A defendant cannot defend himself from prosecution for breach of a Community Protection Notice (‘CPN’), on the basis that the CPN is invalid. The reason, stated in Stannard v The Crown Prosecution Service [2019] EWHC 84 (Admin), is that there is an effective means to challenge the CPN – either by exercising the right of […]
I had said in an earlier post that the regulations sought to interfere more intrusively in the decisions and discretions of LQCs. The one in which most practitioners may be interested is that concerning legal representation. By reg 7(2), the unavailability of a relevant lawyer is said to be “not a valid ground for unreasonable delay […]
In Bennett v Chief Constable of Merseyside [2018] EWHC 3591 (Admin), the High Court confirmed that a district judge was correct to make no order for costs against the police after it withdrew its Proceeds of Crime Act 2002 (‘POCA’) s.298 application for cash forfeiture. In considering the decision of the district judge, the High Court reaffirmed […]
In Griffiths v (1) Chief Constable of Suffolk (2) Suffolk NHS Foundation Trust [2018] EWHC 2538 (QB), the High Court dismissed claims that the Chief Constable and the NHS Trust were negligent in breaching their duties of care or had breached human rights. The case is interesting for reaffirming three points: i. the law will generally […]
The changes to the investigation process are few but important. An officer is entitled to more information that previously and there are now timescales which, if not met, require an explanation to be given to the policing body. […]