In R (on the application of A) v Chief Constable of Kent [2013] EWHC 424 (Admin) the Court decided that the Defendant’s disclosure, in an enhanced criminal records check [“ECRC”], of allegations of neglect and ill-treatment made against a nurse, was unlawful and amounted to a breach of Article 8 ECHR. The wrong legal test […]
In Mengesha v Commissioner of Police of the Metropolis [2013] EWHC 1695 (Admin) the High Court made explicit some of the limitations on how people who have been lawfully contained may be treated, in particular the imposition of conditions for their release. […]
In R (Cousins-Chang) v (1) Secretary of State for the Home Department and (2) The Commissioner of Police of the Metropolis [2013] EWHC 982 (Admin) the Court ruled Code C of PACE to be unlawful insofar as it allows 17 year-olds in police detention to be treated as adults. […]
This post, which originally appeared as an article in Police Professional examines the implications for police forces of the Police (Property) Act 1897, civil claims for damages, potential pitfalls and practical steps that can be taken to reduce the risk of claims. Police forces seize and retain huge quantities of property each year. Real problems can […]
As the civil courts are being exhorted to take an ever more stringent stance on proportionality, the recent Court of Appeal decision in Lorenzo v The Chief Constable of the West Midlands [2012] EWCA Civ 1863 is a timely reminder of the importance of providing a cautious, realistic time estimate for civil jury trials. It […]