- It is not an essential condition of a lawful arrest that a constable should verbally formulate a charge.
- What is required is that the arrested person be told the act for which they are being arrested.
Time to go? Compulsory retirement of police officers.
- It is a legitimate aim for police forces “to achieve efficiency by reducing officer numbers with certainty”.
- Police Forces had no other means of achieving certainty in their staff reductions other than by the use of A19, due to the limited ways in which officers can be dismissed.
- This finding demonstrates that the crucial question of whether a PCP is justified may depend on how the “legitimate aim” is phrased.
Sitting in detention
In the recent decision in Zenati v (1) Commissioner of Police of the Metropolis (2) Crown Prosecution Service [2015] EWCA Civ 80; [2015] QB 758, the Court of Appeal held, for the first time, that the police may be liable to a suspect remanded in custody for a breach of Article 5 where they fail to provide the court with all relevant, material information when the court makes a decision to remand the suspect in custody; to act with expedition when conducting ongoing investigations or when responding to requests from the CPS whilst the suspect remains remanded in custody.
Identifying disability
- When ought an officer be treated as being disabled for the purposes of making adjustments under the Equality Act 2010?
- The relevance of restricted duties, substantive adverse affect, whether the condition is long term and the impact of adjustments and treatments.
Police duty of care to witnesses
- The taking of witness statements by the police and the making of applications for witness summons’ falls within the core immunity in Hill;
- Such actions do not demonstrate a voluntary assumption by the police of a particular duty of care to the maker of the statement;
- Article 8 provides no greater protection than article 2 and it will be difficult for a Claimant to succeed only on the former.