The Supreme Court in R (AR) v CC Greater Manchester Police [2018] UKSC 47 upheld the inclusion of information in an enhanced criminal record certificate (ECRC) that a person had been acquitted of rape. The judgment shows the importance of chief officers considering with great care the various factors in order to strike a fair balance between the rights of the individual applying for the ECRC as opposed to the wider rights of the community, including vulnerable persons.
The working assumption of most police lawyers is that a common law duty of care will not arise where call handlers tell 999 callers that the police will attend and assist. The judgment in Sherratt v Chief Constable of GMP [2018] EWHC 1746 (QB) demonstrates that a more careful analysis is required. In this case, some fairly common and non-specific assurances were sufficient to give rise to a duty of care.
The Supreme Court has held in James-Bowen & Ors v Commissioner of Police of the Metropolis [2018] UKSC 40 that the Commissioner owed no duty to protect the economic and reputational interests of officers whose alleged misconduct formed the subject of a civil claim, which the Commissioner had settled.
The officers had been involved in executing the arrest of BA at BA’s home in December 2003. BA accused the officers of having assaulted and abused him, allegations which received widespread media coverage. He brought a civil claim against the Commissioner, who was vicariously liable for the officers’ actions and who settled the claim with an admission of liability (relating to the officers’ alleged wrongdoing) and payment of compensation. The officers were not parties to the civil claim and had declined to give evidence at the trial due to fears for their own safety following the release of their identities into the public domain by the Independent Police Complaints Commission, now the Independent Office for Police Conduct. After the civil claim was settled, the officers were prosecuted in the Crown Court: a jury speedily acquitted them following disclosure of a probe in BA’s home which undermined his version of events.
The officers brought claims against the Commissioner, as their quasi-employer, for having failed to protect their interests in the conduct of the civil litigation including the settlement of the claim.
The recent decision of Holmes v CC Merseyside Police [2018] EWHC 1026 (QB) confirms the power of the police to arrest individuals who are not acting unlawfully. It relies on the earlier case of CPS v McCann [2015] EWHC 2461; [2016] 1 Cr. App. R. 6, which held that an arresting officer was acting in the execution of their duty when making an arrest notwithstanding that their suspicion that that offences were being committed being mistaken.
Challenges to a failure to adjourn seem to be popping-up at the moment. There was the recent decision of the Court of Appeal in Solanki v (1) Intercity Telecom Ltd (2) Guidinglight Finance Ltd [2018] EWCA Civ 101 – where a judge had failed to give adequate reasons for rejecting medical evidence justifying an adjournment. By contrast, in the recent decision of Lindsay v Solicitors’ Regulatory Authority [2018] EWHC 1275 (Admin), the respondent in misconduct proceedings failed to advance adequate evidence to support such an application. What lies deeper beneath, however, is whether an appeal against a decision not to adjourn requires the appellate court or tribunal to consider whether the original decision lay within the range of reasonable responses open to the decision maker below or, alternatively, has to determine the question of fairness/correctness itself.