Loading...

Follow Searjeants INn Chambers | UK Police Law Blog on Feedspot

Continue with Google
Continue with Facebook
or

Valid

The PACE Codes of Practice are available on the Home Office site, on a recently updated page. It states the most recent version of each Code, together with previous versions of the codes and the dates they came into force. The page is here: 

https://www.gov.uk/guidance/police-and-criminal-evidence-act-1984-pace-codes-of-practice.

Read Full Article
  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

The High Court has held in Commissioner of Police of the Metropolis v Brown [2018] EWHC 2046 (Admin) that qualified one-way costs shifting (‘QOCS’) protection does not apply automatically in proceedings where a claimant is advancing both a claim for damages for personal injury and a claim other than a claim for damages for personal injury (a ‘mixed claim’).

Read Full Article
  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

The Home Office has published:

- Frequently asked questions on the barred and advisory lists; and

- Amended Home Office guidance on police misconduct.

The Home Office states that the changes include:

- further guidance on the regulations for former officers including whether they apply to cases of misconduct taken under Conduct Regulations issued prior to 2012

- clarification that police staff members who are under local probationary rules equivalent to Regulation 13 of Police Regulations 2003 will not be included on the barred list

- triggers and process for the advisory list have been made clearer and explanation of the process of automatic removal from the advisory list which exists for designated volunteers.

https://www.gov.uk/government/publications/circular-0172018-updated-home-office-guidance-on-police-misconduct

 

Read Full Article
  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

The working assumption of most police lawyers is that a common law duty of care will not arise where call handlers tell 999 callers that the police will attend and assist. The judgment in Sherratt v Chief Constable of GMP [2018] EWHC 1746 (QB) demonstrates that a more careful analysis is required. In this case, some fairly common and non-specific assurances were sufficient to give rise to a duty of care.

Read Full Article
  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

The recent decision of Holmes v CC Merseyside Police [2018] EWHC 1026 (QB) confirms the power of the police to arrest individuals who are not acting unlawfully. It relies on the earlier case of CPS v McCann [2015] EWHC 2461; [2016] 1 Cr. App. R. 6, which held that an arresting officer was acting in the execution of their duty when making an arrest notwithstanding that their suspicion that that offences were being committed being mistaken.

Read Full Article
  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

Separate tags by commas
To access this feature, please upgrade your account.
Start your free month
Free Preview