Daniel Berke and Aaron Rathmell discuss the principles which should be applied to investigations to avoid breaches of Article 2, the right to life – following the decision of Strasbourg in Tershana v Albania where failure adequately to investigate an acid attack against a woman amounted to a breach of the procedural obligation under Art 2.
Lawyers Daniel Berke and Aaron Rathmell discuss Y v Bulgaria where the European Court of Human Rights set out the minimum requirements for criminal investigations where a person has been subjected to ill-treatment contrary to Article 3.
If concerns are raised that a person might be vulnerable to radicalisation, how long can a police force hold data about that person? Daniel Berke and barrister Rachael Gourley discuss the decision of The High Court in a recent case which held that the police’s continued retention of data of a sixteen-year-old was contrary to the Data Protection Act 2018 and Article 8.
Daniel Berke and Dijen Basu QC discuss the case of an arrested person who sought to establish “the liberty of inebriated English subjects to be allowed to lie undisturbed overnight in their own vomit soaked clothing” by claiming the officer breached PACE and her right to privacy.
If a professional person facing disciplinary proceedings disputes the misconduct allegations and continues to do so even after a finding of gross misconduct, can the misconduct hearing conclude that the individual lacks insight and remorse – and impose a higher disciplinary sanction? Deborah Britstone and Alexander dos Santos discuss a recent GMC case that considered this issue.
Dijen Basu QC and Daniel Berke meet again to discuss the use of automated facial recognition technology by the police. AFR is capable of scanning 50 face per second from a crowd but raises serious issues under Article 8 of the HRA, the right to privacy, following an appeal in the case of R (Bridges) v Chief Constable of South Wales Police & Information Commissioner.
Daniel Berke is joined by barrister Hannah Hinton to discuss the Modern Slavery Act with Debi Lloyd of Justice and Care, an international program that helps rescue victims of slavery and human trafficking
Deborah Britstone and George Thomas discuss a recent case arising out of the police response to someone tweeting his personal opinions about the transgender debate.
Over the last year or so there have been a number of cases reported in the media where police officers have faced misconduct proceedings because of messages sent on WhatsApp and other messaging apps. In this podcast, Deborah Britstone and James Berry, Serjeants Inn Chambers discuss the implications of these cases for officers who are involved in WhatsApp groups with their colleagues.
In this podcast, Deborah Britstone and Hannah Hinton, barrister from Serjeants Inn Chambers discuss Slavery and Trafficking Prevention and Risk Orders including how and why these Orders are used, the application process and the types of provisions that can be imposed.
Daniel Berke and family lawyer Katie McCann discuss the Covid-19 law and guidelines on childcare and access and what they mean for separated police officers during the lockdown.
Earlier this year, The Chief Constable of West Midlands Police successfully challenged a misconduct hearing panel's decision to impose a Final Written Warning (FWW), after an officer made racist remarks about a fellow officer. The decision confirmed that the High Court will be prepared to intervene where panels fail to follow the College of Policing's Guidance on Outcomes, and that misconduct involving discrimination will be treated especially seriously. In this podcast, Deborah Britstone, Solicitor discusses this case and its implications with Stephen Morley, Counsel, Serjeants Inn Chambers.
Lawyers Daniel Berke and Elizabeth Fox discuss a recent decision, where the High Court clearly affirmed that police misconduct hearing panels are able to put irrelevant and prejudicial matters out of their minds rather than having to recuse themselves and, just like civil courts and tribunals - that they are able to determine their own procedures.
In an update to their Season 1 podcast on ‘necessity to arrest’, Daniel Berke and Elliot Gold discuss recent cases which suggest the bar is now set high for the police when deciding if there is a necessity to arrest and about the importance of careful planning and recording.
Lawyers Hannah Hinton and Daniel Berke discuss why the indefinite retention by the police of DNA profiles, fingerprints and photographs of persons convicted of minor offences, without a possibility of review, constitutes an infringement of Article 8.
Forced marriage is illegal in the UK. Lawyers Elizabeth Fox and Daniel Berke discuss the approach to take in applying for forced marriage protection orders and how these can be used by the Police to tackle the crime of forced marriage.
Divorce and family law related proceedings can be highly emotive, complex and very difficult for all involved. Where there are assets including pensions to consider this makes it all the more complicated and legal advice is essential. In this podcast, Deborah Britstone discusses this and the impact of Covid-19 on family law proceedings with Katie McCann, a partner and head of family law at Knights Solicitors.
Coronavirus legislation and guidance has been introduced as part of a concerted effort across the whole of the UK to tackle the COVID-19 outbreak. In this podcast Solicitor, Deborah Britstone and Barrister, Elliot Gold discuss the “lockdown” legislation and its practical application.
The outbreak of Covid-19 has meant that we are all changing the way we work and making every effort to comply with social distancing guidance. In this podcast, Solicitor Deborah Britstone and Barrister Cecily White discuss the guidance issued by the Government and Courts/Tribunals and how this will work for police misconduct hearings.
Jon Holl-Allen QC and solicitor Daniel Berke discuss the basis for entitlement to ill-health police pensions and police injury awards and explore determinations of permanent disablement, how injuries may be deemed to have been sustained in the execution of duty and the legal tests and mechanisms for challenging an initial decision on pension entitlement.
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