2010
The claimant appealed against dismissal of his claim for damages for malicious prosecution and misfeasance in public office. He had been arrested and held on allegations of serious sexual assaults, but then released when the matter came to the Crown . .
Cited – Hicks v Faulkner 1878
Before charging a prisoner, a police officer must have ‘an honest belief in the guilt of the accused based upon a full conviction, founded upon reasonable grounds, of the existence of a state of circumstances, which, assuming them to be true, would . .
Cited – Clooth v Belgium ECHR 12-Dec-1991
Hudoc Violation of Art. 5-3; Just satisfaction reserved . .
Cited – Barrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
Lists of cited by and citing cases may be incomplete.

Human Rights, Police, Torts – Other

Updated: 26 April 2022; Ref: scu.621127

Shields v Shearer and Another: HL 3 Apr 1914

In an action of damages for wrongous arrest brought against two Glasgow policemen who had apprehended the pursuer without warrant, an issue ‘whether on or about 14th October 1912 the defenders wrongfully, illegally, and without reasonable grounds of suspicion apprehended the pursuer in or about Glebe Street, Townnead, and conveyed him to the St Rollox Police Office in Glasgow, to his loss, injury, and damage,’ approved.

Judges:

Lord Chancellor (Haldane), Lord Kinnear, Lord Dunedin, Lord Atkinson, and Lord Shaw

Citations:

[1914] UKHL 403

Links:

Bailii

Jurisdiction:

Scotland

Police, Torts – Other

Updated: 26 April 2022; Ref: scu.620716

Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007

The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him.
Held: The question amounted to asking whether the coroner’s decision on the resumption should have been affected by any duty of the state to enquire as to the cause of the death. It was not clear that no responsibility could attach to the police. The attack was of the sort which the deceased had feared and for which he had sought help. There were real doubts that even an inquest could provide the sort of enquiry required under human rights law since the jury would be restricted in the verdicts it could return. The coroner’s appeal succeeded. (Lord Mance and Baroness Hale dissenting)
Lord Brown of Eaton-under-Heywood said that the interpretative effect that Community law required was strictly confined to those case where, on their particular facts, the application of the domestic legislation in its ordinary meaning would produce a result incompatible with the relevant European Community legislation: ‘In cases where no European Community rights would be infringed, the domestic legislation is to be construed and applied in the ordinary way.’

Judges:

Lord Bingham of Cornhill, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Mance

Citations:

[2007] UKHL 13, [2007] 2 WLR 726, [2007] 2 All ER 1025, [2007] 2 AC 189

Links:

Bailii

Statutes:

Coroners Act 1988 16(3), Human Rights Act 1998

Jurisdiction:

England and Wales

Citing:

