Police use of firearms statistics

Written by: James Berry
Published: 5 September 2017

Each year, the Home Office published police use of firearms statistics for England and Wales. This year’s publication on 27 July 2017, relates to the period from 1 April 2016 to 31 March 2017.

The headline figures show that, in the year to March 2017:

there were 15,705 police firearms operations;

84% of those operations involved Armed Response Vehicles (ARVs);

there were 10 incidents in which police discharged firearms;

London accounted for the largest proportion (27%) of all police firearms operations; the North East accounted for the smallest proportion (3%);

there were 6,278 Authorised Firearms Officer (AFOs), representing 5% of the total number of 125,851 police officers – the highest proportion in last 9 years.

Parks police dismissal does not engage article 8

Written by: Jonathan Davies
Published: 15 August 2017

The recent case of Vining & Ors v London Borough of Wandsworth [2017] EWCA Civ 1092 represents an attempt to circumvent restrictions on certain types of officers from enjoying employment law rights – in a claim of unfair dismissal and for a protective award in respect of an alleged failure in collective consultation relating to their redundancies.

Wandsworth reorganised their parks police force and dismissed Mr Vining (V) and Mr Francis (F) from that force on the ground of redundancy. As a result, V and F brought proceedings for unfair dismissal for W’s failure to consult them during the redundancy process.

Lawfulness of search warrant and detention irrelevant to forfeiture of cash

Written by: Elliot Gold, Liam Duffy
Published: 10 August 2017

In Campbell v Bromley Magistrates’ Court [2017] EWCA Civ 1161, the Court of Appeal has confirmed that that there are no “fruits of the forbidden tree” consequences when it comes to the forfeiture of cash seized in accordance with Chapter 3 of the Proceeds of Crime Act 2002 (“POCA”).

A search warrant executed at the Appellant’s home had resulted in the seizure of a quantity of cash and the Appellant’s arrest on suspicion of money laundering. The cash was detained and subsequently forfeited under section 298 POCA on application by the police. The Appellant sought to challenge the decision of the Magistrates Court to proceed to a forfeiture hearing without its first determining, at a preliminary hearing, the lawfulness of the search and the subsequent detention of the seized cash.

The cost of resisting disclosure of sensitive police material in family proceedings

Written by: James Berry
Published: 30 July 2017

Who pays the costs of Special Advocates where closed material procedures are required to consider sensitive police documents in family proceedings? The police, according to Cobb J in Re R (Closed Material Procedure: Special Advocates: Funding)[2017] EWHC 1793 (Fam).

In family proceedings where the police are ordered to disclose relevant documents, occasionally the police object to disclosure or inspection of particularly sensitive documents. Where the court deems it necessary, it can invite the Attorney General to appoint Special Advocates to represent the interests of the parties in closed material procedures to consider that sensitive evidence. Special Advocates are appointed by through the Special Advocates’ Support Office (“SASO”), which is part of the Government Legal Department.

Abuse of process – boiling down to a fair trial

Written by: Elliot Gold
Published: 22 July 2017

A very long judgment in Marsh v MoJ [2017] EWHC 1040 (QB) deals with a employee’s personal injury claim arising from his employer’s misconduct investigation into him. The final part, however, addressed (very briefly) an abuse of process application, where it was contended that the Defendant’s solicitor acted with an excess of zeal when dealing with witnesses and/or that she was too close to the case.