PLOD - Police Law On Demand

In the second part of this podcast, Deborah Britstone of 3D Solicitors and John Beggs KC of Serjeants Inn Chambers continue their exploration of the expectations of those in command of armed operations including pre-strike considerations and post-incident imperatives. 

In this first part of a two-part podcast, Deborah Britstone of 3D Solicitors and John Beggs KC of Serjeants Inn Chambers discuss the command of police operations.  In this first episode, they discuss the key considerations in planning and commanding armed operations and the main vulnerabilities of police commanders in any subsequent legal proceedings.

A psychologist, was accused of misconduct having retweeted and commented on social media posts which were critical of or disagreed with the Government's approach the Covid-19 pandemic. In light of this case, Daniel Berke and Mark Harries KC examine when a regulator may go too far in trying to limit the exercise of free speech and beliefs, and when it is appropriate to intervene.

Dijen Basu KC and Daniel Berke discuss how police officers can be more effective as witnesses in court, giving vital tips and insights on how to prepare and present evidence.

Deborah Britstone of 3D Solicitors and Alexander dos Santos of Serjeants Inn Chambers discuss the presentation of expert evidence in police misconduct cases and when it might be appropriate to ask a Panel to consider hearing the expert evidence concurrently, known as 'hot-tubbing'. 

Ashley Boroda www.ashleyboroda.com is an expert in connectivity. He advises police forces and other organisations on how to understand differences in people and their key characteristics to ensure that the right people are in the right roles to ensure the best provision of services and to avoid costly errors. Daniel Berke of 3D Solicitors met with Ashley to discuss his trailblazing ideas.  

Daniel Berke and Aaron Rathmell discuss a Supreme Court Judgement in ZXC v Bloomberg which held that, in general, a person under criminal investigation has, prior to being charged, a reasonable expectation of privacy in respect of information that relates to that specific investigation.

Daniel Berke and James Berry discuss guidance on workplace relationships when relationships should be declared, managing potential conflicts of interest, and the risk of disciplinary proceedings if guidance is not followed.

or Police Conduct – the IOPC - when the complaints engage certain mandatory criteria. Daniel Berke and Cecily White discuss the 2021 case of  R (Rose) v Chief Constable of Greater Manchester Police.

Frances McClenaghan and Deborah Britstone discuss the Supreme Court decision in Northern Ireland No 1,2 and 3 and the Human Rights Act 1998. The Supreme Court provided guidance on three key matters: the extent to which the investigative duty under Article 2/3 of the ECHR is engaged in pre-commencement deaths, when new evidence revives the investigative obligation and how the court assesses the independence of investigations.

Introduction: This is an update to Season 4 Episode 1. George Thomas and Deborah Britstone discuss updates in R (Miller) v College of Policing [2020] EWHC 225 (Admin), the case concerns tweets, posted by Mr Miller, considered to be offensive to transgender persons. Following police intervention, Mr Miller bought a claim for judicial review claiming the police actions were contrary to his right of freedom of expression at common law and amounted to an unlawful interference under his rights under Article 10.

Can police officers make complaints about officers? Can they raise conduct issues and what protections do they have as whistle-blowers? Daniel Berke of 3D Solicitors and Elliot Gold of Serjeants' Inn Chambers discuss these questions arising from a recent article in the Telegraph.

Deborah Britstone of 3D Solicitors and Joanne Kane of Serjeants Inn Chambers discuss the role of the police in enquiries under Section 47 of the Children Act 1989 and the issues associated with this legislation in the policing context. 

Giving evidence can be intimidating and worrying. Daniel Berke met with Gerry Boyle QC to discuss the circumstances in which police officers may be required to give evidence and to talk through tips and thoughts on how evidence can be given clearly, effectively, and helpfully in courts, inquests, and tribunals.

Honesty and integrity are traits that underpin the professions and the police. Professionals know that acts of dishonesty will almost always result in being barred from their profession by their regulator – this is particularly so within the legal and justice professions. Mark Harries QC and solicitor Daniel Berke discuss the case of Claire Matthews, a solicitor who was struck off for an alleged cover-up of loss of documents and the basis for her appeal.

