Recent Judicial Decisions
| Date | 01 October 1999 |
| Author | Rob R. Jerrard |
| DOI | 10.1177/0032258X9907200411 |
| Published date | 01 October 1999 |
| Subject Matter | Article |
ROB R. JERRARD, LLB, LLM
Legal Correspondent for The Police Journal
RECENT JUDICIAL DECISIONS
Duty to Come to Aid
of
Fellow Officer
Costello
v.
ChiefConstable
of
Northumbria Police Court of Appeal
(1998) The Times. December 15
The facts
WPC Costello had taken into custody a young woman who had
absconded from local authority care. Accompanied by Inspector Bell.
she had taken the prisoner to a cell. and the prisoner had attacked her.
Inspector Bell had done nothing. Hearing her screams. another officer
had given assistance. but not before WPC Costello had been injured.
No general duty
of
care
For public policy reasons the police were under no general duty of care
to members of the public for their activities in the investigation and
suppression of crime: Hill
v.
ChiefConstable
of
West Yorkshire [1989]
1 AC 53. But that was not an absolute blanket immunity and
circumstances might exceptionally arise when the police assumed a
responsibility. giving rise to a duty of care to a particular member of the
public.
Duty
of
care to respond to emergencies
Neither the police nor other public rescue services were under any
general obligation. giving rise to a duty of care. to respond to
emergency calls (Alexandrou
v.
Oxford [1993] 4 All ER 328) nor if they
did respond were they to be held liable for want
of
care in any attempt
to prevent crime or effect a rescue.
But if their own positive negligent intervention directly caused
injury which would not otherwise have occurred or if it exacerbated
injury or damage there might be liability: see Capital and Counties pic
v.Hampshire County Council [1997] QB 1004.
Just as circumstances might occur in which a police officer assumed
responsibility in particular circumstances to a particular member of the
public not to expose a member of the public to a specific risk of injury.
so a police officer might in particular circumstances assume a similar
responsibility to another police officer.
If
a police officer tried to protect a member of the public from attack
but failed to prevent injury to the member of the public. there should. in
his Lordship's view,generally be no liability in tort on the police officer
for public policy reasons. In the circumstances liability should not tum
on shades of personal judgment and courage in the heat
of
the moment.
352 The
Police
Journal October1999
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