47 results
13 Jul 2021 11:28
Nicholas Walker successfully defends Custody Sergeant after North Wales Police’s longest ever misconduct hearingNicholas Walker from Exchange Chambers has successfully defended a Custody Sergeant after North Wales Police’s longest ever misconduct hearing which followed a lengthy and complex IOPC investigation. Sgt Dawson was alleged to have used his Captor Spray unlawfully on 14 detainees over many months more...
23 Feb 2021 15:59
No interest on general damages in police actionsThe Court of Appeal has reiterated, in Rees v Commissioner of Police of the Metropolis [2021] EWCA Civ 49, that since non-pecuniary damages in civil claims against the police. e.g. for loss of liberty, or distress and inconvenience, are generally assessed by reference to all matters leading up to more...
28 Jan 2021 14:37
Radicalisation and retention: how long can the police hold data about a person allegedly vulnerable to radicalisation?If concerns are raised that a person might be vulnerable to radicalisation, how long can a police force hold data about that person? This was the question facing the High Court in the case of R (II) v Commissioner of Police for the Metropolis [2020] EWHC 2528 (Admin), which held that the police's more...
2 Dec 2020 08:57
Is less more or the same?It is tempting to think that the only way to stop individuals committing crime is to get those who commit it to serve a sentence and/or make amends to the victim and/or undertake a rehabilitative programme. But that’s not what the evidence says. In many cases of low level or first time crime, being more...
28 Oct 2020 13:09
A higher test of necessity for arrest?In Rashid v Chief Constable of West Yorkshire [2020] EWHC 2522 (QB) the High Court (Lavender J) has allowed an appeal against a Recorder’s decision to dismiss a general practitioner's claim for wrongful arrest, on the basis that the officers involved lacked reasonable grounds for believing the more...
12 Aug 2020 08:11
Let’s face it: use of automated facial recognition technology by the policeThe case of R (Bridges) v Chief Constable of South Wales Police & Information Commissioner [2020] EWCA Civ 1058 (handed down on 11 August 2020) was an appeal from what is said to have been the first claim brought before a court anywhere on planet earth concerning the use by police of automated more...
10 Aug 2020 15:38
Police detention. Time for a rethink?This is a guest blog from Derek Flint, retired police officer and former police custody lead for the Isle of Man. Police custody suites are a regular haunt as a police officer, whatever rank you hold. As a PC, you will be in and out with detainees. Sergeants are more likely to be posted there in one more...
27 Jul 2020 09:10
Is remote justice slowing the system down?Recently Boris Johnson described zoom calls as a miracle, but that sometimes there is “no substitute for face to face meeting and interaction”. Many who work in the courts would agree…particularly defendants who are being forced to appear from police custody suites by video. It’s a technological more...
20 Jul 2020 13:49
Unnecessary arrest and detention?A lot of policy and guidance is never followed, nor its ignoring challenged. During the pandemic, police chiefs asked forces to use police custody only as a last resort. But I’m not convinced police behaviour changed that much. I observed magistrates’ courts in London in April and May and saw many more...
Defund police custody?
Should we defund the police? The idea took one great leap into the US political mainstream last month following George Floyd’s death at the hands of the police. This radical idea makes the key ask of our new report – that police in England and Wales should detain fewer people and for less time – more...
The use of police powers to disperse protests and the fine line between legitimate protesting and anti-social behaviour
A number of protests were held across the country and the world in response to the brutal killing of George Floyd in the United States. Although the protests were largely peaceful, there was some tension between the police and protesters over the weekend. This unfortunately resulted in some more...
2 Jun 2020 13:20
One Kingdom but four nations emerging from lockdown at four different rates under four different lawsLaws which criminalise what would otherwise be normal daily life and which the police must enforce must be clear, unambiguous, fair and fairly applied, logical and proportionate to the public health imperative. The purpose of this blog post is to illustrate the difficulties with the amended more...
15 May 2020 15:52
Reducing restrictions, increasing inconsistency? Impact of the Lockdown Amendment Regulations on the Police’s Enforcement AbilityThe ‘lockdown’ has been slightly relaxed in England but much less so in the other three nations. In England, this relaxation was announced by the Prime Minister in a nationally televised address at 7pm on a Sunday. By 7am the next day, there was considerable uncertainty as to what he meant and from more...
Coronavirus Act 2020 and the powers of the government to manage individuals infected with Covid-19: How will it affect those who fall ill?
The Coronavirus Act 2020 (“the Act”) came into force on 25th March 2020. Among other things, the Act confers powers on public health officers, constables, and immigration officers to enable them to manage potentially infectious persons during the Covid-19 crisis. Schedule 21 of the Act contains more...
13 May 2020 08:39
Avoid frame-by-frame analysis of fast moving events and discussion of evidence in front of officersIn Goodenough v Chief Constable of Thames Valley Police [2020] EWHC 695 (QB), the High Court, Turner J, considered a claim for damages brought by Robin Goodenough’s mother and sister. The claims arose out of Mr Goodenough’s death on 27 September 2003 following a short car chase and traffic stop. The more...
26 Mar 2020 16:14
What powers does "take such action as is necessary to enforce" give to police officers?The powers in the Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 allow a constable to “take such action as is necessary to enforce a premises closure or restriction”. The powers in the Coronavirus Act 2020, schedule 22 (formerly schedule 21 in the Bill) are to enforce a more...
13 Dec 2019 13:54
No5 barrister prosecutes as lorry driver found guilty of death by careless drivingCounsel at No5 Barristers’ Chambers prosecuted in a trial which saw a lorry driver found guilty of careless driving following the death of a cyclist. John O’Higgins led the prosecution in the trial of Joseph Large, 30, of Mount Road, Wolverhampton, at Stafford Crown Court. Large was found guilty of more...
29 Jul 2019 11:24
Police risk assessments, actions and threats to killIn LXD and ors v Chief Constable of Merseyside Police [2019] EWHC 1685 (Admin), the Administrative Court found that the police had not breached its obligations under Articles 2, 3 and 8 of the Human Rights Act 1998 in its response to a threat to kill LXD and her children. Dingemans J, as he then was more...
11 Jul 2019 09:09
Julian King successfully represents police officer at misconduct hearingA police officer represented by Julian King from Exchange Chambers faced a 2 day misconduct hearing at Avon and Somerset Police Headquarters, at Valley Road, Portishead. PC L faced allegations of breaches of the standards of professional behaviour under honesty and integrity and duties and more...
24 hours in police custody – at what cost?
Only two in five of those who are remanded (detained post charge) by police go on to be remanded by the court. And too many are remanded by courts. So are too many detained by the police? It’s easy to think a few hours in police custody is not a big deal. But for anyone vulnerable or who has never more...
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