Andrew Steel (Partner) and Dan Millward (Associate) from the Police Law Team at Plexus have contributed an ‘On the Case’ article for the Feb 2021 edition of stronger. On the case was published in the February 2021 edition of stronger, ALARM’s member journal. ALARM is a membership organisation run by members, for members, supporting risk professionals that support our communities and citizens. For more information, please visit alarmrisk.com.
The article covers two recent cases:
What happens in a taxi should stay in a taxi
Pile v Chief Constable of Merseyside Police  EWHC 2472 (QB)
This decision explores the right of a detained person to remain in soiled clothing and includes a review of the interpretation of Section 54 of the Police and Criminal Evidence Act 1984 (PACE) and Article 8 of the European Convention on Human Rights (ECHR).
‘Credible suggestion’ of breach required Article 2 inquest,with no challenge to a criminal conviction at a ‘fresh’ inquest
R (Skelton) v Senior Coroner for West Sussex and the Chief Constable of Sussex Police & Robert Trigg (Interested Parties)  EWHC 2813 (Admin)
This case reviews the threshold for ‘arguable breaches’ in investigations and the level of ‘seriousness’ required for Article 2 of the Human Rights Act 1998 inquests. Article 2 inquests are enhanced inquests held in cases where the state or ‘its agents’ have ‘failed to protect the deceased against a human threat to life’.
This case also gives guidance on inquests prior to and following criminal investigations, including the impermissibility of challenges to convictions at a ‘fresh’ inquest.
To view/download the full On the Case article as a PDF please click here.