47 results
4 Jul 2019 10:56
Gross misconduct proceedings against police driver suspended following submissions by Mark AldredIn 2017 Police driver PC Russell Kyle was involved in a collision with a pedestrian while responding to reports of a group of marauding males armed with an axe and a hammer. Mark Aldred defended PC Kyle at Lewes Crown Court against criminal charges relating to the collision, where PC Kyle was handed more...
3 Jul 2019 08:59
Re-opening final decisions of police injury benefit determinationsIn R (Boskovic) v Chief Constable of Staffordshire [2019] EWCA Civ 676, the Court of Appeal had to resolve apparently conflicting High Court decisions on two separate questions arising from the application of the Police (Injury Benefit) Regulations 2006. This blog post considers the implications for more...
18 Jun 2019 15:40
Nicholas Walker secures acquittal for Police Constable accused of using dog as a weaponA policeman from Greater Manchester who was alleged to have used his police dog as a weapon to cause serious injuries to 5 suspects he detained on duty has been unanimously acquitted after a 6 week trial at Preston Crown Court. Nicholas Walker, led by Paul Greaney QC, argued that PC Jackson had more...
Vulnerable to suggestion -why we need more AAs & lawyers in police interviews
“And my last post tonight about police station advice – I have no example in 25 years of where an appropriate adult added anything to the process. They are more often than not actually inappropriate. Ditch them and provide a solicitor instead”. Andrew Keogh @crimelinelaw tweeted this criticism of more...
4 Jun 2019 09:39
Continued use of Taser on autistic male was disproportionateIn Gilchrist v Chief Constable of Greater Manchester Police [2019] EWHC 1233, the High Court considered officers’ use of force in the context of use of CS gas and a taser repeatedly upon a man who was autistic and mentally distressed and found that its continued use became unlawful. Whereas the more...
30 May 2019 10:00
NPCC Operational Guidance for pre-charge bailThe National Police Chiefs Counsel has released updated operational guidance reinforcing pre-charge bail as a legitimate tool in investigating crime and protecting the public following a decrease its use since 2017. The NPCC states the following: Legislative changes to pre-charge bail through the more...
13 May 2019 12:01
Colin Banham successfully argues for Police Officer’s reinstatementCounsel at No5 Barristers’ Chambers has successfully appealed against the dismissal of a Custody Sergeant. The officer was formally reinstated after a hearing before the Police Appeals’ Tribunal. Colin Banham represented Sgt Colin Travi at the Police Appeals’ Tribunal. The long-serving officer had more...
1 May 2019 09:08
No necessity to arrest where person voluntarily attended police stationEvery police officer knows they must have a reasonable suspicion that a person has committed an offence in order to arrest them. But that is only half of what is required. The second element is that they must have a reasonable belief in the necessity for the person’s arrest. The recent decision of more...
15 Apr 2019 11:22
The Catt that got the cream - retention of data concerning peaceful protestor was an unlawful interference with article 8In Catt v United Kingdom [2019] ECHR 76, the European Court departed from and disagreed with the Supreme Court, holding that the police's collection and retention of data of a peaceful protestor was an unlawful interference with article 8 of the Convention. Mr Catt was a 94-year-old man from more...
10 Apr 2019 10:16
UK Law Police Blog: Retention of crime reports about alleged teenage ‘sexting’ did not breach Article 8In R (CL) v Chief Constable of Greater Manchester & Secretary of State for the Home Department [2018] EWHC 3333 (Admin), the Divisional Court held that the retention by the police of crime reports which related to sexting incidents in which a schoolboy had allegedly been involved did not breach more...
3 Apr 2019 10:07
Susannah Stevens appears on behalf of Police Sergeant at the inquest into the death of Duncan TomlinDuncan Tomlin died in July 2014 after being arrested in Haywards Heath, West Sussex. Susannah Stevens is representing PS Christopher Glasspool in the inquest at West Sussex Coroner's Court. Susannah is instructed by Scott Ingram of Slater + Gordon. She previously represented PS Glasspool in the more...
20 Mar 2019 11:11
Victoria Von Wachter represents West Midlands Police in disciplinary hearing.Victoria Von Wachter represents West Midlands Police in disciplinary hearing regarding Police Officers sharing extreme porn and race hate videos on Whatsapp. Ms Von Wachter said “The videos sent were of an extreme and violent pornographic nature. There were a large number of videos and images more...
13 Mar 2019 10:17
Colin Banham successfully appeals dismissal of a Police Constable following drink-driving convictionCounsel at No5 Barristers’ Chambers has successfully argued for a former police officer to be reinstated on an appeal against her dismissal at a Fast Track (Special Case) Hearing, following her conviction for driving with excess alcohol. Colin Banham successfully represented the officer at the more...
12 Mar 2019 16:56
Transforming Rehabilitation: MA Statement on the National Audit Office's reportWe are deeply concerned by the National Audit Office's recent report on the widespread failures of the Transforming Rehabilitation reforms to probation services, which have not met the Ministry of Justice's targets to reduce reoffending. As the report shows, offences committed by previous offenders more...
28 Jan 2019 09:29
No order for costs following withdrawn forfeiture applicationIn Bennett v Chief Constable of Merseyside [2018] EWHC 3591 (Admin), the High Court confirmed that a district judge was correct to make no order for costs against the police after it withdrew its Proceeds of Crime Act 2002 (‘POCA’) s.298 application for cash forfeiture. In considering the decision more...
24 Jan 2019 10:24
Undercover Policing Inquiry - Judicial ReviewOn 22 January 2019, Supperstone J heard the Claimants’ application for permission to judicially review the decision of Inquiry Chairman, Sir John Mitting, to restrict the cover names of former undercover officers in the Special Demonstration Squad and National Public Order Intelligence Unit. The more...
21 Jan 2019 14:27
R v L (2019)Sentence for two counts of misconduct in a public office more than halved by the Court of Appeal. Nadesh Karu, having not been instructed at the original sentencing hearing, successfully appealed to the Court of Appeal against the sentence imposed in relation to two counts of misconduct in a public more...
14 Jan 2019 14:25
Investigatory Powers Tribunal Rules 2018The new Investigatory Powers Tribunal Rules 2018 came into force on 31 December 2018, revoking the 2000 rules: See here. The 2018 rules apply to all section 7 Human Rights Act 1998 proceedings before the Tribunal and all covert investigatory powers complaints under section 65 of the Regulation of more...
11 Jan 2019 10:19
Susannah Stevens represents firearms officers at the inquest into the death of Josh PittSusannah Stevens is representing PC Stuart Thompson and PC Matt Edwards at the inquest into the death of Josh Pitt. Mr Pitt was fatally shot by PC Matt Edwards after he had taken his fiancée, Katherine Moore, hostage. The inquest is currently ongoing at Bedfordshire and Luton Coroner’s Court. more...
4 Jan 2019 08:44
Police officers can do anything that a citizen canThe case of R (Application of the Centre for Advice on Individual Rights in Europe) and (1) Sec State Home Dept (2) Commissioner of Police of the Metropolis [2018] EWCA 2837 (Civ) holds that police officers have the power to do anything that an ordinary citizen can do. The Claimant contended that more...
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