R (RD) v Justice Secretary [2020] EWCA Civ 1346 – CrimeCast.Law

‘This was the second of a pair of recent cases which suggest that police officers and those who aspire to be police officers are held to a higher standard than the general public whom the police are sworn to protect. I discussed yesterday R v Luckett (Michael David) [2020] EWCA Crim 565, which illustrated the approach taken by the Criminal Division of the Court of Appeal to the sentencing of offences of misconduct in a public office by serving police officers. The case of R (RD) v Justice Secretary addresses the rigorous disclosure requirements imposed on those who apply to become police constables or police cadets. It prompted the Civil Division of the Court of Appeal to consider the application of Article 8(2) of the European Convention on Human Rights to candidates for the police service – specifically whether the current regime for the rehabilitation of offenders and for the disclosure of convictions, cautions and reprimands is in accordance with law and necessary in a democratic society …’

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CrimeCast.Law, 30th November 2020

Source: crimecast.law

What really happened to Edson Da Costa? – The Guardian

‘He was 25, a father and a car mechanic. Five minutes after being stopped by police on 15 June 2017, he was lying unresponsive on the ground. After an inquest and inquiry, family and friends are still fighting for justice’

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The Guardian, 29th November 2020

Source: www.theguardian.com

R v Luckett (Michael David) [2020] EWCA Crim 565 – CrimeCast.Law

‘“This was one of a pair of recent cases, which tend to suggest that police officers and those who aspire to be police officers are still held to a higher standard than the public they are sworn to protect. It was a sentencing appeal following a plea of guilty by a former police officer, who had made use of information gathered in the course of investigating a drink driving offence to get in touch with the defendant and subsequently enter into a long-term personal relationship with her. He resigned from the police and pleaded guilty to misconduct in a public office. His appeal against the sentence prompted the Court of Appeal to refer to earlier authorities on sentencing for misconduct in a public office by serving police officers and gave the court an opportunity to emphasise the gravity of the offence, whilst at the same time proving that the quality of mercy is not strained …”’

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CrimeCast.Law, 26th November 2020

Source: crimecast.law

Jeremy Corbyn to start legal action over suspension of Labour whip – The Guardian

‘Jeremy Corbyn is to start a formal legal claim against the Labour party for suspending the whip, in a case which allies of the former Labour leader say is intended to prove there was a deal with Keir Starmer’s office to readmit him to the party.’

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The Guardian, 26th November 2020

Source: www.theguardian.com

Police officer sacked after scanning carrots to buy doughnuts – The Independent

Posted November 27th, 2020 in disciplinary procedures, news, police, professional conduct by tracey

‘A police officer who scanned a barcode for carrots worth 7p to purchase a £9.95 box Krispy Kreme doughnuts has been sacked for gross misconduct.’

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The Independent, 26th November 2020

Source: www.independent.co.uk

A non-sexually motivated sexual assault?: GMC v Haris [2020] EWHC 2518 (Admin) – 2 Hare Court

‘Dr Haris faced allegations from two patients that he had conducted non-clinically indicated, intimate examinations without consent. He asserted forcefully that the alleged conduct simply never happened – and also called additional evidence to support his position that he was asexual.’

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2 Hare Court, 5th November 2020

Source: www.2harecourt.com

Police officers and the use of force – are we really all missing the point?: R (Officer W80) v Director General of the Independent Officer for Police Conduct [2020] EWCA Civ 1301 – 2 Hare Court

‘The Court of Appeal has recently delivered an interesting and potentially very significant judgment in the case of Officer W80. The case concerned the use of force by a police officer and whether misconduct proceedings could subsequently be instituted against him on the basis of his honestly held but mistaken belief.’

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2 Hare Court, 5th November 2020

Source: www.2harecourt.com

Robing room bullying – Counsel

Posted November 4th, 2020 in barristers, bullying, codes of practice, news, professional conduct by tracey

‘Rudeness in the robing room, sledging tactics and the unkindness of strangers when you’re newly called. Rehna Azim talks about bullying at the Bar and what you can do about it.’

