Newsletter

2002

Cases Reported


R (H) v London Bus Services Ltd 1
Issue: Whether it had been appropriate to prosecute a young person rather than arrange a formal warning
 
DPP v Jones 4
Issue: Whether notice given under s14 of the Public Order Act 1986 to regulate the route to be taken by protestors was invalid as a result of the imposition of conditions that were ultra vires
 
McNally v Chief Constable of the Greater Manchester Police 9
Issue: Whether the Defendant could be required to state if a particular person was a police informant
 
R (Da Costa) v Thames Magistrates Court and Customs and Excise 14
Issue: The approach to be taken when a computer hard disc contained documents which could be seized under a warrant as well as other documents whose seizure was not authorised
 
MacIntyre v Chief Constable of Kent and others (High Court, Queen’s Bench Division) 19
Issue: Whether a libel claim should be determined by a Judge alone or a Judge sitting with a Jury and whether the Defendant should be entitled to rely upon similar fact evidence
 
MacIntyre v Chief Constable of Kent and others (Court of Appeal) 24
Issue: Whether the Judge was entitled to prevent the defendant from adducing similar fact evidence
 
McGrogan v Chief Constable of Cleveland Police 31
Issue: The test for deciding whether detention after an arrest for breach of the peace is lawful
 
R v Mason and others 39
Issue: Whether a Judge who knew the officer who authorised a covert operation should have sat; whether the recordings should have been excluded for non-compliane with Home Office Guidance
 
Quinland v Governor HMP Belmarsh and Lord Chancellor’s Department 52
Issue: Whether a prisoner could claim against the prison governor where the warrant of committal was based on an arithmetical error; whether he could sue the Criminal Appeals Office for failing to resolve the mistake in a timely fashion
 
R (Wiles) v Chief Constable of Hertfordshire 58
Issue: Whether a Superintendent’s decision to authorise further police detention had been lawful
 
Wilson v Commissioner of Police of the Metropolis 64
Issue: Whether a Judge had been entitled to find that a police officer had used unlawful force on the basis of poor quality video footage
 
Gough v Chief Constable of Derbyshire and related appeals 68
Issue: Whether football banning orders are compatible with the European Convention on Human Rights and European Community Law
 
Brooks v Commissioner of Police of the Metropolis and others 88
Issue: Whether, for the purpose of s20 of the Race Relations Act 1976, a person seeking services must show that his needs were known by those concerned with the provision of those services; whether a duty of care is owed to those who are witnesses to or victims of a very serious crime
 
R (Green) v Police Complaints Authority and others 101
Issue: Whether a person who makes a complaint against police is entitled to disclosure of the statements obtained in a subsequent investigation
 
R (Christofides) v Home Secretary 117
Issue: Whether a person is entitled to compensation for a miscarriage of justice where the Court of Appeal overturned a conviction and substituted a conviction for another offence
 
R (Rottman) v Commissioner of Police of the Metropolis and others 124
Issue: Whether statutory and/or common law powers of search and seizure are available in respect of an extradition crime
 
Liversidge v Chief Constable of Bedfordshire Police 146
Issue: Whether a police officer is entitled to bring proceedings against the Chief Constable under the Race Relations Act 1976 in respect of discriminatory behaviour perpetrated by other officers
 
R (Chief Constable of West Midlands Police and others) v Birmingham Magistrates 157
Issue: Whether a chief officer is entitled to delegate his powers and duties in relation to anti-social behaviour orders
 
K v Home Secretary 161
Issue: Whether, when deciding to release a potentially dangerous criminal, the defendant owed a duty of care to his potential victims
 
DPP v Park 171
Issue: Whether Justices must or should proceed to hear charges that have been laid whilst the defendant was being unlawfully detained
 
Anguelova v Bulgaria 173
Issue: Whether there had been breaches of Arts 2, 3, 5 and 13 of the European Convention on Human Rights where a person had died whilst in police detention
 
Matin v Commissioner of Police of the Metropolis 195
Issue: Whether, in a claim for malicious prosecution, want of reasonable cause can be inferred from malice
 
McGlennon v Chief Constable of Cumbria 202
Issue: Whether a chief officer is liable for acts of sex discrimination perpetrated by officers in his force, and whether an Employment Tribunal had been entitled to make findings of discrimination and victimisation.
 
