Secretary of State for the Home Department, R (on the application of) v Humberside Police Authority & Anor

Secretary of State for the Home Department, R (on the application of) v Humberside Police Authority & Anor

The Secretary of State validly exercised the power under section 42(1A) of the Police Act 1996, as the statute requires consideration of public confidence in the force in question by the public at large, not just the local area. The Police Authority is under a legal duty to suspend the Chief Constable as required by the Secretary of State.

Parties
Claimant: Secretary of State for the Home Department; Defendant: Humberside Police Authority; Interested Party: David Westwood
Jurisdiction
England and Wales
Judgment Date
02 July 2004
Procedural Posture
Judicial Review / Judgment
Outcome
claim allowed
Legal Topics
Statutory Interpretation, Public Confidence in Police, Suspension of Chief Constable
Administrative Law Police Law Statutory Interpretation Public Confidence in Police Suspension of Chief Constable

Case Brief

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Parties

Secretary of State for the Home Department

Claimant

Humberside Police Authority

Defendant

David Westwood

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Secretary of State validly exercised the power under section 42(1A) of the Police Act 1996 to require the suspension of the Chief Constable of Humberside
  2. 2 Whether 'public confidence' in section 42(1A) refers to national or local public confidence

Ratio Decidendi

The Secretary of State validly exercised the power under section 42(1A) of the Police Act 1996, as the statute requires consideration of public confidence in the force in question by the public at large, not just the local area. The Police Authority is under a legal duty to suspend the Chief Constable as required by the Secretary of State.

Court Disposition

claim allowed

Orders

  • Declaration that the defendant is, and has since 22 June 2004 been, under a legal duty to suspend the interested party from his position as Chief Constable as soon as reasonably practicable after receipt of the requirement issued under section 42(1A).
  • Declaration that the defendant remains bound by legal duty not to terminate the suspension unless directed by the Secretary of State or by resignation/retirement of the interested party.