In R (on the application of A) v Chief Constable of Kent  EWHC 424 (Admin) the Court decided that the Defendant’s disclosure, in an enhanced criminal records check [“ECRC”], of allegations of neglect and ill-treatment made against a nurse, was unlawful and amounted to a breach of Article 8 ECHR. The wrong legal test was applied by the Defendant and the allegations had been shown to be unreliable (and had not been acted on by a number of bodies).
Mengesha: Limits on Police containment powers
In Mengesha v Commissioner of Police of the Metropolis  EWHC 1695 (Admin) the High Court made explicit some of the limitations on how people who have been lawfully contained may be treated, in particular the imposition of conditions for their release.
Cousins-Chang: Court rules treatment of 17 year olds as adults in custody is unlawful
In R (Cousins-Chang) v (1) Secretary of State for the Home Department and (2) The Commissioner of Police of the Metropolis  EWHC 982 (Admin) the Court ruled Code C of PACE to be unlawful insofar as it allows 17 year-olds in police detention to be treated as adults.
ZH: Police acted unlawfully when restraining an autistic boy
In ZH v Commissioner of Police for the Metropolis  EWCA Civ 69 the Court of Appeal found that the police had acted unlawfully, violated an autistic boy’s human rights and discriminated against him by not having proper regard to his condition.
Meeting the Article 2 Operational Duty
In the second of a two-part article for Police Professional George Thomas and Cecily White examine procedures and safeguards that may assist in establishing an appropriate standard for the investigation of all stalking allegations following a review of the existing criminal and civil law relating to stalking.