Civil actions against the police

목차 (Table of Contents)

• CONTENTS
• Foreword by Lord Justice Simon Brown = ⅴ
• Preface = ⅵ
• Short Contents = ⅸ
• Long Contents = ⅹ
• Table of Cases = xxiv
• Table of Statutes = lxxviii
• Table of Statutory Instruments = xciii
• Rules of the Supreme Court = xcv
• Table of Civil Procdure Rules = xcv
• Table of European Materials = xcvii
• Introduction : policing and the citizen
• THE PURPOSE OF THE BOOK = Ⅰ-001
• LAW AND ORDER, TERRORISM AND POLICE POWERS = Ⅰ-003
• The crime wave = Ⅰ-003
• Approaches to policing = Ⅰ-005
• Policing methods = Ⅰ-009
• Terrorism = Ⅰ-014
• THE POLICE AND CIVIL RIGHTS = Ⅰ-015
• CONTROLLING THE POLICE = Ⅰ-024
• CIVIL ACTIONS AGAINST THE POLICE = Ⅰ-038
• THE STRUCTURE OF THE BOOK = Ⅰ-048
• Chapter 1 : The legal status and organisation of the police = 1-001
• INTRODUCTION = 1-005
• OFFICE, DUTIES AND POWERS OF THE CONSTABLE = 1-005
• Introduction = 1-005
• The office of constable = 1-009
• The "independence" of the constable = 1-013
• The duties of the constable = 1-016
• The nature of police powers = 1-020
• THE ROLE OF NON-POLICE PERSONNEL = 1-030
• Introduction = 1-030
• Types of personnel = 1-031
• The powers of designated officers and accredited persons = 1-035
• THE INSTITUTIONAL FRAMEWORK = 1-041
• Introduction = 1-041
• The functions of chief officers = 1-042
• The functions of police authorities = 1-046
• The functions of the Secretary of State = 1-056
• THE VICARIOUS RESPONSIBILITY OF CHIEF OFFICERS = 1-062
• Introduction = 1-062
• Vicarious liability and the law of tort = 1-067
• Vicarious liability and police civilians = 1-074
• Vicarious liability and special bodies of constables = 1-076
• Agency and the police = 1-078
• ALLOCATING RESPONSIBILITY BETWEEN POLICE FORCES = 1-081
• Introduction = 1-081
• Arrests = 1-082
• Detention = 1-087
• Chapter 2 : Complaints against the police
• INTRODUCTION = 2-001
• Background = 2-001
• The new complaints system = 2-004
• Contents of chapter = 2-006
• THE CURRENT COMPLAINTS SYSTEM = 2-007
• General = 2-007
• Referrals to the Police Complaints Authority = 2-012
• Post-investigation stage = 2-017
• THE INDEPENDENT POLICE COMPLAINTS COMMISSION = 2-021
• Functions and powers = 2-021
• Disclosure = 2-023
• Outline of the system = 2-029
• Direction and control matters = 2-037
• MAKING AN ALLEGATION OF MISCONDUCT = 2-038
• Introduction = 2-038
• Complaints = 2-041
• Conduct matters = 2-049
• Complaints against senior officers = 2-054
• Referral to IPCC = 2-055
• COMPLAINTS PROCEDURE = 2-068
• Introduction = 2-068
• Local resolution = 2-070
• Investigation of complaints = 2-077
• Acting on investigating officer's report = 2-080
• "Double jeopardy" = 2-085
• Appeals by complainants = 2-096
• COMPLAINTS AND CIVIL ACTIONS = 2-100
• Chapter 3 : Practice and procedure
• INTRODUCTION = 3-001
• BEGINNING AN ACTION = 3-004
• Introduction = 3-004
• Civil actions and criminal proceedings against the claimant = 3-007
• Civil actions and criminal proceedings against the police = 3-015
• Intial steps = 3-016
• STATEMENTS OF CASE = 3-040
• Introduction = 3-040
• The particulars of claim = 3-041
• The defence = 3-051
• Reply = 3-053
• Request for further information = 3-054
• DISCLOSURE = 3-056
• General = 3-056
• Privilege and public interest immunity = 3-059
• Documents in police cases = 3-073
• Disclosure by third parties = 3-076
• INTERIM MATTERS = 3-077
• Introduction = 3-077
• Striking out statements of case = 3-078
