Green, R (on the application of) v Police Complaints Authority & Ors [2001] EWHC Admin 1160 (21 December 2001)

Green, R (on the application of) v Police Complaints Authority & Ors [2001] EWHC Admin 1160 (21 December 2001)

Where a complainant is an eyewitness and his individual rights under Article 3 ECHR are engaged, effective investigation and safeguarding of legitimate interests require disclosure to him of factual statements by other eyewitnesses and investigators at the scene, unless particular sensitivity justifies non-disclosure. The Authority erred in construing its powers too narrowly and failing to involve the claimant to the extent necessary.

Citation
[2001] EWHC Admin 1160
Parties
Claimant: Anthony Lloyd Green; Respondent: Police Complaints Authority; Interested Party: Secretary of State for the Home Department; Interested Party: Chief Constable of South Yorkshire; Interested Party: Detective Sergeant Andrew Lawrence
Jurisdiction
England and Wales
Judgment Date
21 December 2001
Procedural Posture
Judicial Review / Permission Hearing Treated as Full Hearing
Outcome
Application for judicial review succeeds in part; declaration granted.
Legal Topics
Disclosure of Documents, Article 2 ECHR, Article 3 ECHR, Police Complaints Authority Powers, Effective Investigation, Public Scrutiny, Victim Participation
Administrative Law Human Rights Law Police Law Disclosure of Documents Article 2 ECHR Article 3 ECHR Police Complaints Authority Powers Effective Investigation +2 more

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Parties

Anthony Lloyd Green

Claimant

Police Complaints Authority

Respondent

Secretary of State for the Home Department

Interested Party

Chief Constable of South Yorkshire

Interested Party

Detective Sergeant Andrew Lawrence

Interested Party

Procedural Posture

Judicial Review / Permission Hearing Treated as Full Hearing

Legal Issues

  1. 1 Whether the Police Complaints Authority must disclose witness statements and documents to a complainant under section 80(1)(a) of the Police Act 1996 in the context of an Article 3 ECHR complaint
  2. 2 Whether the investigative process provided sufficient public scrutiny and involvement of the complainant to safeguard legitimate interests under Articles 2 and 3 ECHR

Ratio Decidendi

Where a complainant is an eyewitness and his individual rights under Article 3 ECHR are engaged, effective investigation and safeguarding of legitimate interests require disclosure to him of factual statements by other eyewitnesses and investigators at the scene, unless particular sensitivity justifies non-disclosure. The Authority erred in construing its powers too narrowly and failing to involve the claimant to the extent necessary.

Court Disposition

Application for judicial review succeeds in part; declaration granted.

Orders

  • Declaration that the claimant is entitled to disclosure of factual statements by eyewitnesses and investigators at the scene, subject to consideration of particular sensitivity of specific documents.
  • Permission to appeal granted.