By Stephen Cragg KC and Sam Jacobs
An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, ‘The Barrister’, and Mediator
There was once a time (more than a few decades ago) when young children were assured that if they ever got lost, they should go up to a nice policeman (on the beat, naturally) to take them home.
There is scarcely much point, is there, in pointing out that times have changed and, lamentably, not altogether for the better? Police misconduct in Britain, certainly, has become almost a commonplace, with the resulting cries of outrage and expressions of concern well publicised in the media.
Not only has police misconduct been widely and frequently reported, (especially recently) there’s a book which bears the same title, namely Police Misconduct, with the subtitle of legal remedies.
First published in 1987, it is now out in a new fifth edition from LAG, and very much welcomed by lawyers and advisers, especially those involved in civil actions against the police and with procedures and processes relating to police complaints.
Sadly, this state of affairs has impacted not only on members of the public – many of whom feel unsafe on city streets – but on the police themselves, so that even those who are honest, dedicated, and conscientious are all too often regarded with varying degrees of certainty, suspicion, and dismay.
Small wonder that this long-established, comprehensive, and erudite legal text has become an essential purchase for all practitioners requiring a practical and plain-speaking guide to every aspect of this increasingly complex area of law.
Under the editorship of Stephen Cragg KC and Sam Jacobs, the book brings together a distinguished team of contributors from Doughty Street Chambers and solicitors Bhatt Murphy who are at the cutting edge of legal developments in the area of police misconduct and involved in civil compensation claims, judicial review challenges and appeals.
The wealth of new material on offer includes three new chapters which deal with the new (2020) police complaints and disciplinary procedures. The reader is thus familiarised with the full range of procedures, strategies and tactics available, including procedural advice and step-by-step guidance, from pre-issue considerations through to jury trial and appeal. Also note the detailed guidance on the most common torts, including false imprisonment, assault and battery, malicious prosecution, and misfeasance.
The book provides clear analysis of developing causes of actions against the police such as negligence, privacy, discrimination and claims under, for example, the Human Rights Act 1998 and the Data Protection Act 2018. The final chapter on damages is especially worthy of note.
Also note the detailed table of contents and index and the no less than eighty pages of cases, statutes, and statutory instruments, together with a table of EU and international legislation.
Busy practitioners will appreciate this book’s authority, its ease of use and the fact that, in the word of the editors, the law is up to date to 30 June 2022.