• Summary judgement = 3-079
• Mode of trial = 3-081
• Expert evidence = 3-088
• Other case management matters = 3-089
• TRIAL PROCEDURE = 3-093
• Introduction = 3-093
• Preliminary applications = 3-095
• Empanelling the jury = 3-100
• The claimants' case = 3-104
• Submission of no case to answer = 3-117
• The defendant's case = 3-120
• Obtaining a verdict form the jury = 3-121
• Costs = 3-147
• APPEALS = 3-149
• Introduction = 3-149
• interim appeals = 3-150
• Appeals in jude-only cases = 3-151
• Appeals from "july cases" = 3-155
• Chapter 4 : Intentional torts to the person
• INTRODUCTION = 4-001
• ASSAULT AND BATTERY = 4-004
• Definition of battery = 4-004
• Battery : the nature and character of the defendant's act = 4-006
• Battery : the defendant's state of mind = 4-014
• Assault = 4-020
• The relationships with criminal proceedings = 4-024
• FALSE IMPRISONMENT = 4-034
• Definition = 4-034
• The nature and character of the defendant's act = 4-035
• The defendant's state of mind = 4-043
• The claimant's state of mind = 4-044
• The liability of a third party for an arrest by a police officer = 4-045
• False imprisonment and wrongful arrest = 4-049
• The distinction between false imprisonment and malicious prosecution = 4-051
• OTHER INTENTIONAL TORTS AFFECTING THE PERSON = 4-053
• Harassment = 4-053
• Intimidation = 4-059
• Intentionally causing nervous shock = 4-065
• GENERAL DEFENCES TO TRESPASS TO THE PERSON = 4-069
• Introduction = 4-069
• The claimant is a wrongdoer = 4-072
• Consent = 4-076
• Self-defence and related purposes = 4-077
• Inevitable accident = 4-084
• Necessity = 4-085
• Preventing a breach of the peace = 4-086
• Effecting an arrest r preventing a crime = 4-093
• LIMITATION = 4-096
• Chapter 5 : Police powers over th person : arrest, detention and other miscellaneous powers
• INTRODUCTION = 5-001
• DETENTION SHORT OF ARREST, STOP AND SEARCH = 5-003
• Introduction = 5-003
• Stopping for questioning = 5-004
• The statutory powers to stop and search = 5-007
• Stop and search and the European Convention on Human Rights = 5-024
• ARREST : DEFINITION AND REASONS AND PROCEDURE = 5-027
• The definition of arrest = 5-027
• Effecting an arrest = 5-028
• The obligation to give reasons for an arrest = 5-031
• Procedure on arrests outside the police station = 5-042
• ARREST WITHOUT WARRANT Ⅰ : ARRESTABLE OFFENCES AND REASONABLE GROUNDS = 5-048
• Introduction = 5-048
• The definition of an arrestable offence = 5-050
• The power to make an arrest for an arrestable offence : constables and citizens = 5-054
• The lawfulness of an arrest for an arrestable offence = 5-060
• Note : suspicion and belief = 5-088
• Arrest without warrant and the European Convention on Human Rights = 5-091
• ARREST WITHOUT WARRANT Ⅱ : GENERAL POWERS OF ARREST, ARREST FOR FINGERPRINTING AND OTHER STATUTORY POWERS = 5-094
• General powers of arrest = 5-094
• Arrest for fingerprinting = 5-102
• Powers of arrest preserved by PACE = 5-103
• Post-1984 statutory powers of arrest = 5-107
• Detention by Community Support Officers = 5-107A
• Statutory powers of arrest for citizens = 5-108
• ARREST WITH A WARRANT = 5-110
• Introduction = 5-110
• The protection of constables for warrants issued without jurisdiction = 5-111
• The circumstances in which a warrant will be issued without jurisdiction = 5-114
• Executing a warrant improperly = 5-117
• THE DETENTION OF SUSPECTS IN POLICE CUSTODY = 5-122
• Introduction = 5-122
• The custody officer = 5-127
