In the same week that Dominic Raab unveiled his proposals for a new Bill of Rights, Parliament’s intent when it enacted the existing human rights framework has also been the subject of scrutiny by the Supreme Court. In the matter of an application by Margaret McQuillan for Judicial Review (Northern Ireland) (Nos 1, 2 and 3) [2021] UKSC 55, the Court has provided guidance on three key matters: the extent to which the investigative duty under articles 2/3 of the European Convention of Human Rights is engaged in pre-commencement deaths (the ‘Temporal Scope Issue’); when new evidenc ..read more

  In R (Rose) v Chief Constable of Greater Manchester Police [2021] EWHC 875 (Admin), a businessman successfully challenged a decision not to refer his complaint to the Independent Office of Police Conduct (IOPC) under the mandatory referral criteria. The High Court concluded that the chief constable  had failed to review the conduct alleged and consider whether, if substantiated, it would constitute serious corruption as defined in the (then) Independent Complaints Commission (IPCC) Statutory Guidance on the handling of complaints. Instead, he had performed an as ..read more

R (on the application of M) v Chief Constable of Sussex [2021] EWCA Civ 42 is an important decision from the Court of Appeal regarding an information sharing agreement (“ISA”) between a police force and a local business crime reduction partnership (“BCRP”). The ISA was held not to breach the Data Protection Act 2018 ("DPA") and the sharing of information that revealed a vulnerability to child sexual exploitation (“CSE”) was held not to be in breach of data protection rights. The case indicates the approach that the courts may take when asked to scrutinise information sharing agreemen ..read more

The question of how misconduct proceedings should address allegations of discrimination or harassment has now been the subject of a handful of High Court decisions. What falls from them is the importance of the misconduct allegations setting out the specific heads of discriminatory behaviour said to have been committed, whether such conduct is deliberate or accidental, and the effect of such behaviour. This blog post reviews those cases and their relevance to how future misconduct proceedings are presented, defended and determined ..read more

In R (Grice) v HM Senior Coroner of Brighton and Hove [2020] EWHC 3581, the High Court has summarised the scope of the requirements under article 2 of the European Convention of Human Rights (ECHR) for an effective investigation into alleged failures of the police to protect life. The question arose where a coroner had refused to re-open the inquest into the murder of a woman by her former partner after the police had mishandled her complaints of stalking. While the criminal trial by itself had not satisfied the article 2 investigative obligation, i ..read more

A group of police officers exchange off-duty, sexist, degrading, racist, antisemitic, homophobic and disability-mocking WhatsApp group chat messages, as well posting crime scene photographs of current investigations. No crime was committed. That’s a private matter, isn’t it? No. It isn’t. So held the Second Division of the Inner House of the Court of Session in BC v Chief Constable of the Police Service of Scotland Livingstone [2020] CSIH 61; [2020] SLT 1021 (Lord Justice Clerk (Lady Dorrian), & Lords Menzies and Malcolm ..read more

In Tershana v Albania [2020] ECHR 586; (2021) 72 EHRR 13, the authorities' failure adequately to investigate an acid attack against a woman amounted to a breach of the procedural obligation under article 2, justifying damages of €12,000. In some ways, however, the judgment seems to be unsatisfying – citing cases that don't quite fit the propositions stated and not examining potential breaches of article 3 and 14.  ..read more

The Court of Appeal has reiterated, in Rees v Commissioner of Police of the Metropolis [2021] EWCA Civ 49, that since non-pecuniary damages in civil claims against the police. e.g. for loss of liberty, or distress and inconvenience, are generally assessed by reference to all matters leading up to the judgment, there will usually be no need for an additional award of interest. A substantial award of exemplary damages – £150,000, split between three claimants, was upheld on the basis that the case had involved an egregious prosecution set in motion by an officer of very senior rank (a Detec ..read more

If concerns are raised that a person might be vulnerable to radicalisation, how long can a police force hold data about that person? This was the question facing the High Court in the case of R (II) v Commissioner of Police for the Metropolis [2020] EWHC 2528 (Admin), which held that the police's continued retention of data a sixteen year old was contrary to the Data Protection Act 2018 and article 8. In finding this, the court held that a force’s retention of data must be proportionate, what is proportionate in any given situation is fact-specific and that when the police ..read more

No new Regulations have as yet been laid before Parliament setting out the detailed wording of the new lockdown measures. The Government website states: When you can leave home You must not leave or be outside of your home except where you have a ‘reasonable excuse’. This will be put in law. The police can take action against you if you leave home without a ‘reasonable excuse’, and issue you with a fine (Fixed Penalty Notice). The Government have confirmed that the current instructions “will be put in law”. However, the circumstances in which the FPNs will now be triggered are not yet specifie ..read more