Ill-disciplined disclosure

Written by: Gerard Boyle KC
Published: 15 June 2015

What documents ought the Appropriate Authority to be disclosing to the officer, the panel and now the public?

One option is to supply the officer with the IO’s report “warts and all” with all statements and documents relating to the officer, together with an invitation to the officer either to agree duplication of service on the panel, or service of redacted material.

Adopting such an approach may avoid unnecessary arguments about bias and recusal on the grounds of prejudice.

However, it is attended by the risk that a complainant, or the IPCC, could complain that the AA is in breach of its Reg. 27(1) obligation.

Domestic Murder: Are the Police Liable?

Written by: James Berry
Published: 13 April 2015

The majority of the Supreme Court have once again concluded that the police owe no duty of care in negligence to members of the public who suffer harm at the hands of criminals.

However, the case of Michael v Chief Constable of South Wales [2015] UKSC 2 has confirmed that, although there may be no claim in negligence, the police may still be liable for a breach of Article 2 of the European Convention on Human Rights (ECHR).

Such claims can be brought in the domestic courts under the Human Rights Act (HRA) 1998.

The police may be held liable to victims (or their families) for clear failures to prevent a potentially fatal incident of domestic violence of which they have received specific warning.

Areas of Continuing Legal Risk: a Review of 2014

Written by: George Thomas
Published: 30 March 2015

A review of the reported legal decisions 2014 relating to policing demonstrates that many of the old risk areas for litigation continued to trouble chief police officers, and increasingly Police and Crime Commissioners (PCCs). While it is difficult for a force to protect itself from litigation following unpredictable major events, such as the London riots, there are particular aspects of policing where forces continue to face repeated litigation, or trends suggest that claims are likely to increase in the future.

The public scrutiny of police activity, and the rights of individual members of the public to bring action when their rights are infringed, are truly fundamental features of open democracy. A certain amount of civil litigation is probably an inevitable feature of modern policing. However, Chief Officers and PCCs ought to be examining carefully whether there are aspects of their police operations that are generating excessive civil claims. Reducing the incidence of such claims ought to improve the standards of policing as well as reducing the annual drain on policing budgets caused by legal claims and their associated costs.

Leaving under a cloud: a duty of candour for departing officers?

Written by: Susanna Rickard
Published: 26 January 2015

A recent High Court case has recognised the heightened ethical and public law duty on Chief Officers when a Force provides references to outside bodies regarding officers who are leaving the police. The duty is particularly pertinent to situations where officers leave under the cloud of potential or pending disciplinary proceedings.

Following the death of Ian Tomlinson, the spotlight has been on internal police vetting procedures and how to ensure that information about an officer’s misconduct history is shared at the relevant points, such as when an officer seeks to transfer or re-join a force. The decision in AB v A Chief Constable [2014] EWHC 1965 (QB) recognises a need to be just as alert, and where necessary to share information about, officers who are leaving the police force altogether.

Search Warrants: Jurisdiction and Disclosure Obligations

Written by: Oliver Williamson
Published: 15 December 2014

The obtaining and execution of search warrants remains an area of operational risk for the police. The margin for error is often narrow. In two cases in the last year the courts have provided useful and important clarification of issues concerning search warrants that had not previously been definitively determined. Further guidance has also been given on how search warrant applications should be drafted, and the impact that disclosure obligations have on the process. Judicial guidance can sometimes (understandably) be overlooked by officers, but will be relied upon in any subsequent challenge. This article highlights the guidance given in recent cases which has important practical implications.