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.

Motivation in whistleblowing, and dismissal

Written by: Rad Kohanzad
Published: 21 March 2016

The Claimant, a senior officer, brought Employment Tribunal proceedings seeking substantial compensation from a Police Force which they alleged had discriminated against them on the grounds that they were gay, victimised them and treated them unfavourably because they were a whistleblower. All the claims were dismissed on 22nd February 2016. The ET anonymised the names of the parties in order to protect their identities.

The thrust of the Claimant’s claims before the ET were that the Force investigated them, brought misconduct proceedings and intended on sending a harmful reference to their new employer because they had made allegations discrimination, had “blown the whistle” and was gay. As a result of their alleged treatment, the Claimant resigned, claiming automatically unfair constructive dismissal (under s.103A ERA).

No duty owed in shooting of unarmed suspect

Written by: Jamie Mathieson
Published: 8 March 2016

A police officer shot an unarmed suspect, wrongly thinking he was aiming a gun. A claim for damages in Davis v Commissioner of the Police of the Metropolis [2016] EWHC 38 (QB) failed because the officer was reasonably and honestly mistaken and acted in self-defence. Briefing the officer with inaccurate information was not negligent because the suspect was not owed a duty of care.

The Shooting of PC Rathband: Who was responsible?

Written by: George Thomas
Published: 1 March 2016

The story of PC David Rathband, shot and blinded by Raoul Moat on 4th July 2010, and his subsequent suicide in February 2012, is one of the most traumatic for the police service in recent years. Prior to his death he had commenced legal proceedings against the Chief Constable of Northumbria Constabulary arising out of the shooting. The claim was carried on after his death by his brother and sister, on behalf of his dependants and estate.

Two weeks ago the High Court gave its judgment in Rathband v Chief Constable of Northumbria [2016] EWHC 181 (QB). It dismissed the claim in negligence brought against the Chief Constable of Northumbria Police. In doing so the Court had to determine where the balance lay between the competing principles that (1) a Chief Constable owes a duty of care to serving officers, and (2) the immunity from suit in negligence that a Chief Constable generally enjoys in relation to operational decisions.