Court rules against post-incident conferring challenge
19th December 2014
The Court of Appeal sat as a first instance Judicial Review Court for this case, (On the application of Duggan & Delezuch) v The IPCC / ACPO and Chief Constable of Leicestershire. It arose out of the controversial shooting of Mark Duggan which sparked the London riots of 2011 and was linked with a similar legal challenge following a fatality in Leicestershire.
The claimants were seeking a change in national policing policy requiring any officer involved in or witnessing a fatality during or following contact with police to be immediately separated and held incommunicado until the arrival of the IPCC. The challenges were brought under Article 2 of the ECHR and the hearing involved historical analysis of various iterations of the ACPO guidance, together with consideration of policing practice and jurisprudence from Europe, the USA, Canada and Australia.
Judgement was handed down on 19.12. 14, the court finding for the defendants.
John Beggs QC led James Berry on behalf of the College of Policing (formerly Association of Chief Police Officers – ACPO). Gerry Boyle, the only non silk representative in the case, acted on behalf of the Chief Constable of Leicestershire.
It generated national TV and press coverage.
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