• The power to detain, charge and release = 5-131
• How to calculate the period of detention = 5-153
• Review of detention = 5-157
• The power to authorise continued detention = 5-165
• The power to apply for further detention = 5-171
• Detention under PACE and false imprisonment = 5-179
• Detention under the Road Traffic Act = 5-182
• Detention of persons arrested for breach of the peace = 5-184
• SEARCHES, SAMPLES AND FINGERPRINTS = 5-191
• Search on arrest = 5-191
• Powers of search in detention = 196
• Fingerprinting = 5-206
• Intimate sample = 5-211
• Non-intimate samples = 5-214
• Searched, samples, fingerprints and the European Convention on Human Rights = 5-219
• Chapter 6 : Interfering with land and goods
• INTRODUCTION = 6-001
• Police powers and the law of tort = 6-001
• Definition of land and goods = 6-005
• TRESPASS TO LAND = 6-010
• Introduction = 6-010
• Who can sue? = 6-011
• Types of trespass to land = 6-017
• Trespass ab initio = 6-024
• Trespassers and the use of force = 6-031
• TRESPASS TO LAND : DEFENCES = 6-035
• Introduction = 6-035
• Consent or "licence" = 6-036
• Necessity = 6-047
• Inevitable accident = 6-048
• Claimant is a wrongdoer = 6-049
• WRONGFUL INTERFERENCE WITH GOODS = 6-051
• Introduction = 6-051
• Ownership and possession = 6-053
• Possession in police cases = 6-059
• TRESPASS TO GOODS = 6-061
• Introduction = 6-061
• Who can sue? = 6-063
• The defendant's acts = 6-067
• The defendant's state of mind = 6-069
• CONVERSION = 6-071
• Introduction = 6-071
• Who can sue in conversion? = 6-075
• The defendant's state of mind = 6-077
• The nature of the defendant's acts = 6-081
• WRONGFUL INTERFERENCE WITH GOODS : DEFENCES = 6-090
• Introduction = 6-090
• Consent = 6-091
• Lawful justification = 6-092
• Necessity = 6-093
• Third Party title = 6-094
• Claimant is a wrongdoer = 6-096
• LIMITATION = 6-098
• Trespass to land = 6-098
• Wrongful interference with goods = 6-099
• SUMMARY = 6-103
• Chapter 7 : Lawful justifications for entry, search and seizure
• INTRODUCTION = 7-001
• ENTRY AND SEARCH WITHOUT WARRANT = 7-005
• Introduction = 7-005
• Entry and search at common law = 7-007
• Entry and search under PACE : preliminary matters = 7-012
• Entry and search under PACE : the powers = 7-020
• Entry and search under other statutes = 7-037
• SEIZURE WITHOUT WARRANT = 7-038
• Police powers of seizure at common law = 7-038
• Police powers of seizure under statute = 7-042
• Seizure of large quantities of goods and sifting = 7-055
• RETENTION, ACCESS AND COPYING = 7-062
• Introduction = 7-062
• Retention of sized items = 7-063
• Access and copying = 7-068
• Retention and access : a summary = 7-073
• ENTRY, SEARCH AND SEIZURE UNDER WARRANT = 7-075
• Introduction = 7-075
• Types of material = 7-077
• Access to excluded and special procedure material = 7-085
• Access to other material = 7-098
• Warrants : pre-application procedure = 7-103
• Procedure for applying for warrants = 7-106
• Procedure for executing warrants = 7-114
• Search warrants and seizure = 7-121
• CHALLENGING SEARCH WARRANTS = 7-123
• Introduction = 7-123
• Formal invalidity = 7-126
• Factual preconditions not fulfilled = 7-128
• Lack of proper consideration by the issuing authority = 7-134
• Procedure = 7-135
• Effect of a warrant being quashed = 7-139
• Acting "in obedience" to the warrant = 7-144
• Actions against the police in warrant cases : a summary = 7-146
• POLICE POWERS IN RELATION TO VEHICLES = 7-148
