POLICE

[2019] EWHC 3169 (Admin)

[2019] EWHC 3169 (Admin)
QBD (Leeds) (Judge Kramer)
6 December 2019

Where the Independent Office for Police Conduct (IOPC) had concluded that there was a case to answer regarding misconduct complaints against a retired police superintendent, its findings were not invalidated by procedural defects in the notice served pursuant to the Police (Complaints and Misconduct) Regulations 2012 reg.16. However, the IOPC’s decision was quashed for irrationality because it had failed to identify police policies which were said to have been breached by the police’s failure to verify the accuracy of intelligence they had received before making arrests on the basis of it.

[2019] EWHC 2957 (Admin)

[2019] EWHC 2957 (Admin)
QBD (Admin) (Dingemans LJ, Chamberlain J)
6 November 2019

The Extinction Rebellion Autumn Uprising which took place at multiple sites in London between 7 and 19 October 2019 and which involved gatherings of protestors engaging in “disruptive actions” to challenge police resources and pressure the state into responding to their demands for change was not a “public assembly” within the Public Order Act 1986 s.14(1). Accordingly, the senior police officer designated to coordinate the police response to the Uprising had had no power to impose a condition under that provision. The court defined “public assembly” in s.14(1).

[2019] EWHC 2884 (Admin)

[2019] EWHC 2884 (Admin)
DC (Thirlwall LJ, Elisabeth Laing J, Dove J)
30 October 2019

The independent adjudicator, to whom disciplinary charges against prisoners were referred, did not have an express or implied power to refer charges to the police. The regime for discipline in prisons was intended to operate separately from the criminal justice system, except where the governor referred charges to the police or where the charges related to very serious offences.

[2019] NIQB 89

[2019] NIQB 89
QBD (NI) (Keegan J)
14 October 2019

The court considered whether the policy of the Police Service of Northern Ireland to review and retain a disruption notice breached the ECHR art.8. On analysis of the policy documentation, the retention period for the notice was 100 years or until the applicant turned 100, with no possibility of review and that breached the applicant’s Convention rights.

[2019] EWHC 2341 (Admin)

[2019] EWHC 2341 (Admin)
QBD (Admin) (Haddon-Cave LJ, Swift J)
4 September 2019

The current legal regime in the UK was adequate to ensure the appropriate and non-arbitrary use of automated facial recognition technology. A police force’s use of such technology in a pilot scheme was consistent with the requirements of human rights and data protection legislation and the public-sector equality duty.

[2019] EWHC 2215 (Admin)

[2019] EWHC 2215 (Admin)
QBD (Admin) (Flaux LJ, Sir Kenneth Parker)
14 August 2019

When determining whether misconduct proceedings should be brought against a police officer for the use of force, the applicable test for self-defence was the criminal law test, under which the officer only had to have had an honest belief that his life was in danger, and not the civil law test, which required that belief to have been objectively reasonable.

[2019] NIQB 75

[2019] NIQB 75
QBD (NI) (Colton J)
9 August 2019

The police exercise of stop and search powers under the Justice and Security (Northern Ireland) Act 2007 s.21 and s.24 was lawful in its application to minors. There were sufficient safeguards, including the Code of Practice for the Exercise of Powers in the Justice and Security (Northern Ireland) Act 2007, introduced under s.34(4) of the Act, to meet the “quality of law” test for interference with the rights of minors under ECHR art.8.

[2019] EWHC 2342 (QB)

[2019] EWHC 2342 (QB)
QBD (Judge Saggerson)
2 August 2019

A failure by police officers to recognise that a detainee who had been arrested on suspicion of driving whilst under the influence of drugs had suffered a stroke, and delay in the attendance of a forensic medical examiner, did not constitute a violation of the detainee’s rights under ECHR art.3 and art.8. The officers had neither actual nor constructive knowledge that the detainee had had a stroke or was otherwise in need of immediate medical attention, and the system devised and implemented for attendance of an FME was adequate.

[2019] EWCA Civ 1364

[2019] EWCA Civ 1364
CA (Civ Div) (Sir Andrew McFarlane PFD, Simon LJ, Nicola Davies LJ)
31 July 2019

A judge in care proceedings in which the parents were suspected of involvement in terrorism-related activity had correctly followed the approach in C (A Minor) (Care Proceedings: Disclosure), Re [1997] Fam. 76 in making an order directing the local authority to disclose to the police a copy of the parents’ position statements and statements of evidence. The Re C approach remained fit for purpose and did not require revision.

[2019] EWHC 2120 (Admin)

[2019] EWHC 2120 (Admin)
QBD (Admin) (Cheema-Grubb J)
31 July 2019

Damages were assessed in a case where the Court of Appeal had found that the claimants, who had been charged with murder and held in custody, were entitled to damages for malicious prosecution and for a police officer’s misfeasance in public office. Aggravated and exemplary damages were awarded due to the officer’s conduct.

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