Vince & Anor v Dorset Police [1992] EWCA Civ 19 (30 July 1992)

Vince & Anor v Dorset Police [1992] EWCA Civ 19 (30 July 1992)

Section 36(1) of the Police and Criminal Evidence Act 1984 does not impose a duty on the Chief Constable to appoint sufficient custody officers to ensure that at least one is normally available at each designated police station; it only requires the appointment of one or more custody officers per station, with discretion as to numbers. Only officers holding the substantive or temporary rank of sergeant may be appointed as custody officers; acting sergeants may not be so appointed.

Citation
[1992] EWCA Civ 19
Parties
Appellant/defendant: Chief Constable of Dorset; Respondent/plaintiff: Members of the Joint Branch of the Police Federation of England and Wales of the Dorset Police; Respondent/plaintiff: Members of the Sergeant's Central Committee of the Police Federation of England and Wales
Jurisdiction
England and Wales
Judgment Date
30 July 1992
Procedural Posture
Appeal and Cross Appeal From High Court Judgment / Court of Appeal Judgment
Outcome
Appeal allowed; cross-appeal allowed in part; application for leave to appeal refused.
Legal Topics
Duties of Chief Constable, Appointment of Custody Officers, Interpretation of Police and Criminal Evidence Act 1984, Police Ranks and Qualifications
Administrative Law Police Law Statutory Interpretation Duties of Chief Constable Appointment of Custody Officers Interpretation of Police and Criminal Evidence Act 1984 Police Ranks and Qualifications

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Parties

Chief Constable of Dorset

Appellant/defendant

Members of the Joint Branch of the Police Federation of England and Wales of the Dorset Police

Respondent/plaintiff

Members of the Sergeant's Central Committee of the Police Federation of England and Wales

Respondent/plaintiff

Procedural Posture

Appeal and Cross Appeal From High Court Judgment / Court of Appeal Judgment

Legal Issues

  1. 1 Whether section 36(1) of the Police and Criminal Evidence Act 1984 imposes a duty on the Chief Constable to appoint sufficient custody officers to ensure at least one is normally available at each designated police station.
  2. 2 Whether an acting sergeant may lawfully be appointed as a custody officer under section 36(3) of the Act.

Ratio Decidendi

Section 36(1) of the Police and Criminal Evidence Act 1984 does not impose a duty on the Chief Constable to appoint sufficient custody officers to ensure that at least one is normally available at each designated police station; it only requires the appointment of one or more custody officers per station, with discretion as to numbers. Only officers holding the substantive or temporary rank of sergeant may be appointed as custody officers; acting sergeants may not be so appointed.

Court Disposition

Appeal allowed; cross-appeal allowed in part; application for leave to appeal refused.

Orders

  • Declaration that section 36(1) does not require the Chief Constable to appoint sufficient custody officers to ensure at least one is normally available at each designated police station.
  • Declaration that acting sergeants may not be appointed as custody officers under section 36(3) of the Act.