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searjants inn chambers uk police law blog about team serjeants' inn police team statutory materials other blogs serjeants' inn page pace codes of practice print email details written by elliot gold published: 28 september 2018 statutory materials the pace codes of practice are available on the office site, on a recently updated page. it states the most recent version of each code, together with previous versions of the codes and the dates they came into force. the page is here: https://www.gov.uk/guidance/police-and-criminal-evidence-act-1984-pace-codes-of-practice . covert surveillance and covert human intelligence sources codes of practice print email details written by elliot gold published: 25 september 2018 article 8 ripa surveillance statutory materials the office has issued revised guidance on the use of covert surveillance or human intelligence sources by public authorities under part 2 of the regulation of investigatory powers act (ripa) 2000. the codes of practice also provide guidance on entry or interference with property or wireless telegraphy by public authorities under section 5 of the intelligence services act 1994 or part 3 of the police act 1997. the link to the documents is here . pilot scheme to allow for protection orders to be served on a centralised police email address print email details written by elliot gold published: 24 september 2018 family civil orders statutory materials as we head into the next legal term, it is worth noting the pilot scheme that came into effect at the end of july 2018 when some lawyers were downing-tools for a short summer break. the family procedure rules has a new practice direction 36h, which sets up a pilot scheme to allow for the following protection orders to be served on the police at a centralised email address: - forced marriage protection order under family law act 1996 s63a; - fgm protection order under female genital mutilation act 2003 under sch 2, part 1, para 1(1). this applies to orders made in the high court or family court between 23 july 2018 and 25 january 2019. where the court makes a protection order, it must be emailed to the centralised email address created and monitored by the vulnerability coordination centre, namely this email address is being protected from spambots. you need javascript enabled to view it. . the link to the practice direction on the justice.gov.uk website does not work (it should be here ) but the law society have a pdf copy of it here . singapore court of appeal rejects uk supreme court on malicious prosecution print email details written by elliot gold published: 30 august 2018 as part of ‘dialogue’ with other common law jurisdictions, the court of appeal of the republic of singapore (singapore’s highest court) in tat development pte ltd v management corporation of grange heights strata title plan no 301 [2018] sgca 50 has declined to follow the uk supreme court on extending the tort of malicious prosecution to civil proceedings. the supreme court recently held by a slim margin of 5-4 in willers v joyce [2016] uksc 43; [2016] 3 wlr 477 that the tort of malicious prosecution be extended to cover the bringing of civil proceedings. this was a highly controversial decision attracting much academic comment. the singaporean court of appeal has expressly declined to follow it, adopting the reasoning of the minority in willers, in particular that of lords sumption and mance. although not strictly a police case, the judgment together with the two earlier cases that the supreme court sought to resolve - gregory v portsmouth city council [2000] ukhl 3; [2000] 1 ac 419 (hl) and crawford adjusters v sagicor general insurance (cayman) ltd [2013] ukpc 17, [2014] ac 366 delve deeply into the history of malicious prosecution and are an education as to the tort’s development and meaning. read more ... the qocs regime and ‘mixed' police claims print email details written by anthony searle published: 28 august 2018 civil actions costs the high court has held in commissioner of police of the metropolis v brown [2018] ewhc 2046 (admin) that qualified one-way costs shifting (‘qocs’) protection does not apply automatically in proceedings where a claimant is advancing both a claim for damages for personal injury and a claim other than a claim for damages for personal injury (a ‘mixed claim’). read more ... police misconduct office guidance 2018 print email details written by elliot gold published: 08 august 2018 misconduct statutory materials the office has published: - frequently asked questions on the barred and advisory lists; and - amended office guidance on police misconduct. the office states that the changes include: - further guidance on the regulations for former officers including whether they apply to cases of misconduct taken under conduct regulations issued prior to 2012 - clarification that police staff members who are under local probationary rules equivalent to regulation 13 of police regulations 2003 will not be included on the barred list - triggers and process for the advisory list have been made clearer and explanation of the process of automatic removal from the advisory list which exists for designated volunteers. https://www.gov.uk/government/publications/circular-0172018-updated--office-guidance-on-police-misconduct including acquitted allegations in an enhanced criminal record certificate print email details written by elliot gold published: 01 august 2018 article 8 enhanced criminal records certificates judicial review the supreme court in r (ar) v cc greater manchester police [2018] uksc 47 upheld the inclusion of information in an enhanced criminal record certificate (ecrc) that a person had been acquitted of rape. the judgment shows the importance of chief officers considering with great care the various factors in order to strike a fair balance between the rights of the individual applying for the ecrc as opposed to the wider rights of the community, including vulnerable persons. read more ... 999 calls: when do assurances of help give rise to a duty of care? print email details written by ian skelt published: 27 july 2018 duty of care the working assumption of most police lawyers is that a common law duty of care will not arise where call handlers tell 999 callers that the police will attend and assist. the judgment in sherratt v chief constable of gmp [2018] ewhc 1746 (qb) demonstrates that a more careful analysis is required. in this case, some fairly common and non-specific assurances were sufficient to give rise to a duty of care. read more ... no duty of care owed by employer to employees in the conduct of civil litigation print email details written by cecily white published: 25 july 2018 duty of care negligence civil actions the supreme court has held in james-bowen & ors v commissioner of police of the metropolis [2018] uksc 40 that the commissioner owed no duty to protect the economic and reputational interests of officers whose alleged misconduct formed the subject of a civil claim, which the commissioner had settled. the officers had been involved in executing the arrest of ba at ba's in december 2003. ba accused the officers of having assaulted and abused him, allegations which received widespread media coverage. he brought a civil claim against the commissioner, who was vicariously liable for the officers’ actions and who settled the claim with an admission of liability (relating to the officers’ alleged wrongdoing) and payment of compensation. the officers were not parties to the civil claim and had declined to give evidence at the trial due to fears for their own safety following the release of their identities into the public domain by the independent police complaints commission, now the independent office for police conduct . after the civil claim was settled, the officers were prosecuted in the crown court: a jury speedily acquitted them following disclosure of a probe in ba's which undermined his version of events. the o

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Domain Name: UKPOLICELAWBLOG.COM
Registry Domain ID: 1741161760_DOMAIN_COM-VRSN
Registrar WHOIS Server: whois.tucows.com
Registrar URL: http://www.tucowsdomains.com
Updated Date: 2018-06-29T09:09:00Z
Creation Date: 2012-08-28T15:14:24Z
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