• Introduction = 7-148
• Common law powers to stop vehicles = 7-149
• Statutory powers to stop motor vehicles = 7-154
• Road checks = 7-162
• Stopping and searching motor vehicles without warrant = 7-165
• Powers under the Police Reform Act 2002 = 7-168
• Police powers in relation to vehicles : a summary = 7-172
• ENTRY SEARCH AND SEIZURE AND THE CONVENTION = 7-174
• Article 8 = 7-174
• Article 6 = 7-179
• Chapter 8 : Malicious prosecution and related actions
• INTRODUCTION = 8-001
• The scope of the torts = 8-001
• Policy considerations = 8-004
• Malicious process and false imprisonment = 8-007
• MALICIOUS PROSECUTION : INTRODUCTION = 8-011
• The elements of the tort = 8-011
• The role of the jury = 8-012
• DAMAGE = 8-015
• Introduction = 8-015
• Types of damage = 8-016
• Damage in relation to minor offences = 8-019
• Summary = 8-021
• THE PROSECUTION = 8-022
• Introduction = 8-022
• The commencement of a prosecution = 8-023
• The defendant's role = 8-025
• FAVOURABLE TERMINATION OF THE PROSECUTION = 8-030
• Introduction = 8-030
• Malicious prosecution actions after convictions = 8-036
• LACK OF REASONABLE AND PROBABLE CAUSE = 8-041
• Introduction = 8-041
• The meaning of "reasonable and probable cause" = 8-043
• The questions for the jury = 8-045
• The questions for the judge = 8-050
• The relationship between the jury and the judge questions = 8-063
• MALICE = 8-066
• Definition = 8-066
• The role of the jury = 8-073
• DEFENCES TO MALICIOUS PROSECUTION CLAIMS = 8-075
• MALICIOUS PROCESS = 8-076
• Introduction = 8-076
• Malicious procurement of a search warrant = 8-079
• Other malicious process torts = 8-083
• LIMITATION = 8-090
• Chapter 9 : Police surveillance and information gathering
• INTRODUCTION = 9-001
• The background = 9-001
• Police surveillance and the Human Rights Act = 9-005
• Data protection = 9-006
• The scheme of the chapter = 9-007
• COMMON LAW REMEDIES = 9-008
• BREACH OF CONFIDENCE = 9-008
• THE INVASION OF PRIVACY = 9-025
• EUROPEAN CONVENTION ON HUMAN RIGHTS = 9-034
• The Human Rights Act 1998 = 9-034
• Council of Europe material = 9-038
• THE REGULATION OF INVESTIGATORY POWERS ACT 2000 = 9-041
• Introduction = 9-041
• Overview of provisions = 9-043
• DATA PROTECTION = 9-057
• Introduction = 9-057
• Data protection principles = 9-064
• DATA PROTECTION ACT : EXEMPTIONS = 9-074
• SURVEILLANCE, INFORMATION AND THE POLICE = 9-077
• Introduction = 9-077
• The police and data protection = 9-078
• The police and confidential information = 9-082
• Other invasions of privacy = 9-094
• Chapter 10 : Negligence
• INTRODUCTION = 10-001
• DUTY OF CARE = 10-004
• Introduction = 10-004
• The foreseeability issue = 10-008
• The proximity issue = 10-012
• The policy issue = 10-016
• Assumption of responsibility = 10-029
• Duty of care and statutory discretion = 10-034
• BREACH OF DUTY = 10-039
• General principles = 10-039
• Resources = 10-040
• Special skill or expertise = 10-041
• Proving breach = 10-044
• DAMAGE AND CAUSATION = 10-045
• Damage = 10-045
• Causation = 10-047
• POLICE NEGLIGENCE CLAIMS IN SPECIFIC SITUATIONS = 10-049
• Introduction = 10-049
• Negligent police driving = 10-050
• Failure to take care of persons or property = 10-053
• Claimants who assist the police = 10-064
• Failure to deal with hazards created by third parties = 10-068
• Failure to protect victims of crime = 10-076
• Failure to take care in relation to investigations = 10-085
• DUTY OF CARE AND SPECIAL SITUATIONS = 10-089