Cited – Regina v North Humberside and Scunthorpe Coroner ex parte Jamieson QBD 12-Jul-1993
A prisoner had hanged himself after being left unsupervised in a single cell. He was a known suicide risk, but the Coroner directed the jury not to return a verdict which included any reference to lack of care.
Held: A coroner was free not to . .
Cited – Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset HL 11-Mar-2004
The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury.
Cited – Empress Car Company (Abertillery) Ltd v National Rivers Authority HL 22-Jan-1998
A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that . .
Cited – In re McKerr CANI 10-Jan-2003
The appellant’s son and two others had been shot dead by police officers. There remained considerable controversy over the circumstances. The matter had been taken to the ECHR which had found the enquiry inadequate. The parties now disputed the . .
Cited – Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased) HL 15-Jul-1999
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was . .
Cited – Regina v South London Coroner ex parte Thompson 8-Jul-1982
The court discussed the function of the coroner and his inquest.
Lord Lane CJ said: ‘The coroner’s task in a case such as this is a formidable one, and no one would dispute that; that is quite apart from the difficulties which inevitably arise . .
Cited – Regina v Southwark Coroner, ex parte Hicks QBD 1987
The verdict of ‘lack of care’ at an inquest is to be used to indicate only the condition of the deceased at the time of death as a cause of death, and is not to be used as a way of attributing fault. The admission of documentary evidence by a . .
Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its . .
Appeal from – Hurst v Coroner Northern District of London Admn 4-Jul-2003
The deceased was killed by Mr Reid, a neighbour, who was convicted of his manslaughter.
Held: The court quashed the coroner’s refusal to accede to the application of the deceased’s father to resume an adjourned inquest into the death, at which . .
Cited – Regina v Inner West London Coroner Ex Parte Dallaglio, and Ex Parte Lockwood Croft CA 16-Jun-1994
A coroner’s comment that the deceased’s relative was ‘unhinged’ displayed a bias which was irreparable. ‘The description ‘apparent bias’ traditionally given to this head of bias is not entirely apt, for if despite the appearance of bias the court is . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Regina v Walthamstow Coroner, Ex parte Rubenstein 19-Feb-1982
The 1988 Act was a consolidating Act. . .
Cited – Regina v Secretary of State for Transport, Ex parte Factortame Ltd HL 18-May-1989
The applicants were companies owned largely by Spanish nationals operating fishing vessels within UK waters. The 1988 Act required them to re-register the vessels as British fishing vessels. The sought suspension of enforcement pending a reference . .
Cited – Marleasing SA v La Comercial Internacional de Alimentacion SA ECJ 13-Nov-1990
Sympathetic construction of national legislation
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . .
Cited – Pearson v HM Coroner for Inner London North Admn 9-Mar-2005
Relatives of the deceased said that the inquest carried out by the coroner was inadequate in Jamieson terms and had not satisfied the human rights issues. Maurice Kay LJ rejected the argument saying: ‘One does not reach the stage of resort to . .
Cited – Ghaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
Cited – Imperial Chemical Industries v Colmer ECJ 16-Jul-1998
A member state was not allowed to impose a tax regime which discriminated against the subsidiaries of a company based in that state where they were based in other member states, but discrimination was allowed where the subsidiaries were based . .
Cited – Imperial Chemical Industries v Colmer ECJ 16-Jul-1998
A member state was not allowed to impose a tax regime which discriminated against the subsidiaries of a company based in that state where they were based in other member states, but discrimination was allowed where the subsidiaries were based . .
Cited – Regina v Lyons, Parnes, Ronson, Saunders HL 15-Nov-2002
The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights.
Cited – Gingi v The Secretary of State for Work and Pensions CA 14-Nov-2001
It is possible that in some circumstances the same enactment may be construed differently according to whether it applies in circumstances covered by a directive. Arden LJ approved the following passage from Bennion: ‘It is legitimate for the . .
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 – Regina v Chief Immigration Officer, Heathrow Airport, Ex parte Salamat Bibi CA 1976
Lord Denning MR said that: ‘Treaties and declarations do not become part of our law until they are made law by Parliament’.
Iin relation to the application of broad Convention principles in the context of immigration powers, he said: ‘I . .
Cited – Fernandes v Secretary of State CA 1981
Article 8 of the Convention was relied upon by the appellant to resists his return.
Held: The Secretary of State in exercising his statutory powers was not obliged to take into account the provisions of the Convention, it not being part of the . .
Cited – CREEDNZ Inc v The Governor General 1981
(New Zealand) The court looked at those considerations which a decision maker can choose for himself whether or not to take them into account. Cooke J said: ‘what has to be emphasised is that it is only when the statute expressly or impliedly . .
Cited – In Re Findlay, in re Hogben HL 1985
A public authority, and the Prison Service in particular, is free, within the limits of rationality, to decide on any policy as to how to exercise its discretions; it is entitled to change its policy from time to time for the future, and a person . .
Cited – Chundawadra v Immigration Appeal Tribunal CA 1988
Ratification of the European Convention on Human Rights did not create a justiciable legitimate expectation that the Convention’s provisions would be complied with. Slade LJ said there was no evidence of ‘any relevant express promise or regular . .
Cited – Regina v Secretary of State for the Environment, Ex parte NALGO CA 1992
Neill LJ explained article 8 of the Convention in the light of Brind: ‘(1) Article 10 is not part of English domestic law. It is therefore not necessary for the Minister when exercising an administrative decision conferred on him by Parliament to . .
Cited – Rantzen v Mirror Group Newspapers (1986) Ltd and Others CA 1-Apr-1993
Four articles in the People all covered the same story about Esther Rantzen’s organisation, Childline, suggesting that the plaintiff had protected a teacher who had revealed to Childline abuses of children occurring at a school where he taught, by . .
Cited – Bolton Metropolitan Borough Council and Others v Secretary of State for Environment and Others CA 4-Aug-1994
A decision maker can take a preliminary view of a matter provided that he continues to keep an open mind. . .
Cited – Bolton Metropolitan District Council and Others v Secretary of State for the Environment and Others HL 25-May-1995
There had been an application in 1986 for planning permission for a shopping centre in Trafford. There were two public enquiries, followed, as public policy changed by further representations. The plaintiff complained that the eventual decision . .
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 – Regina v Kansal (2) HL 29-Nov-2001
The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act.
Held: In doing so the prosecutor was acting to give effect to section 433.
The decision in Lambert to disallow retrospective . .
Cited – Takoushis, Regina (on the Application of) v HM Coroner for Inner North London Admn 16-Dec-2004
A patient suffering schizophrenia had been a voluntary patient. He was allowed to visit another unit within the hospital grounds, but then left altogether and was next found preparing to jump from Tower Bridge. He was taken by ambulance to Hospital . .
Cited – Regina (Smeaton) v Secretary of State for Health and Others Admn 18-Apr-2002
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act.
Held: ‘SPUC’s case is that any . .
Cited – A and Others, Regina (on the Application of) v Lord Saville of Newdigate and others CA 28-Jul-1999
Former soldiers who had been involved in the events in Londonderry in 1972, and were to be called to give evidence before a tribunal of inquiry, still had cause to fear from their names being given, and so were entitled to anonymity when giving such . .

