Melia, R (on the application of) v Merseyside Police

Melia, R (on the application of) v Merseyside Police

The refusal to allow the claimant's solicitor to attend disciplinary proceedings did not breach Article 3 or Article 6 of the European Convention on Human Rights, as the Police Conduct Regulations did not permit attendance without consent, and proper investigatory and disciplinary procedures were followed.

Parties
Claimant: William Melia; Defendant: Merseyside Police
Jurisdiction
England and Wales
Judgment Date
11 April 2003
Procedural Posture
Judicial Review / Application for Permission and Substantive Hearing
Outcome
application dismissed
Legal Topics
Disciplinary Proceedings, Article 3 ECHR, Article 6 ECHR, Police Conduct Regulations
Administrative Law Human Rights Disciplinary Proceedings Article 3 ECHR Article 6 ECHR Police Conduct Regulations

Case Brief

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Parties

William Melia

Claimant

Merseyside Police

Defendant

Procedural Posture

Judicial Review / Application for Permission and Substantive Hearing

Legal Issues

  1. 1 Whether refusal to allow claimant's solicitor to attend disciplinary proceedings breaches Article 3 or Article 6 of the European Convention on Human Rights
  2. 2 Whether the presiding officer erred in concluding the solicitor was not a friend or relative under the Police Conduct Regulations

Ratio Decidendi

The refusal to allow the claimant's solicitor to attend disciplinary proceedings did not breach Article 3 or Article 6 of the European Convention on Human Rights, as the Police Conduct Regulations did not permit attendance without consent, and proper investigatory and disciplinary procedures were followed.

Court Disposition

application dismissed

Orders

  • detailed assessment ordered
  • leave to appeal refused