Lauren Maires from 3D Solicitors and Dijen Basu QC discuss the case of a group of police officers who exchanged sexist, degrading, racist, antisemitic, homophobic, and disability-mocking messages while off off-duty in a WhatsApp group chat. They also posted crime scene photographs of their current investigations. No crime was committed in posting those messages and photos. The case came down to the question, was the WhatsApp group chat a private matter for the officers taking part, or could they be subjected to disciplinary action for their messages?

Barrister Elliot Gold met with Lauren Maires of 3D Solicitors to discuss recent High Court cases concerning misconduct proceedings within the Police arising from allegations of discriminatory behaviour.

In this podcast, Deborah Britstone of 3D Solicitors and Hannah Hinton of Serjeants Inn Chambers discuss the recent trial of Benjamin Monk, who was convicted by a jury of the manslaughter of Dalian Atkinson.  The podcast also covers the recent IOPC report on Taser use and the response of the NPCC to that report.

Receiving a letter to say that you may need to give evidence or provide evidence to a statutory public inquiry can be daunting for police officers – even more so if you risk facing criticism. Lawyers Daniel Berke and Alex dos Santos discuss how inquiries operate, the rules for inquiries, what it means to be a core participant and what to do if you receive a Salmon letter.

Daniel Berke and George Thomas discuss the different powers contained in the Anti-Social Behaviour, Crime and Policing Act 2014 to limit or prevent protests that have contained a strong religious or moral element and look at the extent to which courts are prepared to sanction the use of these powers in relation to types of activities that perhaps would not immediately spring to mind when the words ‘anti-social behaviour' are heard.

Daniel Berke and Aaron Rathmell discuss the principles which should be applied to investigations to avoid breaches of Article 2, the right to life – following the decision of Strasbourg in Tershana v Albania where failure adequately to investigate an acid attack against a woman amounted to a breach of the procedural obligation under Art 2.

Lawyers Daniel Berke and Aaron Rathmell discuss Y v Bulgaria where the European Court of Human Rights set out the minimum requirements for criminal investigations where a person has been subjected to ill-treatment contrary to Article 3.

 If concerns are raised that a person might be vulnerable to radicalisation, how long can a police force hold data about that person? Daniel Berke and barrister Rachael Gourley discuss the decision of The High Court in a recent case which held that the police’s continued retention of data of a sixteen-year-old was contrary to the Data Protection Act 2018 and Article 8. 

Daniel Berke and Dijen Basu QC discuss the case of an arrested person who sought to establish “the liberty of inebriated English subjects to be allowed to lie undisturbed overnight in their own vomit soaked clothing” by claiming the officer breached PACE and her right to privacy.

If a professional person facing disciplinary proceedings disputes the misconduct allegations and continues to do so even after a finding of gross misconduct, can the misconduct hearing conclude that the individual lacks insight and remorse – and impose a higher disciplinary sanction?  Deborah Britstone and Alexander dos Santos discuss a recent GMC case that considered this issue.

Dijen Basu QC and Daniel Berke meet again to discuss the use of automated facial recognition technology by the police. AFR is capable of scanning 50 face per second from a crowd but raises serious issues under Article 8 of the HRA, the right to privacy, following an appeal in the case of R (Bridges) v Chief Constable of South Wales Police & Information Commissioner.

Daniel Berke is joined by barrister Hannah Hinton to discuss the Modern Slavery Act with Debi Lloyd of Justice and Care, an international program that helps rescue victims of slavery and human trafficking

Deborah Britstone and George Thomas discuss a recent case arising out of the police response to someone tweeting his personal opinions about the transgender debate.

Over the last year or so there have been a number of cases reported in the media where police officers have faced misconduct proceedings because of messages sent on WhatsApp and other messaging apps. In this podcast, Deborah Britstone and James Berry, Serjeants Inn Chambers discuss the implications of these cases for officers who are involved in WhatsApp groups with their colleagues.