Cited by:

Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Cited – McCaughey and Another, Re Application forJudicial Review SC 18-May-2011
The claimants sought a fuller inquest into deaths at the hands of the British Army in 1990 in Northern Ireland. On opening the inquest, the coroner had declined to undertake to hold a hearing compliant with article 2, and it had not made progress. . .
Cited – Parkwood Leisure Ltd v Alemo-Herron and Others SC 15-Jun-2011
The claimants had been employed by a local authority and then transferred to the respondents. They had had the benefit that their terms of employment were subject to collective agreement. The respondent was not part of the negotiation of later . .
Cited – ANS and Another v ML SC 11-Jul-2012
The mother opposed adoption proceedings, and argued that the provision in the 2007 Act, allowing a court to dispense with her consent, infringed her rights under Article 8 and was therefore made outwith the powers of the Scottish Parliament.
Cited – NHS Manchester v Fecitt and Others CA 25-Oct-2011
The appellant challenged reversal by the EAT of a finding that it had not unlawfully victimised the respondents for the making of a protected disclosure. The claimant had reported a co-worker exaggerating his qualifications. After repeated . .
Lists of cited by and citing cases may be incomplete.

Police, Coroners, Human Rights

Leading Case

Updated: 24 April 2022; Ref: scu.251022

Rabbani v Director of Public Prosecutions: Admn 15 May 2018

Appeal by case stated from a conviction before the Westminster Magistrates’ Court for an offence of wilfully obstructing or seeking to frustrate a search or examination contrary to paragraph 18(1)(c) of Schedule 7 to the 2000 Act. He had refused when asked to provide the pin number and password for his mobile phone.
Held: The appeal failed. The Magistrate had applied the law correctly

Citations:

[2018] EWHC 1156 (Admin)

Links:

Bailii

Statutes:

Terrorism Act 2000

Jurisdiction:

England and Wales

Police

Updated: 23 April 2022; Ref: scu.618118

Virdee and Another, Regina (on The Application of) v The National Crime Agency: Admn 11 May 2018

The claimants claimed that the defendant had relied upon transcripts of intercepted telephone calls in order to obtain production orders against third parties. They said that the transcripts had been selected for use, making the orders unlawful.
Held: The claim failed. A failure to make necessary disclosure would undermine an order or warrant, but not all the information was material. Full transcripts were not necessary in this case.

