M, R (on the application of) v Commissioner Of Police For Metropolis [2001] EWCA Civ 1825 (27 November, 2001)

M, R (on the application of) v Commissioner Of Police For Metropolis [2001] EWCA Civ 1825 (27 November, 2001)

The court held that the Metropolitan Police's Branch Note was not a binding policy document but aspirational guidance, and there was no evidence of an unlawful policy or irrational decision-making by the officers. The applicants failed to establish any arguable case that the requests for use of interview rooms or private telephone facilities were not lawfully considered. No declaration of unlawfulness could be made on the facts presented.

Citation
[2001] EWCA Civ 1825
Parties
Claimant/applicant: M; Claimant/applicant: Leon La Rose; Defendant/respondent: Commissioner of Police of the Metropolis
Jurisdiction
England and Wales
Procedural Posture
Judicial Review / Application for Permission to Appeal From Divisional Court Judgment
Outcome
Permission to appeal refused
Legal Topics
Legitimate Expectation, Police Policy Compliance, Solicitor Client Consultation Facilities, Article 6 ECHR, Judicial Review Standards
Administrative Law Criminal Procedure Human Rights Legitimate Expectation Police Policy Compliance Solicitor Client Consultation Facilities Article 6 ECHR Judicial Review Standards

Case Brief

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Parties

M

Claimant/applicant

Leon La Rose

Claimant/applicant

Commissioner of Police of the Metropolis

Defendant/respondent

Procedural Posture

Judicial Review / Application for Permission to Appeal From Divisional Court Judgment

Legal Issues

  1. 1 Whether the Metropolitan Police failed to follow its own policy regarding facilities for solicitor-client consultations in custody
  2. 2 Whether there was an unlawful disappointment of a legitimate expectation arising from police policy
  3. 3 Whether the refusal to provide a private telephone conversation facility was unlawful

Ratio Decidendi

The court held that the Metropolitan Police's Branch Note was not a binding policy document but aspirational guidance, and there was no evidence of an unlawful policy or irrational decision-making by the officers. The applicants failed to establish any arguable case that the requests for use of interview rooms or private telephone facilities were not lawfully considered. No declaration of unlawfulness could be made on the facts presented.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Detailed assessment of the applicant's community legal funding certificate