A complaint was to be investigated by the Merseyside Police. They obtained permission from the Police Complaints Authority to dispense with the investigation when the complainant had gone missing and therefore the complaint could not be investigated. The complainant turned up shortly after and his solicitors asked the PCA to re-open the investigation. The PCA agreed to the matter coming before the Administrative Court and agreed an order quashing the decision to dispense with the complaint. The police argued that the PCA could not agree to its order being quashed. Held; Gage J disagreed. He said: ‘It seems to me on general principles, that if the first defendant has made a dispensation under the appropriate regulations . . there must be power in it to review that dispensation and, having reviewed it, to revoke it.’ Gage J then quashed the dispensation.
Citations:
[2004] EWHC 678 (Admin)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Dennis, Regina (on the Application of) v Independent Police Complaints Commission Admn 6-May-2008
The claimant was stood at her door when she was taken by police officers, an armed gun pointed at her, laid on the ground and her hands bound. She was held for fifteen minutes. She was entirely innocent, but the officers were looking for armed . .
Lists of cited by and citing cases may be incomplete.
Police
Updated: 19 October 2022; Ref: scu.195564