Judges:

Holroyde LJ, Dingemans J

Citations:

[2018] EWHC 1119 (Admin), [2018] WLR(D) 302

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 9

Jurisdiction:

England and Wales

Police, Criminal Evidence

Updated: 23 April 2022; Ref: scu.618121

Belhaj and Others v Security Service and Others: IPT 18 Nov 2014

Judges:

Burton J P

Citations:

[2014] UKIPTrib 13 – 132-9H – 2

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Cited by:

See Also – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 12 April 2022; Ref: scu.539998

Ludlow and Others v Burgess: 1972

A police officer has no more right to lay hands on someone than any other member of the community. The person so restrained is entitled to use reasonable force to free himself.

Judges:

Parker LCJ

Citations:

(1972) 75 Cr App R 227

Jurisdiction:

England and Wales

Cited by:

Cited – Wood v Director of Public Prosecutions Admn 14-May-2008
The defendant challenged his conviction for obstructing a police officer and threatening behaviour. The officer had taken hold of him to restrain him, not intending to arrest him, but only to establish whether he was a person they were looking for. . .
Lists of cited by and citing cases may be incomplete.

Crime, Police, Torts – Other

Updated: 12 April 2022; Ref: scu.272770

Everett v Ribbands: 1952

The court considered the tort of the malicious obtaining of a search warrant.

Citations:

[1952] 2 QB 198

Jurisdiction:

England and Wales

Cited by:

Cited – Gibbs and others v Rea PC 29-Jan-1998
(Cayman Islands) The respondent worked for a bank. He disclosed a business interest, but that interest grew in importance to the point where he resigned in circumstances amounting to constructive dismissal. His home and business officers were raided . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police

Updated: 12 April 2022; Ref: scu.184701

Regina v Croydon Justices Ex Parte Dean: QBD 9 Mar 1993

The applicant a 17 year old assisted the police in a murder investigation on the understanding, induced by the police, that he would not himself be prosecuted. Some weeks later, at the instance of the CPS, the applicant was charged with a lesser offence of having destroyed evidence connected with the same crime. He submitted that this was an abuse of process.
Held: A prosecution was an abuse of process after an indication had been given that no prosecution was to follow. If there has been a serious abuse of power by the police or others in authority so as to offend the court’s sense of justice and propriety, that can give rise to an abuse of process even if a fair trial is still possible.
Staughton LJ: ‘It is submitted on behalf of the Crown Prosecution Service that they alone are entitled, and bound, to decide who shall be prosecuted, at any rate in this category of case; and that the police had no authority and no right to tell the applicant that he would not be prosecuted for any offence in connection with the murder: see section 3(2) of the Prosecution of Offences Act 1985. I can readily accept that. I also accept that the point is one of constitutional importance. But I cannot accept the submission of [counsel for the prosecution] that, in consequence, no such conduct by the police can ever give rise to an abuse of process. The effect on the applicant or for that matter on his father, of an undertaking or promise or representation by the police was likely to have been the same in this case whether it was or was not authorised by the Crown Prosecution Service. It is true that they might have asked their solicitor whether an undertaking, promise or representation by the police was binding and he might have asked the Crown Prosecution Service whether it was made with their authority. But it seems unreasonable to expect that in this case. If the Crown Prosecution Service find that their powers are being usurped by the police, the remedy must surely be a greater degree of liaison at an early stage . . In my judgment the prosecution of a person who has received a promise, undertaking or representation from the police that he will not be prosecuted is capable of being an abuse of process. Mr Collins was eventually disposed to concede as much, provided (i) that the promisor had power to decide, and (ii) that the case was one of bad faith or something akin to that. I do not accept either of those requirements as essential.’

