POLICE OFFICERS

December 14, 2018

A member of a group under police surveillance who had entered into a sexual relationship with an undercover police officer was unable to establish that her lack of knowledge as to the officer’s true identity vitiated her consent to sexual relations within the meaning of the Sexual Offences Act 2003 s.74. There was no justification for extending the common law position as contended for by the claimant, namely that the matter to which the deception related had to be sufficiently serious in objective terms as to be capable of being regarded as relevant to a woman’s decision-making and that, subjectively, the deception went to a matter which the woman regarded as critical or fundamental to her decision-making.

CONSENT CRIMINAL LAW CRIMINAL PROCEDURE DECISIONS TO PROSECUTE MISCONDUCT IN PUBLIC OFFICE POLICE POLICE OFFICERS PROCURING INTERCOURSE RAPE

July 23, 2014

Where the failure by police to conduct an effective investigation into allegations of rape had been held to amount to breaches of the Human Rights Act 1998 and the ECHR art.3, the victims of the rapes were entitled to a financial remedy for harm caused by the police failings on top of sums received in civil claims for the harm caused by the rapes. The court examined the statutory framework, relevant legal principles, previous authorities, and the existence of alternative remedies, and awarded sums of £22,250 and £19,000 respectively.

APPLICABLE PRINCIPLES Art.4(1) ASSESSMENT OF DAMAGES DUE TO VICTIMS DAMAGES DUTY TO UNDERTAKE EFFECTIVE INVESTIGATION EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.3 FAILURE TO PROPERLY INVESTIGATE ALLEGATIONS OF RAPE HUMAN RIGHTS HUMAN RIGHTS ACT 1998 s.8 MEASURE OF DAMAGES POLICE POLICE OFFICERS RAPE REMEDIES s.6 s.6(1) s.7 s.8(3)(a) s.81 s.83 s.84

July 29, 2009

The presence of a serving police officer on a jury in a criminal trial had not compromised the fairness of that trial because, although the case involved allegations of improper police conduct in relation to offences admitted as evidence of propensity, it did not involve a dispute of evidence between defence and police witnesses, and the officer serving on the jury could not be said to have been biased.

ABUSE OF PROCESS BIAS CASE INVOLVING ALLEGATIONS OF IMPROPER CONDUCT BY POLICE CHILD SEX OFFENCES CRIMINAL PROCEDURE EFFECT ON FAIRNESS OF TRIAL FAIRNESS JURORS POLICE OFFICERS RAPE SERVING POLICE OFFICER ON JURY

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