Police - June 2008
This edition contains an update on the case of Van
Colle v Hertfordshire Constabulary following the recent
House of Lords hearing.
......Articles on the controversial issue of
police officers sitting as Jurors, The Corporate Manslaughter and
Homicide Act 2007 , the question of anonymity for firearms officers
at Inquests, the recent decision of the EAT in the case of
West Midlands Police v Blackburn and one
other, the latest novel use of the Anti Social Behaviour
Legislation, trips and slips and data protection.
Van Colle v The Chief Constable of
Hertfordshire Constabulary
The House of Lords heard the appeal by
Hertfordshire Constabulary between 19 and 23 May 2008.
Mark Whitaker who acted for Hertfordshire
Constabulary highlights the main issues arising.
Do Police Officers make biased
Jurors
The Court of Appeal in the case of R v
Khan & Others considered whether police officers could
be considered to be unbiased Jurors. Hannah Pooley comments on their
findings.
Corporate Manslaughter and Corporate
Homicide Act 2007
The Corporate Manslaughter and Corporate
Homicide Act 2007 have introduced a new criminal
offence. David Lewis of
Weightmans Dedicated Regulatory Services Team looks at the Act and
what it means to the Police Service. David will be speaking further
on this subject at the Weightmans Conference at Eastwood Hall
Nottingham on 22/23 September 2008.
When can an application for anonymity
be properly made at an Inquest?
At a recent pre - Inquest hearing the Coroner
for North Staffordshire made an order granting full anonymity to
four firearms officers who had been in attendance at the scene of a
fatal shooting. Martin Forshaw who
acted on behalf of Staffordshire Constabulary identifies the
salient points of the Coroner’s decision.
Equal Pay – Discriminatory bonus
justified
The EAT has held that a bonus scheme designed
to award police officers working at night was an appropriate and
necessary means of achieving the legitimate aim of rewarding
working anti social hours, despite the scheme adversely affecting
women. Jawaid Rehman, Head of
Weightmans Equal Pay Forum looks at the recent decision in the
Chief Constable of West Midlands Police v Blackburn & one
other.
Anti Social Behaviour Orders, ASBO
given for breach of existing restraining order – a legal
first?
Is this a legal first? Belinda Moore looks at a case where a man who
breached a restraining order received an Anti Social Behaviour
Order banning him from living and sleeping in his own home.
Litigation – Don’t trip yourself on
Regulation 12.1
Trips and slips and work can lead to civil
claims. Saul Burton looks at the
unreported case of Sims v Hertfordshire County
Council and considers the obligation placed upon employers
by Regulation 12 (1) and 12 (2) of the Workplace (Health, Safety
and Welfare) Regulations 1992.
Data Protection, Loss or Improper
Disclosure of Personal Data – damages for victims and penalties for
transgressors
Missing discs and stolen laptops are big news,
but what are the real risks? Simon
Charlton looks at damages claims and the penalties the Information
Commissioner can impose for breaches of the Data Protection
Act.
We hope that you find our bulletin informative
and practical and we would welcome feedback on ways in which we can
ensure that the bulletin best meets your needs. The
Bulletin’s editor is Martin Forshaw, Head of the National Police
Team who can be contacted at: martin.forshaw@weightmans.com
This update does not attempt to provide a full
analysis of those matters with which it deals and is provided for
general information purposes only and is not intended to constitute
legal advice and should not be treated as a substitute for legal
advice. Weightmans LLP accepts no responsibility for any loss that
may arise from reliance on the information in this update. The
copyright in this update is owned by Weightmans.