In this podcast, Deborah Britstone and Hannah Hinton, barrister from Serjeants Inn Chambers discuss Slavery and Trafficking Prevention and Risk Orders including how and why these Orders are used, the application process and the types of provisions that can be imposed.

Daniel Berke and family lawyer Katie McCann discuss the Covid-19 law and guidelines on childcare and access and what they mean for separated police officers during the lockdown.

Earlier this year, The Chief Constable of West Midlands Police successfully challenged a misconduct hearing panel's decision to impose a Final Written Warning (FWW), after an officer made racist remarks about a fellow officer. The decision confirmed that the High Court will be prepared to intervene where panels fail to follow the College of Policing's Guidance on Outcomes, and that misconduct involving discrimination will be treated especially seriously. In this podcast, Deborah Britstone, Solicitor discusses this case and its implications with Stephen Morley, Counsel, Serjeants Inn Chambers.

Lawyers Daniel Berke and Elizabeth Fox discuss a recent decision, where the High Court clearly affirmed that police misconduct hearing panels are able to put irrelevant and prejudicial matters out of their minds rather than having to recuse themselves and, just like civil courts and tribunals - that they are able to determine their own procedures.

In an update to their Season 1 podcast on ‘necessity to arrest’, Daniel Berke and Elliot Gold discuss recent cases which suggest the bar is now set high for the police when deciding if there is a necessity to arrest and about the importance of careful planning and recording.

Lawyers Hannah Hinton and Daniel Berke discuss why the indefinite retention by the police of DNA profiles, fingerprints and photographs of persons convicted of minor offences, without a possibility of review, constitutes an infringement of Article 8.

Forced marriage is illegal in the UK. Lawyers Elizabeth Fox and Daniel Berke discuss the approach to take in applying for forced marriage protection orders and how these can be used by the Police to tackle the crime of forced marriage.

Divorce and family law related proceedings can be highly emotive, complex and very difficult for all involved. Where there are assets including pensions to consider this makes it all the more complicated and legal advice is essential. In this podcast, Deborah Britstone discusses this and the impact of Covid-19 on family law proceedings with Katie McCann, a partner and head of family law at Knights Solicitors.

Coronavirus legislation and guidance has been introduced as part of a concerted effort across the whole of the UK to tackle the COVID-19 outbreak. In this podcast Solicitor, Deborah Britstone and Barrister, Elliot Gold discuss the “lockdown” legislation and its practical application.

The outbreak of Covid-19 has meant that we are all changing the way we work and making every effort to comply with social distancing guidance. In this podcast, Solicitor Deborah Britstone and Barrister Cecily White discuss the guidance issued by the Government and Courts/Tribunals and how this will work for police misconduct hearings.

Jon Holl-Allen QC and solicitor Daniel Berke discuss the basis for entitlement to ill-health police pensions and police injury awards and explore determinations of permanent disablement, how injuries may be deemed to have been sustained in the execution of duty and the legal tests and mechanisms for challenging an initial decision on pension entitlement.

The first claim anywhere in the World, concerning the use by police of automated facial recognition (“AFR”) technology has been heard by the Divisional Court. Automated Facial Recognition can match 50 faces per second, but its use has raised serious questions of human rights law. Dijen Basu QC and solicitor Daniel Berke discuss why, depending on the facts of each particular deployment, AFR is lawful. For more information, please also read Dijen’s blog https://www.ukpolicelawblog.com/index.php/9-blog/223-let-s-face-it-use-of-automated-facial-recognition-technology-by-the-police

The new Conduct and Complaints Regulations came into force in 2020 and introduced a move from blame to learning and reflection. In this episode, Solicitor Deborah Britstone and Barrister James Berry discuss the new Reflective Practice Review process which encourages officers to focus on their learning and development if things go wrong and how this will work for officers involved.

