Can pre-emptive detention, purely to prevent a person committing an offence or a breach of the peace, where they have not yet committed an offence, be lawful under Article 5 of the ECHR? In R (Hicks) v Commissioner of Police of the Metropolis [2014] EWCA Civ 3 the Court of Appeal has said, “yes”: it may […]
This post, which originally appeared as an article in Police Professional, examines the implications of two recent cases concerning police liability for breach of Article 2 and explores the different vulnerability of the police to common law negligence claims and claims under Article 2 with respect to operational failures. […]
In R (L) v Chief Constable of Cumbria [2013] EWHC 869 (Admin) a teacher successfully challenged the Chief Constable’s decision to disclose certain information about him for the purposes of an Enhanced Criminal Record Certificate. The Court’s decision is instructive for disclosure officers because of the comprehensive summary of the relevant principles. It is also instructive […]
In Sarjantson v Chief Constable of Humberside Police [2013] EWCA Civ 1252 the Court of Appeal found that the police owed a duty under Article 2 to take reasonable steps to respond to a 999 call reporting that a group of youths were attacking someone, regardless of whether the victim was identified or identifiable to the […]
In Finnigan v Chief Constable of Northumbria Police [2013] EWCA Civ 1191 the Court of Appeal found that when police officers wants to carry out a search a deaf person’s home, they have to make reasonable adjustments by considering what is reasonable for deaf persons as a class rather than the deaf person whose home is […]