R (NTL Group Ltd) v Ipswich Crown Court and Chief Constable of S Constabulary 213
Issue: Whether an offence is committed under the Regulation of Investigatory Powers Act 2000 when the respondent to a production application under Sched 1 of the Police and Criminal Evidence Act 1984 retains the material to be produced pending the hearing of the application
 
R (Carter) v Ipswich Magistrates’ Court 216
Issue: Whether Magistrates had been entitled to refuse to make an order under the Police (Property) Act 1897 for the return of money on the grounds that the money had been intended to be used in payment for a contract killing
 
Hayley v Chief Constable of Northumbria Police 219
Issue: Whether the Justices had been correct, on an application under the Police (Property) Act 1897, to order that the police should retain property which had been stolen and which had been seized from a person who was not implicated in the theft
 
Al Fayed and others v Commissioner of Police of the Metropolis and others 222
Issue: Whether the arrests of the Claimants had been lawful
 
R (DF) v Chief Constable, Norfolk Police and Home Secretary 257
Issue: Lawfulness of a decision to refuse a prisoner admission into a Protected Witness Unit – how immediate the danger has to be in considering the risk
 
R (Marper and another) v Chief Constable of South Yorkshire and another (Administrative Court) 273
Issue: Whether s81 of the Criminal Justice and Police Act 2001 (which provides that fingerprints and DNA samples may be retained after an acquittal) is incompatible with Arts 8 and 14 of the European Convention on Human Rights
 
R (Marper and another) v Chief Constable of South Yorkshire and another (Court of Appeal) 284
Issue: Whether s81 Criminal Justice and Police Act 2001 (which provides that fingerprints and DNA samples may be retained after an acquittal) is incompatible with Arts 8 and 14 of the European Convention on Human Rights
 
Masters v Chief Constable of Sussex 299
Issue: Whether a jury’s finding of excessive use of force was perverse in the light of expert evidence, and whether misfeasance could lie where an officer had taken fingerprints from a person with a broken arm
 
Clingham v Kensington and Chelsea London Borough Council; R (McCann) v Manchester Crown Court 305
Issue: Whether anti-social behaviour order cases are criminal or civil proceedings
 
R (Wilkinson) v Chief Constable of West Yorkshire 328
Issue: Whether there was jurisdiction to entertain judicial review of police disciplinary proceedings and whether the reasons given had been adequat
 
Akenzua and Coy v Home Secretary and Commissioner of Police of the Metropolis 344
Issue: Whether the representatives of a murder victim could maintain an action in misfeasance against the Defendants for releasing the assailant from custody
 
R (H) v Commissioners of Inland Revenue 350
Issue: Whether the defendant’s officers were entitled to seize a computer hard disk drive which contained some documents covered by a warrant for seizure and other documents which were not covered by the warrant
 
A v Chief Constable of the West Yorkshire Police and another 362
Issue: Whether the respondent was entitled to refuse to appoint the applicant as a police constable on the grounds that she was a transsexual
 
R (U) v Commissioner of Police of the Metropolis; R (R) v Durham Constabulary 371
Issue: Whether it was unlawful to administer a final warning without obtaining informed consent
 
Cruickshank Ltd v Chief Constable of Kent 379
Issue: Whether the Judge had been correct to give summary judgment in the defendant’s favour on claims in misfeasance and unlawful interference with contractual relations
 
Hepburn v Chief Constable of Thames Valley Police 388
Issue: Whether a warrant to search premises included a power to stop and search people within the premises, and whether physically preventing a person from leaving amounted to an assault
 
Mulloy v Chief Constable of Humberside Police 395
Issue: Whether the judge erred in finding that M had been unlawfully assaulted by a police officer
 
Dean v Chief Constable of the Leicestershire Constabulary 406
Issue: Whether the defendant was liable in respect of injuries sustained by D during police training
 
Omar v Chief Constable of Bedfordshire Police 413
Issue: Whether a decision to caution a person rather than to prosecute should be quashed because there had not been a sufficient investigation
 
Commissioner of Police of the Metropolis v Her Majesty’s Coroner 419
Issue: Whether there should be a new inquest because the original inquest had been an insufficient inquiry and because new evidence had been obtained; and whether a coroner was able to appoint a deputy when the burden of a particularly complex inquest prevented the coroner from carrying out her other duties
 
R (Mullen) v Home Secretary (Administrative Court) 423
Issue: Whether the Home Secretary’s refusal to make payment in a case of wrongful conviction was lawful; the applicability of Art 6 European Convention
 
R (Mullen) v Home Secretary (Court of Appeal) 429
Issue: Whether the Home Secretary’s refusal to make payment in a case of wrongful conviction was lawful; the applicability of Art 6 European Convention
 
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