Problem Category: The Police

Question 1

Duayne Brooks v Commissioner of Police of the Metropolis

Stephen Lawrence

Answer 1

• Facts? Friend of Stephen Lawrence suffered PTSD due to treatment by police.
• Principle? If duty imposed on police to take reasonable steps to ascertain if someone is victim, give appropriate support to witnesses and treat statements with reasonable care/attention, police time eaten up and resources diverted.

Question 2

Leach v Chief Constable of GLOUCESTER

Fred West

Answer 2

• Facts? Claimant witness to police interview. Sat in on interviews with Fred West (murder suspect). Suffered PTSD.
• Principle? No DOC to inform her of disturbing nature of case. Kind of person who could act as lay witness was wide and this would impose onerous burden on police.

Question 3

Rigby v Chief Constable of NORTHAMPTONSHIRE

CS canister & fire damage

Answer 3

• Facts? Police fired canister of CS spray into shop to flush out dangerous criminal. Shop caught on fire and shop owner sued for negligence.
• Principle? Where the negligence results from an operational error, police may owe a duty. Failing to have firefighting equipment was an operational failing and police should take care not to cause harm to individuals through negligent acts.
• More typical policy matters = prevention of crime, investigation, allocation of resources.

Question 4

Michael v Chief Constable of South Wales

ex-boyfriend death threats

Answer 4

Facts?
- C called police saying ex-boyfriend was at her house threatening to kill her. Call miscategorised by the police, did not respond in time, she died.

Principle?

• No DOC to respond to emergency call within reasonable time - floodgates.
• No proximity between C and police as person who answered call did not assume responsibility.