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Counsel, November 2020

Source: www.counselmagazine.co.uk

Stephen Lawrence murder: CPS asked to consider new charges against police – The Guardian

‘Prosecutors are to be asked to consider whether to bring new charges in the Stephen Lawrence case against senior police officers in the first botched murder investigation, it has been announced.’

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The Guardian, 3rd November 2020

Source: www.theguardian.com

Use of force by police: what is the standard for determining misconduct? – UK Human Rights Blog

‘The Court of Appeal has delivered a judgment in R (Officer W80) v Director General of the Independent Officer for Police Conduct [2020] EWCA Civ 1301 regarding the applicable conduct standard and provisions governing police in cases of use of force.’

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UK Human Rights Blog, 28th October 2020

Source: ukhumanrightsblog.com

Dementia patient restrained by security guards 18 times to be forcibly treated – Daily Telegraph

‘A dementia patient was restrained by security guards 18 times so he could be forcibly treated, as experts warn the case is “shocking and extreme”.’

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Daily Telegraph, 14th October 2020

Source: www.telegraph.co.uk

Revealed: fewer than one in 200 complaints against Met unit upheld – The Guardian

‘Fewer than one in 200 complaints made against the division of the Metropolitan police responsible for public order policing over the last decade have been upheld, figures obtained by the Guardian suggest.’

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The Guardian, 15th October 2020

Source: www.theguardian.com

High Court upholds order to stop barrister from acting – Legal Futures

‘The High Court has upheld a highly unusual order prohibiting counsel from continuing to act for the father in a bitter child custody dispute because of acrimony between her and the mother.’

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Legal Futures, 14th October 2020

Source: www.legalfutures.co.uk

Barristers on AG panels “should consider resigning”, says top QC – Legal Futures

‘One of the country’s leading QCs has suggested that barristers on the Attorney General’s panels should consider resigning in protest at the government’s hostility to the law and lawyers.’

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Legal Futures, 13th October 2020

Source: www.legalfutures.co.uk

Jermaine Baker: Firearms officer can face proceedings – BBC News

‘An officer who killed a man during a foiled attempt to free two prisoners can face misconduct proceedings, the Court of Appeal has ruled.’

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BBC News, 10th October 2020

Source: www.bbc.co.uk

Met police restraint contributed to death of mentally ill man, jury finds – The Guardian

‘The police’s inappropriate use of restraints on a mentally ill man contributed to his death, an inquest jury has found.’

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The Guardian, 9th October 2020

Source: www.theguardian.com

Hillsborough trial of three men delayed again – BBC News

‘The trial of two former police officers and a police solicitor accused of altering police statements after the Hillsborough disaster has been delayed.’

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BBC News, 8th October 2020

Source: www.bbc.co.uk

Watchdog investigates Met officers over Bianca Williams’ treatment – The Guardian

‘Five police officers are under disciplinary investigation after they stopped and handcuffed the British athlete Bianca Williams and her partner, the police watchdog has announced.’

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The Guardian, 8th October 2020

Source: www.theguardian.com

Private hospital company was unaware of concerns the top surgeon was hoarding bones – The Independent

Posted October 7th, 2020 in doctors, hospitals, medical ethics, medical treatment, news, professional conduct by tracey

‘The former owners of a private hospital where hip surgeon Derek McMinn carried out thousands of operations on patients was only told about concerns he was hoarding bones and tissue without proper permission last week – a year after an internal investigation suggested they should be told. Nuffield Health, which runs more than 30 hospitals, told The Independent it was unaware of any issues related to Prof McMinn until reports of his alleged behaviour last week.’

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The Independent, 6th October 2020

Source: www.independent.co.uk

Defence QC’s accusation against prosecutor was not misconduct – Legal Futures

‘A QC who accused prosecution counsel of bad faith without reasonable grounds was in breach of Bar Standards Board rules but not to the level of professional misconduct, a tribunal has ruled.’

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Legal Futures, 25th September 2020

Source: www.legalfutures.co.uk