Reynolds, R (on the application of) v Sussex Police & Anor

Reynolds, R (on the application of) v Sussex Police & Anor

Where there is a death or serious injury for which the police may be responsible, the IPCC must conduct or manage an independent investigation covering all relevant events, including those prior to police contact, to satisfy Article 2 ECHR and statutory obligations. The IPCC's refusal to exercise its powers over the...

Source-derived case information.

Parties
Claimant: The Queen on the Application of Reynolds; First Defendant: Chief Constable of Sussex Police; Second Defendant: Independent Police Complaints Commission
Jurisdiction
England and Wales
Judgment Date
16 May 2008
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim allowed
Legal Topics
Independent Investigation of Police Conduct, Serious Injury in Custody, Article 2 ECHR, Bias in Public Decision Making, IPCC Statutory Duties
Administrative Law Human Rights Law Police Law Independent Investigation of Police Conduct Serious Injury in Custody Article 2 ECHR Bias in Public Decision Making IPCC Statutory Duties

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Summary, issues, holding and outcome

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Parties

The Queen on the Application of Reynolds

Claimant

Chief Constable of Sussex Police

First Defendant

Independent Police Complaints Commission

Second Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the IPCC is required to conduct or manage an independent investigation into a serious injury in police custody under Article 2 ECHR and the Police Reform Act 2002
  2. 2 Whether the Sussex Police's refusal to refer the investigation to an outside force was lawful
  3. 3 Whether the IPCC's limitation of its role to post-police contact events was lawful

Ratio Decidendi

Where there is a death or serious injury for which the police may be responsible, the IPCC must conduct or manage an independent investigation covering all relevant events, including those prior to police contact, to satisfy Article 2 ECHR and statutory obligations. The IPCC's refusal to exercise its powers over the pre-contact investigation was unlawful. The Sussex Police's refusal to refer the investigation to an outside force was not the correct target for challenge; the IPCC's failure to act was.

Court Disposition

Claim allowed

Orders

  • Declaration that the IPCC must conduct or manage an independent investigation into all circumstances of the serious injury, including pre-police contact events
  • Second defendant (IPCC) to pay the claimant's costs of the proceedings to be assessed on a standard basis if not agreed from 27th March 2008