• People in need of specialist help = 10-089
• Duties owed to police officers = 10-090
• Chapter 11 : Misfeasance and other civil actions
• INTRODUCTION = 11-001
• MISFEASANCE IN A PUBLIC OFFICE = 11-002
• Introduction = 11-002
• The elements of the tort = 11-004
• Public officer = 11-006
• Exercise or non-exercise of power = 11-010
• Malice = 11-014
• Damage = 11-024
• Applicability to polices cases = 11-027
• BREACH OF STATUTORY DUTY = 11-034
• Introduction = 11-034
• The right of action = 11-035
• Elements of the tort = 11-038
• Applicability to police cases = 11-041
• DEFAMATION = 11-045
• Introduction = 11-045
• The elements of the tort = 11-048
• The nature of the claim = 11-049
• Defences = 11-061
• Applicability to police cases = 11-073
• CONSPIRACY = 11-076
• Introduction = 11-076
• Combination to perform an unlawful act = 11-078
• Combination to injure = 11-083
• Applicability to police cases = 11-087
• ANIMALS ACT 1971 = 11-088
• Introduction = 11-088
• Liability under the Animals Act = 11-089
• Application in police cases = 11-093
• ACTIONS AFTER DEATH = 11-094
• Introduction = 11-094
• Law Reform(Miscellaneous Provisions) Act 1934 = 11-096
• The Fatal Accidents Act 1976 = 11-099
• LIMITATION = 11-105
• GENERAL DEFENCES = 11-113
• Introduction = 11-113
• Contributory negligence = 11-114
• Consent = 11-116
• Necessity = 11-121
• The claimant is a wrongdoer = 11-123
• Chapter 12 : Discrimination claims
• INTRODUCTION = 12-001
• DEFINITIONS OF DISCRIMINATION = 12-008
• Sex and race discrimination = 12-008
• Harassment = 12-029
• DISABILITY DISCRIMINATION = 12-038
• Introduction = 12-038
• Meaning of "disability" = 12-039
• MEANING OF DISABILITY DISCRIMINATION = 12-051
• VICTIMISATION = 12-063
• THE UNLAWFUL ACTS = 12-069
• VICARIOUS LIABILITY = 12-084
• PROVING DISCRIMINATION = 12-089
• The general approach and the burden of proof = 12-089
• The Codes of Practice and statutory duties = 12-096
• PROCEDURE = 12-099
• The appropriate court = 12-099
• Time limits = 12-101
• Questionnaires = 12-106
• REMEDIES = 12-109
• General = 12-109
• Injury to feelings = 12-110
• Personal injury = 12-112
• Aggravated damages = 12-114
• Exemplary damages = 12-116
• Chapter 13 : Judicial review f police decisions
• INTRODUCTION = 13-001
• GENERAL PRINCIPLES OF REVIEW = 13-004
• Public and private law = 13-004
• The subject matter of judicial review = 13-006
• Standing = 13-009
• Ground for review = 13-013
• Judicial review and discretion = 13-019
• JUDICIAL REVIEW F POLICING POLICY = 13-022
• Introduction = 13-022
• Operational policy = 13-023
• JUDICIAL REVIEW AND THE OPERATIONAL INDEPENDENCE OF CHIEF CONSTABLES = 13-041
• The doctrine of operational independence = 13-041
• The statutory basis for operational basis = 13-045
• The common law basis for operational independence = 13-051
• Operational independence in general = 13-061
• JUDICIAL REVIEW OF DECISIONS RELATING TO PROSECUTIONS = 13-066
• Introductions = 13-066
• The cases challenging decisions not to prosecute = 13-068
• Judicial review of cautions = 13-071
• REMEDIES = 13-074
• The remedies available = 13-074
• Discretion of the court to grant relief = 13-083
• PROCEDURE = 13-090
• Applications for permission = 13-090
• Procedure after permission is granted = 13-102
• Chapter 14 : Damages
• INTRODUCTION = 14-001
• DAMAGES IN GENERAL = 14-005
• Definitions and general principles = 14-005
• Types of damages = 14-014
• The assessment of damages and appeals on quantum = 14-044