The Home Office described it as legislation that will shake up how complaints made against the police are handled and improve the discipline system for officers. The new Police Conduct Regulations, which came into effect on 1 February 2020, intend to ensure that complaints can be dealt with quickly, effectively and proportionately, not just for the benefit of the public but also for the police. In this first episode of Series 2, Solicitor Deborah Britstone and Barrister Elliot Gold discuss some of the key sections of the new Regulations.

Do police officers have a right to a private life? When can that right be interfered with? Are officers entitled to have a reasonable expectation of privacy? Is the interference with the right to a private life necessary and in the pursuit of a legitimate aim?In this podcast, Solicitor Deborah Britstone and John Beggs Queen’s Counsel examine the right to a private life and how far this extends to police officers both in respect of on duty and off duty conduct.

The Former Officer Regulations 2017 came into force on 15th December 2017. The Regulations have made a number of important changes to police misconduct procedures, allowing for misconduct investigations and proceedings that could have led to dismissal to be taken to their conclusion, notwithstanding the retirement or resignation of the police officer.Is a former officer required to engage with the investigation? Does the former officer have to attend a hearing? What are the implications if the Panel finds that a former officer would have been dismissed if he or she had still been serving?Solicitor Daniel Berke and Gerry Boyle Queen’s Counsel discuss the conditions under which these Regulations apply to former officers and their implications to those officers no longer serving.

In the year to March 2019, police forces in England and Wales recorded more than 47,000 offences involving knives: an 8% increase year on year and the highest total since records began. One way of trying to tackle this increase in violent crime is by the use of stop and search. Why is stop and search so controversial? What does the College of Policing Guidance define as appropriate use of stop and search powers? The Government has recently authorised enhanced stop and search powers as part of the efforts to crack down on knife crime. What are these enhanced powers? What are Knife Crime Prevention Orders and how will they be used in practice? In this podcast, Solicitor Deborah Britstone and Barrister James Berry discuss the powers available to police officers to stop and search and the circumstances in which these powers should be used.

Conducted energy devices or tasers, as they are better known, are one of a number of tactical options available to police officers when dealing with an incident with the potential for conflict. Serious consideration must be given by police officers before deploying taser in line with the National Decision Model. Solicitor Daniel Berke and Tom Crowther Queen’s Counsel discuss the recent High Court case of Gilchrist v Chief Constable of Greater Manchester Police and the importance of caution in the use of tasers by police officers.

The most common way for the police to obtain search warrants is by using s.8 of the Police and Criminal Evidence Act (‘PACE’). To do so, they must comply with the procedural rules set out in sections 15 and 16. This podcast examines the importance of officers taking care and precision in framing search warrant applications. Are search warrants granted too easily by Courts without sufficient scrutiny? If this is the case, does this leave search warrants open to challenge? Are there further requirements where the suspected offences concern the financial markets? How far does the duty of disclosure go? Is the Court entitled to view PII material?

Pre-Charge bail is an effective tool in the investigation of crime and to protect the public. Lawyers Daniel Berke and Elliot Gold discuss updated operational guidance from the National Police Chiefs' Council and how the rules are affecting policing.

Every police officer knows that they must have reasonable suspicion that a person has committed an offence in order to arrest them, but this is only one consideration. There must also be a reasonable belief in the necessity for arrest. Recent Court decisions have looked specifically at the necessity requirement. Lawyers Deborah Britstone and Cecily White discuss what this means for police officers.

In 2018, the Supreme Court upheld landmark victories for two victims of the serial sex offender John Worboys against the Met Police, in the case known as “DSD and NBV”. The claimants alleged that Met officers had breached Article 3 of the European Convention on Human Rights, by failing to investigate Worboys’ crimes properly and thereby failing to protect victims from “inhuman or degrading treatment” and hold the perpetrator to account. It was generally thought that police were “immune” from claims by individuals alleging “operational” failings in investigations. But the Supreme Court held that “obvious and significant shortcomings” can give rise to liability. When is an operational failing “obvious and significant”? How can investigators avoid such pitfalls? Solicitor Deborah Britstone and barrister Aaron Rathmell examine how this judgment affects the police.