Police Law Blog European Decisions Statutory Materials

Assessment of uninjured earning capacity in relation to a police injury pension 

The recent decision of the High Court upon an application for judicial review of a Police Medical Appeals Board (‘PMAB’) decision in the case of R (Fisher) v (1) Chief Constable of Northumbria (2) PMAB [2017] EWHC 455 (Admin) highlights the pitfalls in the assessment of a former officer’s uninjured earning capacity when reviewing the level of an injury pension under regulation 37 of the Police (Injury Benefit) Regulations 2006.

Are LQCs independent (and do they want to be?)

A recent decision from the High Court in Chief Constable of Thames Valley v Police Misconduct Panel [2017] EWHC 923 (Admin) says that misconduct panels can now be judicially reviewed by Chief Constables – but gives rise to a number of new and potentially awkward questions.

Whether a Chief Constable had standing to apply for judicial review against a decision of a misconduct hearing panel had not, until now, been a question that anyone wanted to ask. Before the recent advent of legally qualified chairs, hearings were presided-over by either an Assistant Chief Constable (ACC) or a Deputy Chief Constable. Plainly, it would have been (almost) unthinkable for a Chief Constable to seek to bring a judicial review against a decision that one of their own chief officers had made.

Honesty and integrity – honestly different?

Another month, another decision on the meaning of honesty and integrity. Given that the Standard of ‘Honesty and Integrity’ is considered primus inter pares in relation to the other Standards, in that a breach of it puts an officer at serious risk of dismissal, what amounts to this is important – for officers and presenting authorities.

There has been a number of cases addressing this over the past couple of years. They have focused on the meaning of integrity as opposed to honesty – whether integrity is something different to honesty and, if so, whether it is measured subjectively or objectively. This post will suggest that integrity is something different to dishonesty and is measured objectively rather than subjectively.

Self-defence and Inquests: Subjective or Objective reasonableness?

R (Duggan) v Asst Coroner North London and (1) Metropolitan Police Commissioner (2) Serious Organised Crime Agency (3) IPCC (4) DS Belfield (5) DC Faulkner (Interested Parties)[2017] EWCA Civ 142

Mark Duggan’s fatal shooting by Metropolitan Police officers gave rise to widespread public disorder across the country. The inquest jury’s finding that the cause of death was “lawful killing” has, unsurprisingly, remained matter of public debate and given rise to several legal challenges.