• DAMAGES FOR TRESPASS TO THE PERSON = 14-048
• Introduction = 14-048
• Assault and battery = 14-049
• False imprisonment - general considerations = 14-051
• Assessing false imprisonment damages = 14-056
• False imprisonment damages : a summary = 14-059
• DAMAGES FOR MALICIOUS PROSECUTION = 14-060
• Introduction = 14-060
• Special damages = 14-061
• General damages = 14-062
• MALICIOUS PROSECUTION DAMAGES : A SUMMARY = 14-064
• DAMAGES IN RELATION TO GOODS = 14-065
• Introduction = 14-065
• Claimant with a limited interest = 14-066
• Orders for the redelivery of goods = 14-067
• Damage when goods are returned = 14-068
• Damage when goods are not returned = 14-069
• DAMAGED GOODS = 14-072
• CONSEQUENTIAL LOSSES = 14-073
• DAMAGES FOR TRESPASS TO LAND = 14-078
• DAMAGES IN DISCRIMINATION CASES = 14-081
• APPENDIX : POST-THOMPSON COURT OF APPEAL QUANTUM DECISIONS = 14-082
• Chapter 15 : Other remedies
• INTRODUCTION = 15-001
• INJUNCTIONS = 15-003
• Introduction = 15-003
• Jurisdiction and discretion = 15-009
• Defences to an injunction claim = 15-014
• Interim injunctions = 15-016
• "Freezing" injunctions in police cases = 15-019
• Injunctions in police cases = 15-026
• DECLARATIONS = 15-032
• Jurisdiction and discretion = 15-032
• Who can obtain a declaration? = 15-034
• Declarations in police cases = 15-035
• CLAIMANT'S REMEDIES IN RELATION TO GOODS = 15-037
• Introduction = 15-037
• Replevin = 15-038
• Orders for the redelivery of goods = 15-044
• Other orders in relation to goods = 15-047
• Remedies in relation to goods : a summary = 15-048
• PROPERTY TO WHICH THE POLICE MAKE NO CLAIM = 15-050
• Introduction = 15-050
• The Police(Property) Act 1897 = 15-051
• Interpleader = 15-061
• HABEAS CORPUS = 15-063
• Introduction = 15-063
• Availability of the writ = 15-065
• Procedure = 15-066
• Applicability in police cases = 15-070
• Chapter 16 : The Human Rights Act
• INTRODUCTION = 16-001
• GENERAL PRINCIPLES = 16-003
• General rules of interpretation = 16-004
• The nature of Convention rights = 16-009
• Prescribed by law／in accordance with the law = 16-018
• The proportionality principle = 16-024
• THE OPERATION OF THE HUMAN RIGHTS ACT 1998 = 16-028
• Statutory construction under section 3 = 16-028
• The obligation on public authorities to act compatibly with Convention rights = 16-036
• Restrospectivity = 16-038
• KEY CONVENTION RIGHTS = 16-041
• Introduction = 16-041
• The right to life under Article 2 = 16-042
• The prohibition of inhuman or degrading treatment under Article 3 = 16-052
• The right to liberty under Article 5 = 16-064
• Fair trial guarantees under Article 6 = 16-090
• The right of respect for private life, family the home and correspondence under Article 8 = 16-096
• Freedom of thought, conscience and religion under Article 9 = 16-107
• Freedom of expression under Article 10 = 16-112
• Freedom of assembly under Article 11 = 16-118
• Freedom from discrimination in relation to convention rights under Article 14 = 16-123
• The right to enjoyment of possessions under Article 1 of the First Protocol = 16-131
• REMEDIES UNDER THE HUMAN RIGHTS ACT = 16-140
• Introduction = 16-140
• PRACTICE AND PROCEDURE UNDER THE HUMAN RIGHTS ACT = 16-144
• Introduction = 16-144
• Standing = 16-147
• Commencing proceedings = 16-152
• Time limits = 16-154
• The procedure for seeking a declaration of incompatibility = 16-158
• Appendix : Police and Criminal Evidence Act 1984 = App-001
• Index = 755