In Tindall v Chief Constable of Thames Valley Police [2020] EWHC 837 (QB) — available on Westlaw but not yet Bailii or the ICLR, the courts have again demonstrated a reluctance to strike-out a police negligence claim. This shows the difficulty of trying to show whether the police have positively created a danger/made it worse or merely refrained from protecting someone. A claim against the police for negligence will usually arise in the first instance but not, subject to exceptions, the second.
Circular 005/2012: amendments to determinations under the Police Regulations 2003
This circular publicises amendments to the Secretary of State’s determinations under the Police Regulations 2003. The amendments have been made to annexes C, F, I, J, L, R, S and UU of those determinations.
The effective dates are set out below.
Annex C
Reckoning service during maternity leave: this substitution shall have effect from 5 October 2008.
Annex F
Pay on promotion: this substitution shall have effect from 1 February 2012.
Annex I
Temporary salary: this substitution shall have effect from 1 February 2012.
Annex J
Temporary promotion: this substitution shall have effect from 1 February 2012.
Annex L
Maternity pay: this substitution shall have effect from 1 February 2012.
Annex R
Maternity leave and adoption leave: part 1 of the new annex R shall have effect from 5 October 2008, part 2 of the new annex R shall have effect from 1 September 2006 and part 3 of the new annex R shall have effect from 1 January 2011.
Annex S
Maternity support leave, adoption support leave and parental leave: this substitution shall have effect from 1 September 2006.
Annex UU
Acting up allowance: this substitution shall have effect from 1 February 2012.
The Chief Constable of West Midlands Police has successfully challenged a misconduct hearing panel’s decision to impose a Final Written Warning (FWW), after an officer made racist remarks about a fellow officer: R (Chief Constable of West Midlands Police) v Panel Chair, Police Misconduct Panel [2020] EWHC 1400 (Admin). The decision confirms that the High Court will be prepared to intervene where panels fail to follow the College of Policing’s Guidance on Outcomes, and that misconduct involving discrimination will be treated especially seriously.
New blog posts appear below this one – this remains at the top of the page, before more newly published posts.
Legislation
The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020
The Health Protection (Coronavirus, International Travel) (England) Regulations 2020
The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 4) Regulations 2020
Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020
The Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020
The Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020
Guidance
Guidance on taking all reasonable measures to maintain physical distancing in the workplace (Wales)
Laws 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 legislation, the inconsistencies between the laws of the four nations of the UK, as well as the problems of enforcement by the police. Whatever the problems with the legislation, whatever the high profile breaches, people must socially distance and must wear masks when unable to do so. The coronavirus is not going away soon, or perhaps ever. It may be joined by other novel viruses and human life may have to change.
With greatly improving weather, and recent news of high profile breaches of the rules, the British public have decided for themselves to begin to emerge from lockdown and to start enjoy the weather. The four nations of the UK have responded to this by relaxing the lockdown regulations applicable to each of them, albeit in distinct ways, to different extents and at slightly different points in time. Click here to continue.