Police Law Blog European Decisions Statutory Materials

Should police officers be separated after a shooting?

In February 2017, there was something of a falling out between the police and the IPCC regarding post-incident procedures when police firearms are deployed. Reasonable arguments were made on all sides, robustly and publicly.

Shortly before his retirement as Metropolitan Police Commissioner, Sir Bernard Hogan-Howe gave a speech calling for “less suspicion and more trust” in firearms officers. He raised a concern, also raised by the Police Federation, about officers being deterred from volunteering and training for firearms duty by the threat of being treated as a suspect when they discharge firearms on duty and then being the subject of lengthy investigations. He also said, “we can’t afford to have officers think twice because they fear the consequences of shooting someone. That’s how they get shot or the public gets hurt or a criminal gets away with a gun.”

Can police forces publish misconduct investigation reports? Should they?

Publication of misconduct investigation reports can give rise to difficult and important questions, particularly in cases where there has been no misconduct hearing because there has been a determination of “no case to answer”, or because the accused officer has resigned or retired.

To my knowledge there is no provision in the Police Reform Act 2002, Police (Conduct) Regulations 2012 or related regulations which compels police forces to publish misconduct investigation reports; nor is there an express power to do so, voluntarily. But the question of publication may well arise as a result of a request for information under the Freedom of Information Act 2000 (“FOIA”). The FOIA of course establishes the general right of access to information held by public authorities, including Police and Crime Commissioners and police forces, upon written request, subject to exemptions.

Barbulescu v Romania. Stop Press

Readers of this blog will recall that the Barbulescu case concerned Article 8 of the European Convention on Human Rights, in respect of private life and correspondence at work. The employee had been dismissed for allegedly breaching company regulations in relation to personal messaging at work.

A chamber of the Strasbourg Court held there had been no violation of Article 8, for the reasons explored in the blog below. However, the Grand Chamber of the Court has now reversed that decision and decided, by eleven votes to six, that there had been a violation of Article 8.

The Grand Chamber focused on the question of whether the employee had proper notice that his communications at work would be monitored, whether the employer could have used less invasive monitoring methods, and the court re-struck the balance between the employer and the employee’s rights and interests in the case.

Police use of firearms statistics

Each year, the Home Office published police use of firearms statistics for England and Wales. This year’s publication on 27 July 2017, relates to the period from 1 April 2016 to 31 March 2017.

The headline figures show that, in the year to March 2017:

  • there were 15,705 police firearms operations;
  • 84% of those operations involved Armed Response Vehicles (ARVs);
  • there were 10 incidents in which police discharged firearms;
  • London accounted for the largest proportion (27%) of all police firearms operations; the North East accounted for the smallest proportion (3%);
  • there were 6,278 Authorised Firearms Officer (AFOs), representing 5% of the total number of 125,851 police officers – the highest proportion in last 9 years.

Parks police dismissal does not engage article 8

The recent case of Vining & Ors v London Borough of Wandsworth [2017] EWCA Civ 1092 represents an attempt to circumvent restrictions on certain types of officers from enjoying employment law rights – in a claim of unfair dismissal and for a protective award in respect of an alleged failure in collective consultation relating to their redundancies.

Wandsworth reorganised their parks police force and dismissed Mr Vining (V) and Mr Francis (F) from that force on the ground of redundancy. As a result, V and F brought proceedings for unfair dismissal for W’s failure to consult them during the redundancy process.