Legal Protection Insurance for Police Officers
| Author | Alan Beckley |
| DOI | 10.1177/0032258X9506800405 |
| Published date | 01 October 1995 |
| Date | 01 October 1995 |
| Subject Matter | Article |
ALAN BECKLEY, LLB*
Chief
Inspector, Operations, West Mercia Constabulary, UK
LEGAL PROTECTION
INSURANCE FOR POLICE
OFFICERS
BELT
AND
BRACES OR PRUDENTPROTECTION?
Introduction
Policing operations are risky ventures. The very nature
of
the
jobs
police
do every day of the week exposes them to the possibility of, at the least,
criticism from members of the public, to, at the worst, allegations of civil
or criminal infractions. Society is becoming increasingly regulated and
subject to a bewildering array of ever-increasing legislation both national
and European. Common law powers and ancient checks on the behaviour
of people are becoming codified into statutes as our lives become bound
by tight rules in order that harmonious relations can be maintained.
Because
of
the voluminous proportions of legislation, it is becoming
increasingly difficult not only to remember or have a working knowledge
of the criminal law, but to stay on the right side of it.
As police officers wield the escalating formidable arsenal of powers
which a government, intent on vanquishing crime and disorder, bestows
there is inevitable conflict with members of the public.
It
is not surprising
therefore that police officers frequently find themselves the subject of
complaints or civil litigation. This article wi11look at what protection
police officers have against such attacks.
History
Prior to 1964, police officers stood personally liable for civil law actions
against them. However, the effect of
sA8
of the Police Act 1964 was to
place all constables under the legal protection of their chief officer of
police in civil proceedings. It is important to note that
sA8
specifies
liability "in respect of torts" only. A tort is a "civil wrong" which covers
the general areas of the law relating to: trespass to the person; negligence;
defamation; trespass to land; nuisance; interference with goods; and other
miscellaneousitems. The exact extent ordefinition ofthe torts encompassed
by
sA8
is not defined in the Act; a fact which has been mentioned in at least
one decided case.'
However, subsequent guidance from the Home Office brings in other
categories (see the heading "Cases other than Tort", below) of legal
Written in conjunction with the Police Research Group, Home Office. The views
expressed in the article are those of the author and not necessarily those of the author's
force or the Home Office.
October 1995 The Police Journal 319
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