Shows
PLOD - Police Law On DemandS6E7 - Reasonable expectation of privacy pre-chargeDaniel Berke and Aaron Rathmell discuss a Supreme Court Judgement in ZXC v Bloomberg which held that, in general, a person under criminal investigation has, prior to being charged, a reasonable expectation of privacy in respect of information that relates to that specific investigation.
2022-07-2520 minPLOD - Police Law On DemandS4E8 - Principles which should be followed by investigators to avoid breaching Art. 2, Right to LifeDaniel Berke and Aaron Rathmell discuss the principles which should be applied to investigations to avoid breaches of Article 2, the right to life – following the decision of Strasbourg in Tershana v Albania where failure adequately to investigate an acid attack against a woman amounted to a breach of the procedural obligation under Art 2.
2021-05-1016 minPLOD - Police Law On DemandS4E7 - Criminal investigations in cases involving inhuman or degrading treatment or tortureLawyers Daniel Berke and Aaron Rathmell discuss Y v Bulgaria where the European Court of Human Rights set out the minimum requirements for criminal investigations where a person has been subjected to ill-treatment contrary to Article 3.
2021-05-0417 minPLOD - Police Law On DemandS1E1 - Failures in criminal investigations - Police liabilityIn 2018, the Supreme Court upheld landmark victories for two victims of the serial sex offender John Worboys against the Met Police, in the case known as “DSD and NBV”. The claimants alleged that Met officers had breached Article 3 of the European Convention on Human Rights, by failing to investigate Worboys’ crimes properly and thereby failing to protect victims from “inhuman or degrading treatment” and hold the perpetrator to account. It was generally thought that police were “immune” from claims by individuals alleging “operational” failings in investigations. But the Supreme Court held that “obvious and significant shortcomings” can give rise to liability. When is...
2019-08-0911 min