Police Law Blog European Decisions Statutory Materials

Judicial review or internal appeal against bias?

Where a police officer makes an unsuccessful application for a panel to recuse itself on the grounds of perceived (or actual) bias, can he apply for judicial review of the decision before exhausting his ‘internal’ right of appeal (under rule 4(4)(c) of the Police Appeals Tribunal Rules 2012)? The law in foreign, common-law jurisdictions is […]

Police liability for failures in criminal investigations

The hits for the police keep on coming. The decision in Commissioner of the Metropolis v (1) DSD (2) NBV [2018] UKSC 11 confirms that the police can be liable in proceedings for a breach of Article 3’s prohibition on inhuman and degrading treatment (and possibly Article 4’s prohibition on slavery) where they fail to […]

Council of Europe practical guide on the use of personal data in the police sector

Practical guide on the use of personal data in the police sector. Produced by the Council of Europe Directorate General of Human Rights and Rule of Law   The Guide was therefore prepared to highlight the most important issues that may arise in the use of personal data in the police sector and to point out the […]

Not so fast-track! Holding a standard misconduct hearing after a quashed fast-track decision

Where an officer is dismissed at a fast-track hearing, based upon a conviction which is then subsequently overturned, a Police Appeals Tribunal (‘PAT’) will likely allow the misconduct appeal. In such circumstances, there has been no finding on the merits in misconduct proceedings to prevent the officer from facing a subsequent standard-track hearing. So said […]