West Yorkshire Police, R (on the application of) v Independent Police Complaints Commission & Ors [2014] EWCA Civ 1367 (21 October 2014)

West Yorkshire Police, R (on the application of) v Independent Police Complaints Commission & Ors [2014] EWCA Civ 1367 (21 October 2014)

In 'special requirements' investigations, the IPCC's statutory powers are confined to determining whether there is a case to answer in disciplinary or criminal proceedings. The IPCC exceeded its powers by making conclusive findings on the lawfulness and reasonableness of police conduct, which are reserved for courts or disciplinary bodies. The report was unlawful and properly quashed.

Citation
[2014] EWCA Civ 1367
Parties
Claimant/respondent: The Chief Constable of the West Yorkshire Police; Defendant/appellant: Independent Police Complaints Commission; Interested Party: Police Constable Lee Armstrong; Interested Party: Leeford Sutcliffe
Jurisdiction
England and Wales
Judgment Date
21 October 2014
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
IPCC Powers, Police Misconduct Investigations, Special Requirements Investigations, Complaint Handling, Disciplinary Proceedings
Administrative Law Police Law Public Law IPCC Powers Police Misconduct Investigations Special Requirements Investigations Complaint Handling Disciplinary Proceedings

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Parties

The Chief Constable of the West Yorkshire Police

Claimant/respondent

Independent Police Complaints Commission

Defendant/appellant

Police Constable Lee Armstrong

Interested Party

Leeford Sutcliffe

Interested Party

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the IPCC can make conclusive findings on lawfulness or reasonableness of police conduct in 'special requirements' investigations
  2. 2 Whether the IPCC's report exceeded its statutory powers by making determinations on criminal or civil liability

Ratio Decidendi

In 'special requirements' investigations, the IPCC's statutory powers are confined to determining whether there is a case to answer in disciplinary or criminal proceedings. The IPCC exceeded its powers by making conclusive findings on the lawfulness and reasonableness of police conduct, which are reserved for courts or disciplinary bodies. The report was unlawful and properly quashed.

Court Disposition

Appeal dismissed

Orders

  • IPCC report quashed
  • IPCC directed to produce a revised report in accordance with judgment