Judges:

Staughton LJ, Buckley J

Citations:

Independent 09-Mar-1993, [1993] QB 769, (1994) 98 Cr App R 76

Cited by:

Cited – Regina v Manchester Stipendiary City Magistrates ex parte Pal Tagger Admn 29-Nov-1996
The defendant appealed his conviction for illegal entry. He complained that after first being proceeded against for illegal working, it was an abuse now to pursue this prosecution.
Held: No abuse had been established, only delay. . .
Cited – Jones v Whalley Admn 10-May-2005
The defendant had been cautioned by the police for an assault on the claimant. The claimant then began a private prosecution which the magistrates stayed as an abuse of process.
Held: The caution administered was not simply a conviction so as . .
Cited – Department for Work and Pensions v Courts Admn 3-May-2006
The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, . .
Cited – Jones v Whalley HL 26-Jul-2006
The appellant had assaulted the respondent. He had accepted a caution for the offence, but the claimant had then pursued a private prosecution. He now appealed refusal of a stay, saying it was an abuse of process.
Held: The defendant’s appeal . .
Cited – Regina v Belmarsh Magistrates’ Court ex parte Fiona Watts Admn 8-Feb-1999
The defendant sought to have dismissed as an abuse of proces charges against her that as an officer of Customs and Excise prosecuting the now private prosecutor, she had committed various offences.
Held: The magistrate was vested with . .
Cited – Regina v Abu Hamza CACD 28-Nov-2006
The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out . .
Cited – Director of Public Prosecutions v Ara Admn 21-Jun-2001
The Director challenged the decision of the magistrates to stay a prosecution of the defendant as an abuse of process. The defendant had been interviewed without a solicitor. He went away to seek legal advice. The solicitor requested a copy of the . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Police

Updated: 09 April 2022; Ref: scu.86487

Regina v Commissioner of Police of the Metropolis and Another Ex Parte Bennett: QBD 10 Nov 1994

The divisional Court has no power to review the execution of a Scottish warrant by the police in England.

Citations:

Times 10-Nov-1994, Ind Summary 09-Jan-1995

Statutes:

Union with Scotland Act 1706

Judicial Review, Scotland, Criminal Practice, Police

Updated: 09 April 2022; Ref: scu.86414

Regina v Chief Constable of Lancashire Ex Parte Parker and Another: QBD 27 May 1992

Officers conducting a search presented a two paged document headed ‘warrant to enter and search premises’ which set out all the information required by section 15(6)(a). It did not, however, on its face identify the articles or persons to be sought in sub-paragraph (b). That information was contained in a separate schedule.
Held: The court rejected the submission that the former document constituted the warrant and the latter a distinct schedule which was independent of the warrant. The warrant was both documents taken together.
Police officers have no right to retain for evidence material which had been improperly seized.
So long as the schedule identifying the premises is attached to the warrant authorising the search, the warrant satisfies the requirements of section 15.
Nolan LJ said: ‘It will be seen that the two-paged document satisfies the requirements of para (a), and it is common ground that the one-paged document, the schedule, satisfied the requirements of para (b), so that taken together they constitute a warrant which complies with the provisions of sub-s(6). Taken separately, neither of them does so.’ As to the purpose of producing two certified copies, he said: ‘the need for two certified copies of the warrant is explicable in the following way. A copy has to be served on the occupier or left at the premises and the occupier needs a copy whose authenticity does not depend on the word of the police. For their part the police need to be able to retain an authentic copy for record purposes lest any question should arise over the legality of the warrant and its execution. They also should be able to rely on a copy for whose authenticity they are not responsible.’

Judges:

Nolan LJ and Jowitt J

Citations:

Gazette 27-May-1992, [1993] QB 577, [1993] 2 All ER 56, [1993] 2 WLR 428

Statutes:

Police and Criminal Evidence Act 1984 15 22(2)(a)

Cited by:

Cited – Global Cash and Carry Ltd, Regina (on The Application of) v Birmingham Magistrates’ Court and Others Admn 19-Feb-2013
The claimant sought an order quashing a search warrant, and for damages. The officer had said that he had evidence that the claimants were storing an distributing from the premises large quantities of counterfeit goods and drugs.
Held: The . .
Cited – Mills and Another, Regina (on The Application of) v Sussex Police and Another Admn 25-Jul-2014
The claimants faced criminal charges involving allegations of fraud and corruption. They now challenged by judicial review a search and seizure warrant saying that it was unlawful. A restraint order had been made against them and they had complied . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 09 April 2022; Ref: scu.86353

Regina v South Yorkshire Police Authority Ex Parte Booth: QBD 10 Oct 2000

There is no power in law for a police authority to fund payment of legal expenses incurred by an officer of the rank of Superintendent or below when defending disciplinary proceedings. The statutory code was not displaced by the Duckinfield case. The Regulations and Act were clear in restricting such assistance to appeals against disciplinary findings, and to proceedings against senior officers.

