Inquests, Coroners and Secrets: the latest word

Written by: Bridget Dolan KC
Published: 30 November 2016

Senior Coroners still smarting from being described as holding “a relatively lower judicial office” by Mr Justice Singh in the Norfolk Coroner v AAIB case last month have now been dealt a second blow by Cranston J when he made it very clear in Secretary of State for the Home Dept v Senior Coroner for Surrey [2016] EWHC 3001 (Admin) that not only are Senior Coroners, as a category, not among those able to see sensitive material related to issues of national security, but that the Secretary of State can rely upon the assertion of a general policy not to provide Coroners with such material and so does not have to provide any evidence that disclosure to the particular Coroner will in itself result in a real risk of serious harm to national security.

Is dismissal honestly necessary?

Written by: Frances McClenaghan
Published: 21 November 2016

In R (Darren Williams) v Police Appeals Tribunal [2016] EWHC 2708 (QB), Mr Justice Holroyde was asked to consider whether ‘the Salter principle’ – that personal mitigation carries diminished weight in cases of police or professional misconduct – applies to all breaches of professional standards, not just honesty and integrity. He found that it did – but that all mitigation must properly be weighed and considered.

Obtaining Medical Records – the limits of PACE

Written by: Sarah Clarke KC
Published: 20 May 2016

How can the police obtain a suspect’s medical records pre-charge? Pre-charge it is not possible to obtain a witness summons under s.2 of the Criminal Procedure (Attendance of Witnesses) Act 1965.

Can a Production Order under Sch 1 para 4 of Police and Criminal Evidence Act 1984 (‘PACE’) be applied for instead? The answer seems to be “No”.

Strip-search and cell move not unlawful

Written by: Mark Ley-Morgan
Published: 3 May 2016

A person who was strip-searched in police custody and then moved whilst unclothed was not treated contrary to Article 3 or Article 8 where it was due to his own behaviour, the Court of Appeal has held in Yousif v Commissioner of Police for the Metropolis [2016] EWCA Civ 364.

The appellant was originally from Iraq where he had suffered at the hands of the authorities. He had a personality disorder, post-traumatic stress disorder and paranoia. He had been arrested following an incident of ‘road rage’. He was taken to Paddington Green Police Station, where he remained for some 12 hours. When he was being booked into custody the appellant said ‘yes’ when asked whether he had tried to commit suicide in the past but then refused to give details or respond when asked whether he was feeling suicidal. The custody officer decided that the appellant should be stripped searched and that all of his clothes should be taken from him so that he was left naked in a cell that was constantly monitored by CCTV. During his detention he was moved from one cell to another whilst naked.

The Psychoactive Substances Act 2016: A Brief Guide

Written by: George Thomas
Published: 4 April 2016

Over recent years the problems of monitoring, regulating, banning and criminalising the sale of new psychoactive drugs have been recognised. These substances may be every bit as dangerous as drugs that are already controlled substances under the Misuse of Drugs Act 1971 (“the MDA”). However, the rate at which new chemical formulations are devised means that a system of regulation such as the MDA, based on a specific identifiable substance, simply cannot keep up.

In the Queen’s Speech on 27 May 2015, the government announced that, “new legislation will… ban the new generation of psychoactive drugs.” The new regime seeks to classify substances not by their specific formulation (as under the MDA) but by their effect on the brain.