Sitting in detention

Written by: Elliot Gold
Published: 8 September 2015

In the recent decision in Zenati v (1) Commissioner of Police of the Metropolis (2) Crown Prosecution Service [2015] EWCA Civ 80; [2015] QB 758, the Court of Appeal held, for the first time, that the police may be liable to a suspect remanded in custody for a breach of Article 5 where they fail to provide the court with all relevant, material information when the court makes a decision to remand the suspect in custody; to act with expedition when conducting ongoing investigations or when responding to requests from the CPS whilst the suspect remains remanded in custody.

Identifying disability

Written by: Rad Kohanzad
Published: 17 August 2015

When ought an officer be treated as being disabled for the purposes of making adjustments under the Equality Act 2010?

The relevance of restricted duties, substantive adverse affect, whether the condition is long term and the impact of adjustments and treatments.

Police duty of care to witnesses

Written by: Elliot Gold
Published: 3 August 2015

The taking of witness statements by the police and the making of applications for witness summons’ falls within the core immunity in Hill;

Such actions do not demonstrate a voluntary assumption by the police of a particular duty of care to the maker of the statement;

Article 8 provides no greater protection than article 2 and it will be difficult for a Claimant to succeed only on the former.

Publicising Disciplinary Procedures

Written by: George Thomas
Published: 20 July 2015

From 1st May 2015, most of the provisions of the Police (Conduct) (Amendment) Regulations 2015 come into effect.

The 2015 Amendment Regulations make changes to the Police (Conduct) Regulations 2012 (“the 2012 Regulations”).

The major change is that misconduct hearings will now be held wholly or partly in public. Previously this was only exceptionally the case. This is a very significant legal and practical change.

An additional significant change is that the 2012 Regulations now specify that a police officer who makes a protected disclosure (as defined in the Employment Rights Act 1996) is not to be regarded as breaching the Standards of Professional Behaviour.

In Whose Interest are You Acting?

Written by: George Thomas
Published: 13 July 2015

The impact of the High Court decision in James-Bowen v The Commissioner of Police of the Metropolis on the relationship between a Chief Officer and those accused of wrongdoing in civil proceedings.

The High Court confirmed that, where a Chief Officer is defending civil proceedings brought solely against him/her, there is no duty owed to individual officers whose conduct is the subject matter of the claim.

While this decision is perhaps unsurprising, the action highlights the uncomfortable position a constabulary will often find itself in where it is uncertain about the truth of an allegation made against an officer.