Judicial Review — How the Police are Helping with Their Own Inquiries: Part Two
| Author | Alan Beckley |
| DOI | 10.1177/0032258X9707000213 |
| Published date | 01 April 1997 |
| Date | 01 April 1997 |
CHIEF INSPECTOR ALAN BECKLEY, LLB
West Mercia Constabulary
JUDICIAL REVIEW -HOW THE
POLICE ARE HELPING WITH
THEIR OWN INQUIRIES: PART TWO
This article. which is divided into three parts. examines cases decided by
judicial review in which police officers have participatedas plaintiffs and
defendants. When the cases are viewed as a whole. it appears that the
police have played asignificant role in developing this area
of
the law.
whether they have been willing or unwilling litigants. Part One examined
legal procedures and principles. Overall, the cases have determined
substantial areas
of
civil liberty law and have given guidelines on the
power and authority
of
police forces and individual police officers.
PUBLIC
INTEREST
IMMUNITY
AND
THE POLICE
Introduction
The police service in England and Wales has proved itself to be a secretive
organization, resisting legal processes and inquiries into its activities on
the grounds of confidentiality or Crown privilege. There have been many
instances where the courts have been asked to examine the secrecy
surrounding the police service, and supervise legal processes to secure
fairness and equity for all parties to legal actions. Supervision by the courts
has been found necessary to ensure that the extreme power of the police
is appropriately balanced against the rights of the individual to safeguard
that all citizens may avail themselves of natural justice. Indeed, when
studying the subject of public interest immunity it may suffice the student
of law to study only cases in which police officers are named as plaintiffs
or defendants, as there have been a plethora of such cases. Certainly, the
majority of the principles of law on this subject will be found by studying
such cases; this article will therefore concentrate on cases in this category.
A major area of the law where "police cases" have played their part in
forming the law is that of public interest immunity. The police are
apparently scrupulous in keeping the confidentiality of documents in their
possession paramount. This policy has been found by the court to be
justified on occasions, but more frequently, it has been found to have been
unjustified. The findings have occurred relating to documents in general
policing matters and also specific to the police complaints procedure. In
the last 30 years, because of the profusion of cases against the police in this
subject, the principles of the law have changed considerably. A selection
of the most influential cases will follow, showing their effects on pre-
existing principles, and the assignment will conclude with the state of the
law at present. The cases are in chronological but not necessarily subject
order, so that development of the principles of law can be seen to evolve.
April 1997 The Police Journal 163
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