R v AKH

R v AKH

The court held that 'privileges' in section 26 extends beyond formal police powers to include any special advantage or opportunity available to a constable by virtue of their office, and that 'benefit' includes feelings of sexual gratification. The prosecution must identify and prove the specific power, privilege, or duty exercised improperly.

Parties
Applicant: Rex; Respondent: AKH
Jurisdiction
England and Wales
Judgment Date
30 April 2025
Procedural Posture
Criminal Appeal / Prosecution Appeal Against a Ruling of No Case to Answer Under S.58 Criminal Justice Act 2003
Outcome
Partial judgment delivered; prosecution appeal allowed in part; continuation of proceedings in the Crown Court on some charges; reporting restrictions confirmed.
Legal Topics
Corrupt or Improper Exercise of Police Powers, Statutory Interpretation, Definition of Benefit Under Section 26 Criminal Justice and Courts Act 2015, Scope of Police Privileges, Reporting Restrictions
Criminal Law Police Law Corrupt or Improper Exercise of Police Powers Statutory Interpretation Definition of Benefit Under Section 26 Criminal Justice and Courts Act 2015 Scope of Police Privileges Reporting Restrictions

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Parties

Rex

Applicant

AKH

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Interpretation of 'powers and privileges' in section 26 Criminal Justice and Courts Act 2015
  2. 2 Whether 'benefit' under section 26 includes feelings of sexual gratification
  3. 3 Whether the prosecution must identify a specific power, privilege, or duty exercised improperly

Ratio Decidendi

The court held that 'privileges' in section 26 extends beyond formal police powers to include any special advantage or opportunity available to a constable by virtue of their office, and that 'benefit' includes feelings of sexual gratification. The prosecution must identify and prove the specific power, privilege, or duty exercised improperly.

Court Disposition

Partial judgment delivered; prosecution appeal allowed in part; continuation of proceedings in the Crown Court on some charges; reporting restrictions confirmed.

Orders

  • Partial judgment may be published immediately.
  • Reporting restrictions under section 71 Criminal Justice Act 2003 confirmed.