Simon Brown LJ said: ‘Given the PCA’s right under section 76(7)(b) to such other information as they need for the purpose of reaching their section 76 decision, I am inclined to think that, if, after obtaining the complainant’s comments upon any other witnesses’ statements disclosed to him, they thought it necessary, they could require the investigation to be re-opened.’
Judges:
Lord Justice Simon Brown
Citations:
[2002] EWCA Civ 389, [2002] UKHRR 985
Links:
Statutes:
Police Act 1996 76(7)(b) 80(1)(a)
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina (Green) v Police Complaints Authority and Others QBD 21-Dec-2001
The applicant complained about a breach of his human rights by police behaviour and sought to inspect statements made by eye witnesses to the incidents complained of. The Police Complaints Authority replied that it was necessary for their function . .
Cited by:
Appeal From – 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 – The Independent Police Complaints Commission, Regina (On the Application of) v Commissioner Of Police Of the Metropolis Admn 3-Jul-2009
Delay defeated Request for review
A police dog had bitten a child on his arrest. His mother complained and again at the handling of her complaint by the IPCC. The MPS had disciplined in accordance with a letter from the IPCC, and having acted refused to re-open the complaint.
Lists of cited by and citing cases may be incomplete.
Police, Human Rights, Litigation Practice
Updated: 02 September 2022; Ref: scu.170158