Citations:

Times 10-Oct-2000

Statutes:

Police Act 1996, Police (Conduct) Senior Officer Regulations 1999 (1999 No 731)

Police, Employment, Costs

Updated: 09 April 2022; Ref: scu.85565

Regina v Chesterfield Justices and Others, Ex Parte Bramley: QBD 10 Nov 1999

When police officers executed a search warrant, it was not proper to remove articles at large, in order later to sift through them, and then to return material not covered by the warrant. There is no absolute prohibition against removing articles for which legal professional privilege was claimed, provided the officer had reasonable grounds for believing that the material was not so protected. Material removed, but then found not to have been covered by the warrant, must be returned immediately. The court disagreed that, before seizing the document, the officer had to be satisfied that it did not consist of or include items subject to legal privilege. ‘The officers are not, for example, required to be satisfied that there are reasonable grounds for believing that the material sought does not consist of or include items subject to legal professional privilege’.
Kennedy LJ said: ‘I accept, of course, that any failure to comply with the requirements of either section 15 or section 16 renders the whole process of entry and search unlawful . .’

Judges:

Kennedy LJ

Citations:

Gazette 25-Nov-1999, Times 10-Nov-1999, [2000] QB 576, [2001] All ER 411, [2000] 2 WLR 409

Statutes:

Police and Criminal Evidence Act 1984 8(1)

Cited by:

Cited – H, Regina (on the Application of) v Commissioners of Inland Revenue Admn 23-Oct-2002
The appellant sought judicial review of the seizure by the respondents of computers found on its premises in the course of executing warrants under the Act, even though the computers might contain other matters not relevant to any investigation.
Cited – Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another Admn 17-Dec-2003
The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation.
Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning . .
Cited – Bell v The Chief Constable of Greater Manchester Police CA 19-Jul-2005
The claimant had sued over the way he was treated by the respondent in a fraud investigation. The court had dismissed his claims for wrongful arrest and false imprisonment. A prosecution had been commenced but dropped. The judge had held the arrest . .
Cited – Faisaltex Ltd and Others v Lancashire Constabulary and Another QBD 24-Jul-2009
The claimants wished to claim damages saying that in executing a search warrant, the defendant had made excessive seizures of material. The claimants sought inspection by independent counsel of the materials seized to establish this in a manner . .
Cited – Bhatti and Others v Croydon Magistrates’ Court and Others Admn 3-Feb-2010
The claimant challenged the valiity of search warrants used at his home. He said they were deficient in not including the information as required by the Act. The police said that they were in accordance with the Home Office guidance.
Held: . .
Cited – Fitzpatrick and Others v The Commissioner of Police of The Metropolis QBD 11-Jan-2012
The claimants, two solicitors and their employer firm sought damages alleging trespass and malicious procurement by police officers in obtaining and executing search warrants against the firm in 2007 when they were investigating suspected offences . .
Cited – Poonam v Secretary of State for The Home Department QBD 18-Jul-2013
The claimant sought damages, alleging: ‘oppressive questioning, unlawful arrest, unlawful detention, unlawful search of her home, theft and / or failure to secure her home premises, and the wrongful declaration by the UKBA that she was an illegal . .
Cited – Pearce and Another, Regina (on The Application of) v Commissioner of Police of The Metropolis and Another CA 18-Jul-2013
The appellants challenged rejection of their complaints that actions of police officers searching their ‘squats’ when executing search warrants, were unlawful in that they had been intended not as descrbed for the search for stolen goods, but rather . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Police

Updated: 09 April 2022; Ref: scu.85178

Regina v Chief Constable of Merseyside, Ex Parte Bennion: QBD 18 Jul 2000

A senior officer had begun a claim against the police officer alleging sex discrimination. She complained that when disciplinary proceedings were commenced against her, the person making the decision would be the Chief Constable, and that his decision there would affect the other proceedings. Even though the Chief Constable had come into post after the events giving rise to the claim, he was being sued in a sufficiently personal capacity to make it a breach of natural justice to hear the disciplinary proceedings.

