AKH, R. v [2025] EWCA Crim 542 (13 March 2025)

AKH, R. v [2025] EWCA Crim 542 (13 March 2025)

'Privileges' in s.26 Criminal Justice and Courts Act 2015 extends beyond formal police powers to include special advantages or opportunities available to constables by virtue of office; 'benefit' under s.26(9) includes feelings of sexual gratification.

Citation
[2025] EWCA Crim 542
Parties
Applicant: Rex; Respondent: AKH
Jurisdiction
England and Wales
Judgment Date
13 March 2025
Procedural Posture
Prosecution Appeal Under S.58 Criminal Justice Act 2003 / Application for Leave to Appeal Against a Ruling of No Case to Answer
Outcome
Appeal allowed in part; continuation of proceedings on some charges ordered.
Legal Topics
Corrupt or Improper Exercise of Police Powers, Statutory Interpretation, Definition of Police Privileges, Definition of Benefit Under S.26 Criminal Justice and Courts Act 2015
Criminal Law Corrupt or Improper Exercise of Police Powers Statutory Interpretation Definition of Police Privileges Definition of Benefit Under S.26 Criminal Justice and Courts Act 2015

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Parties

Rex

Applicant

AKH

Respondent

Procedural Posture

Prosecution Appeal Under S.58 Criminal Justice Act 2003 / Application for Leave to Appeal Against a Ruling of No Case to Answer

Legal Issues

  1. 1 interpretation of 'powers and privileges' in s.26 Criminal Justice and Courts Act 2015
  2. 2 scope of 'benefit' under s.26(9) and whether it includes sexual gratification

Ratio Decidendi

'Privileges' in s.26 Criminal Justice and Courts Act 2015 extends beyond formal police powers to include special advantages or opportunities available to constables by virtue of office; 'benefit' under s.26(9) includes feelings of sexual gratification.

Court Disposition

Appeal allowed in part; continuation of proceedings on some charges ordered.

Orders

  • Proceedings in the Crown Court to continue on some charges.
  • Reporting restrictions under s.71 Criminal Justice Act 2003 confirmed.