This is the first of two posts on the case from the European Court of Human Rights, Shalyavski v Bulgaria  ECHR 564; (App no. 67608/11) 15.6.17, concerning breaches of Articles 3 and 8. This first one concerns damages for (arguably) detention contrary to Article 3. Where a disabled person, unable to mobilise himself, was kept by the police in a car for between eleven and twelve hours as a result of the arrest of his carer, this amounted to a breach of Article 3. Monetary damages were awarded but were typically modest.
The Policing and Crime Act 2017 heralds significant change to the powers of police staff and volunteers, going beyond those of Police Community Support Officers.
When the Act comes fully into force, the categories of employees with delegated powers will be streamlined from four to two: “community support officer” and “policing support officer”. The latter will cover the old categories of investigating, detention and escort officers. There are also two categories of volunteers: “community support volunteer” and “policing support volunteer”.
In relation to policing support officers and policing support volunteers, chief officers will be able to confer upon them any policing power, except for defined core powers. In other words, the position under the PRA of designation from a limited menu of powers will largely be reversed and staff could be designated with a wider variety of powers, duties and functions.
Mark Ley Morgan successfully acted for the Chief Constable of Nottinghamshire Police at first instance and on appeal in Frugal v Nottinghamshire Police  EWCA Civ 86 – a civil action concerning arrest and detention.
Many police practitioners will pause on learning that they are instructed in a case involving an arrest for breach of the peace. The reason being – that the law on when an arrest can be made is not always well understood by arresting officers. That is not to be discourteous to the police. Rather, it is a recognition of how complicated this issue can be. The Supreme Court in the case of R (Hicks) v Comr Metropolitan Police  UKSC 9 gives some assistance to the police where they seek to arrest persons in light of an imminent breach of the peace and provides a simpler statement of the law than did the Court of Appeal.