Citations:

Times 18-Jul-2000, Gazette 27-Jul-2000

Cited by:

Appeal from – Regina v Chief Constable of Merseyside Police, ex parte Carol Ann Bennion CA 4-May-2001
The claimant sought a judicial review against a Chief Constable against whose force she had made complaints of sex discrimination and victimisation, not to remit disciplinary proceedings against her under regulation 14 of the 1985 Regulations to . .
Cited – Heath v Commissioner of Police for the Metropolis CA 20-Jul-2004
The female civilian officer alleged sex discrimination against her by a police officer. Her complaint was heard at an internal disciplinary. She alleged sexual harrassment, and was further humiliated by the all male board’s treatment of her . .
Lists of cited by and citing cases may be incomplete.

Natural Justice, Employment, Police

Updated: 09 April 2022; Ref: scu.85181

Regina v Chief Constables of C and D, Ex Parte A: QBD 7 Nov 2000

The passing of sensitive personal information between one police force and another was not a decision subject to obligations which made it subject to judicial review. Information falling short of convictions could properly be passed, and information passed between police forces rather than between police forces and other authorities was subject to lesser controls. There was no breach of the Data Protection Acts. With regard to the earlier Act the data was processed manually, and for both, the information passed was for the purposes of prevention and detection of crime. Disclosures outside the police force were required to pass the test of being to satisfy a pressing need.

Citations:

Times 07-Nov-2000

Statutes:

Data Protection Act 1984, Data Protection Act 1998

Police, Judicial Review, Information

Updated: 09 April 2022; Ref: scu.85184

Percy and Another v Hall and Others: QBD 31 May 1996

There was no wrongful arrest where the bylaw under which it was made was invalid. The question is the belief of the arresting officers. The effect of retrospective legislation is not always fully worked through. English law provides no cause of action for invalid administrative acts as such. A ‘second actor’ may be blameless if he detains a person in reliance on what appears to be a lawful authority, whether issued by a ‘first actor’ or otherwise.
Simon Brown LJ said of a byelaw under consideration: ‘Better . . to treat the instrument as valid unless so uncertain in its language as to have no ascertainable meaning, or so unclear in its effect as to be incapable of certain application in any case.’

Judges:

Simon Brown LJ, Schliemann LJ

Citations:

Times 31-May-1996, [1997] QB 924

Cited by:

Cited – Inter Lotto (Uk) Ltd v Camelot Group Plc CA 30-Jul-2003
The claimant and defendant had each operated using a the name ‘HotSpot’ for a name for its lottery. The respondent had registered the name as a trade mark. The claimant began to use the name first and claimed in passing off, and the respondent . .
Cited – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Cited – ID and others v The Home Office (BAIL for Immigration Detainees intervening) CA 27-Jan-2005
The claimants sought damages and other reliefs after being wrongfully detained by immigration officers for several days, during which they had been detained at a detention centre and left locked up when it burned down, being released only by other . .
Cited – Tabernacle v Secretary of State for Defence Admn 6-Mar-2008
The court considered the validity of bye-laws used to exclude protesters from land near a military base at Aldermarston.
Held: The byelaw which banned an ‘camp’ was sufficiently certain, but not that part which sought to ban any person who . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police, Administrative

Updated: 09 April 2022; Ref: scu.84667

In Re Lawrence: QBD 13 Jul 1999

The right of a complainant in police disciplinary proceedings to have with them at any hearing a friend did not prevent a friend attending even though he was a solicitor engaged in a related case provided only that he could properly be described as a family friend within the regulation.

