Discriminatory behaviour, misconduct charges and police misconduct hearings

Written by: Elliot Gold
Published: 1 June 2021

The question of how misconduct proceedings should address allegations of discrimination or harassment has now been the subject of a handful of High Court decisions. What falls from them is the importance of the misconduct allegations setting out the specific heads of discriminatory behaviour said to have been committed, whether such conduct is deliberate or accidental, and the effect of such behaviour. This blog post reviews those cases and their relevance to how future misconduct proceedings are presented, defended and determined.

Article 2 inquest not required where police failures had already been fully investigated

Written by: Bridget Dolan KC
Published: 24 May 2021

In R (Grice) v HM Senior Coroner of Brighton and Hove [2020] EWHC 3581, the High Court has summarised the scope of the requirements under Article 2 of the European Convention of Human Rights (ECHR) for an effective investigation into alleged failures of the police to protect life. The question arose where a coroner had refused to re-open the inquest into the murder of a woman by her former partner after the police had mishandled her complaints of stalking. While the criminal trial by itself had not satisfied the Article 2 investigative obligation, it had been met by the combination of the criminal trial and the four subsequent investigations of police conduct.

Private bigotry, public discipline

Written by: Dijen Basu KC
Published: 14 May 2021

A group of police officers exchange off-duty, sexist, degrading, racist, antisemitic, homophobic and disability-mocking WhatsApp group chat messages, as well posting crime scene photographs of current investigations. No crime was committed. That’s a private matter, isn’t it? No. It isn’t. So held the Second Division of the Inner House of the Court of Session in BC v Chief Constable of the Police Service of Scotland Livingstone [2020] CSIH 61; [2020] SLT 1021 (Lord Justice Clerk (Lady Dorrian), & Lords Menzies and Malcolm).

€12,000 for failure to investigate acid attack breaching Art 2 – but were all issues considered?

Written by: Elliot Gold
Published: 26 February 2021

In Tershana v Albania [2020] ECHR 586; (2021) 72 EHRR 13, the authorities’ failure adequately to investigate an acid attack against a woman amounted to a breach of the procedural obligation under Article 2, justifying damages of €12,000. In some ways, however, the judgment seems to be unsatisfying – citing cases that don’t quite fit the propositions stated and not examining potential breaches of Articles 3 and 14.

€12,000 for failure to investigate acid attack breaching Art 2 – but were all issues considered?

Written by: Elliot Gold
Published: 26 February 2021