Delezuch, R (n the application of) v Leicestershire Constabulary & Ors

Delezuch, R (n the application of) v Leicestershire Constabulary & Ors

The 2014 guidance, though imperfect, provides sufficient safeguards against collusion and does not create an unacceptable risk of breach of Article 2 ECHR. The risk is relatively low and does not justify a finding of unlawfulness. The guidance does not undermine the independence of the IPCC.

Parties
Claimant: Ryszard Delezuch; Defendant: Chief Constable of Leicestershire Constabulary; Interested Party: Association of Chief Police Officers; Interested Party: Independent Police Complaints Commission; Claimant: Pamela Duggan; Interested Party: Precious Douaihy; Interested Party: Commissioner of Police for the Metropolis
Jurisdiction
England and Wales
Judgment Date
19 December 2014
Procedural Posture
Judicial Review / Substantive Hearing in Court of Appeal
Outcome
Applications for judicial review dismissed.
Legal Topics
Article 2 ECHR, Police Investigations, Post Incident Management, Guidance Lawfulness, Independence of Investigations
Human Rights Administrative Law Police Law Article 2 ECHR Police Investigations Post Incident Management Guidance Lawfulness Independence of Investigations

Case Brief

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Parties

Ryszard Delezuch

Claimant

Chief Constable of Leicestershire Constabulary

Defendant

Association of Chief Police Officers

Interested Party

Independent Police Complaints Commission

Interested Party

Pamela Duggan

Claimant

Precious Douaihy

Interested Party

Commissioner of Police for the Metropolis

Interested Party

Procedural Posture

Judicial Review / Substantive Hearing in Court of Appeal

Legal Issues

  1. 1 Whether the 2014 guidance on post-incident management creates an unacceptable risk of breach of Article 2 ECHR
  2. 2 Whether the guidance undermines the independence of the IPCC
  3. 3 Adequacy and effectiveness of investigations into deaths following police use of force

Ratio Decidendi

The 2014 guidance, though imperfect, provides sufficient safeguards against collusion and does not create an unacceptable risk of breach of Article 2 ECHR. The risk is relatively low and does not justify a finding of unlawfulness. The guidance does not undermine the independence of the IPCC.

Court Disposition

Applications for judicial review dismissed.