Citations:

Times 13-Jul-1999

Statutes:

Police (Discipline) Regulations 1985 (1985 No 518) 18.2

Police

Updated: 08 April 2022; Ref: scu.81999

Hellewell v Chief Constable of Derbyshire: QBD 13 Jan 1995

The police were asked by shopkeepers concerned about shoplifting, for photographs of thieves so that the staff would recognise them. The police provided photographs including one of the claimant taken in custody. The traders were told only to show them to staff.
Held: A duty of confidence could arise when the police photographed a suspect without his consent, but the photograph could be published if reasonably required for the prevention and detection of crime, the investigation of alleged offences, or the apprehension of suspects unlawfully at large. The police could rely on the public interest defence to any action for breach of confidence. The police in disclosing the photograph acted entirely in good faith for the prevention or detection of crime and had distributed it only to persons who had reasonable need to make use of it. However ‘the term ‘reasonable’ is fluid in its application and it is as impossible as it is undesirable to lay down anything like a lexicon of the circumstances that will amount to reasonable use.’ (Obiter:) ‘If someone with a telephoto lens were to take from a distance and with no authority a picture of another engaged in some private act, his subsequent disclosure of the photograph would, in my judgment, as surely amount to a breach of confidence as if he had found or stolen a letter or diary in which the act was recounted and proceeded to publish it. In such a case, the law would protect what might reasonably be called a right of privacy, although the name accorded to the cause of action would be breach of confidence. It is, of course, elementary that, in all such cases, a defence based on the public interest would be available.’

Judges:

Laws J

Citations:

Gazette 15-Feb-1995, Times 13-Jan-1995, [1995] 1WLR 804, [1995] 4 All ER 473

Citing:

Cited – Marcel v Commissioner of Police of the Metropolis CA 1992
A writ of subpoena ad duces tecum had been issued requiring the production by the police for use in civil proceedings of documents seized during a criminal fraud investigation. The victim of the fraud needed them to pursue his own civil case.
Cited – Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’) HL 13-Oct-1988
Loss of Confidentiality Protection – public domain
A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations . .

Cited by:

Cited – Regina (on the Application of Ellis) v The Chief Constable of Essex Police Admn 12-Jun-2003
An officer proposed to print the face of a convicted burglar on posters to be displayed in the town. The court considered the proposal. The probation service objected that the result would be to make it more difficult for him to avoid criminality on . .
Cited – Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB CA 18-Mar-1998
Public Identification of Pedophiles by Police
AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought . .
Cited – Campbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
Cited – Douglas and others v Hello! Ltd and others (No 3) CA 18-May-2005
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint . .
Cited – Callaghan v Independent News and Media Ltd QBNI 7-Jan-2009
callaghan_inmQBNI2009
The claimant was convicted in 1987 of a callous sexual murder. He sought an order preventing the defendant newspaper publishing anything to allow his or his family’s identification and delay his release. The defendant acknowledged the need to avoid . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Police, Media, Human Rights

Updated: 08 April 2022; Ref: scu.81310

Gibson v Chief Constable of Strathclyde Police: OHCS 11 May 1999

The police once having taken control of a dangerous traffic situation retained responsibility for it. Having failed to erect warnings or traffic cones after an accident at a collapsed bridge, and leaving the site unattended, the police were responsible,

Citations:

Times 11-May-1999

Police, Negligence

Updated: 08 April 2022; Ref: scu.80813

Daly, Regina (on The Application of) v The Commissioner of Police of The Metropolis and Another: Admn 7 Mar 2018

Challenge to grant of search warrant against the applicant’s premises. A boiler had been left on full in order to dry the house out after works of renovation. Heat seeking imagery had led to a suspicion that the property was being used for the growth of cannabis by hydroponics.
Held: The claim failed: ‘ while material mistake of fact leading to unfairness can be available as a ground of judicial review in some circumstances, whether it is in fact available will depend upon the nature of the case before the court.’ In the circumstances, the case had been based upon misconceptions as to the plice actions, and no malice could be shown.

Judges:

Sir Brian Leveson P QBD, Males J

Citations:

[2018] EWHC 438 (Admin), [2018] WLR(D) 146

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Police, Magistrates

Updated: 05 April 2022; Ref: scu.605884