POLICE
We act in high-profile and sensitive proceedings for most police forces across the UK, including cases which shape police law.
We also represent the National Crime Agency, the Independent Office for Police Conduct, Police and Crime Commissioners, policing bodies including the College of Policing and the National Police Chiefs’ Council, and private providers in the criminal justice service.
Our work for police and other clients includes:
- the public inquiries into the Southport and Nottingham killings, Undercover Policing, Child Sexual Abuse, the Manchester Arena bombing, the Salisbury poisonings, and the government’s response to Covid-19;
- inquests touching the deaths of Gaia Pope-Sutherland, Sabina Rizvi, Nicola Bulley, Kelvin Bainbridge, Jalal Uddin, the victims of the Stephen Port murders, the Keyham shootings, Guildford pub bombings, Croydon tram derailment, and the three recent London terrorist attacks;
- civil and human rights claims, such as Robinson, the ‘Gatwick drone’ case, Goodenough, Barrymore/Parker, HD, CJ & PJ, Woodcock, and ABC, as well as the Tate brothers POCA proceedings;
- the judicial reviews concerning Public Order Act powers in the context of various major climate change protests, and the full range of police decisions including Balkwell and W80;
- the Austin, Laporte, Griffiths and MLIA human rights challenges and the ECtHR decision in Pal v UK;
- RIPA and information law cases including Dias, Re QM, Re M and McCaffrey/Birney;
- advising on the national policing of the lockdown regulations, ‘Right Care Right Person’, drafting the National Public Order Advice and advising on the Israel and Palestine protests and other major public order operations;
- whistleblowing and discrimination cases including Hextall and Eckland; and pay and pensions cases, including Boskovic, Corsham, Prior, Major and Squire;
- vetting and probation cases including Victor, Watson, Barnes and Di Maria;
- cases touching on police use of powers, including Alger (necessity of arrest), Afriyie (police use of tasers), and Norman v Adler (search warrants);
- high-profile misconduct proceedings, including those concerning the Couzens and Coleraine WhatsApp groups, Carrick, Summerill, dos Santos, ‘Child Q’, Apter and Adderley, the IOPC’s first independently presented case, and numerous appeals from and judicial review challenges to misconduct decisions (including Superintendent Robyn Williams and Commander Julian Bennett);
- proceedings in Northern Ireland, including Re JR296 and Monaghan.
We draw on our complementary expertise, for example in Employment, Pensions, Public Law and Business and Specialist Crime. Many of our team are recognised as specialists in their field, as well as excellent jury and panel advocates.
We have specialist police barristers at every level of call: 35 of our 51 police practitioners are ranked as a leader in their field by the Legal 500 and/or Chambers & Partners. We are rated as a band one set for police work by both legal directories and members of the team have won numerous individual awards.
Our team, led by James Berry KC and Cecily White, includes 15 police law silks and is distinguished by:
- first, our cutting-edge understanding of police law. We know that police clients need effective solutions, applying often complex and developing law in difficult situations;
- second, our robust defence of our clients’ interests. We are committed to providing our clients with the defence to which they are entitled, in accordance with their public duty; and
- finally, our excellence in advocacy and trial tactics, having regard to the politics of the situation, public confidence and the media. Our advocacy is distinct, impressive and we get results.
We are also acknowledged for our approachable and flexible style. We understand the pressures police forces and their legal advisors are often under and offer a “one-stop shop” across numerous different areas of law.
Our barristers have day-to-day experience of police law in all its forms: judicial review, civil and human rights claims, inquests and inquiries, misconduct proceedings, RIPA and information law, operational policing matters encompassing public order and warrants and firearms, policy issues, pensions and employment work including vetting, and the full range of civil preventative orders.
Our work in the police sector is complemented by our experience representing other emergency and security services; prison operators; health and social care providers; and insurers.
Our police publications include Police Misconduct, Complaints and Public Regulation, Blackstone’s Police Manual and Public Order: Law and Practice and you can follow:
Please do contact a member of our clerking or client care teams for further details or to discuss how we might be able to assist you on 0207 427 5000.
Civil Applications
Members of the Police Team appear in the full range of civil restraining orders including ASBOs, SOPOs, ROSHOs, FBOs, DBOs, VOOs and Closure Orders. We also appear in applications under POCA. We are particularly experienced in appeals to the Crown Court and challenges by way of judicial review or case stated. We appear in proceedings under the Firearms Act 1968 including firearms licensing appeals. We also deal with matters under the Police Property Act and Licensing hearings involving the police.
Civil Actions
We have experience of acting in the full range of civil litigation involving the police including actions in assault and battery, false imprisonment, malicious prosecution, misfeasance in public office, breach of confidence and negligence. We have particular expertise in claims brought under s.6 of the Human Rights Act 1998 or other claims where human rights arguments are raised.
Operational Advice
We are trusted advisors to the police service (and other law enforcement agencies) on sensitive operational matters. We are often asked to provide advice on an urgent basis by telephone. Areas we have advised on recently are the policing of public order operations, firearms operations and covert operations engaging the Regulation of Investigatory Powers Act 2000 (RIPA) and associated legislation.
Discipline
We have unrivalled experience of prosecuting and defending at police misconduct and performance hearings and at appeals to the PAT. We have been involved in many of the judicial review challenges to police disciplinary decisions. We deal with officers and staff of all ranks and in recent years have advised and acted for officers and Police Authorities (now PCCs) in cases involving chief officers.
Judicial Review
We advise and appear in judicial review challenges against the police in a whole range of areas including public order, sufficiency of investigations, discipline, pensions, disclosure and human rights.
Pensions
Members of the Police Team are expert in the complex and ever changing area of police pensions and retirement including on grounds of ill health. We have appeared in many of the most significant judicial review challenges in this field.
Employment
Many members of the Police Team are also employment law experts and appear in the Employment Tribunal and the High Court in claims brought by police officers and staff for all forms of discrimination and whistleblowing and by police staff for unfair dismissal.
Inquests & Inquiries
We have appeared in many of the most high profile Inquests and Public Inquiries involving the police including the Deepcut Inquest and the Undercover Policing Inquiry. We have particular expertise in inquests into deaths following police shootings, restraint by police officers and where the deceased had mental health issues (a number of our team are mental health law experts).
24 Hour Urgent Advice
Our Police team provides a 24 hour service, 365 days a year to arrange for urgent advice and representation on applications including injunctions. For more details about our emergency service please click here.
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