Police Have No “Duty Of Care” Toward The Public … It’s The Law!
November 16, 2010
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Information found on a public forum reveals (shockingly) why, there are no successful prosecutions and convictions of police officers for the unlawful killings of members of the public who die at the hands of the police
The reason there is a dearth of successful prosecutions is that the police have no duty of care, I have sat in court and listened to Barristers for the police quoting hours of case law examples of why the police have no statutory duty of care, it is a real eye opener and nothing to do with police corruption, that is quite another can of worms.
The case that they quote a lot is Hill , see here http://www.bailii.org/uk/cases/UKHL/1987/12.html which lays down the core principle that a duty of care would lead to defensive and thus ineffective policing. this case is supported and reaffirmed by others such as smith http://www.bailii.org/ew/cases/EWCA/Civ/2008/39.html where the house of lords ruled that the police had no common law duty of care to protect an individual.
This is the law as it stands and makes it almost impossible to even bring a case against the police, most being struck out early on as having no chance of a successful outcome.
Any that do proceed will be dragged through appeal after appeal and the case that you mention above of a mere four years is a relatively short one.
as for accountability in the force well it is a comforting thought but unfortunately far from reality.
The IPCC recorded 92 “Deaths during or following police contact” last year. Now I’m not suggesting that they were all the result of criminal behaviour … but … 92 (nearly 2 per week)!