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Investigating what THE PEOPLE JUDGE TO BE UNACCEPTABLE behaviour by the British police. Brought to you by real independent researchers and observers! "All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood" – Article 1: The Universal Declaration of Human Rights.

Tag Archives: Duty Of Care

Manipulation of the Truth?

What’s wrong with this article?

An ex-police officer didn’t leave a man to die, IT WAS A POLICE OFFICER! … and he was jailed AFTER he had resigned DURING court proceedings!!

“He was suspended from duty when first summonsed to appear at court then, when he pleaded guilty to perverting the course of justice, he resigned.

And STILL no police officer is convicted for contributing toward the death of members of the public.

Oh, and is Sarah Marsh mistaken with her comments about police owing a “duty of care”? I’m sure I read they owe no such thing to the public.

Ex-police officer who left dying man at roadside is jailed

David Driver was on patrol in Gloucestershire village when he failed to wake two men apparently asleep outdoors on freezing night

Steven Morris
guardian.co.uk, Friday 12 November 2010 18.47 GMT

A former police officer who left a dying man at a roadside while on duty has been jailed for a year.

David Driver was on patrol in the village of Bourton-on-the-Water, in Gloucestershire, when he came across two men apparently asleep on the ground on a cold night last February.

He left without waking the men and one of them, 25-year-old Steven Hathaway, was later pronounced dead at the scene. The other, who was woken after a member of the public found the pair, survived.

Driver, a constable at the time, falsified his notes of the incident, claiming the men had not been unconscious when he found them.

The 36-year-old admitted misconduct in a public office and perverting the course of justice.

At an early hearing, Worcester crown court heard that Hathaway was believed to have fallen unconscious after drinking and taking drugs.

Speaking outside court, Assistant Chief Constable Kevin Lambert, of Gloucestershire Constabulary, said: “The conduct of ex-PC Driver on the night in question fell well below the standards of professional behaviour we expect from our officers.

“I would like to express my sympathies to Mr Hathaway’s family for their loss and apologise for the lack of action taken by ex-PC Driver when he first encountered Steven and his friend.

“He was immediately served with a discipline notice following this incident and was placed on restricted duties, which prevented him from having contact with the public.

“He was suspended from duty when first summonsed to appear at court then, when he pleaded guilty to perverting the course of justice, he resigned.

“We have worked closely with the Independent Police Complaints Commission (IPCC) throughout their investigation and have also reviewed our own policies and procedures to ensure any lessons learned from this case are fed back to our staff to ensure such a situation does not arise again.”

The IPCC, which launched an investigation into Driver’s conduct, said he submitted a false statement after Hathaway’s death in which he claimed to have helped him to his feet and watched him walk away from the scene.

Rebecca Marsh, the IPCC commissioner, said: “This police officer owed a duty of care to the public and failed to exercise it when he found two young men unconscious on a very cold night.

“He compounded this by repeatedly lying about the events of that night and offered a false account of his actions.

“It is clear from the post-mortem results that Mr Hathaway had consumed a large quantity of alcohol, together with opiates. However, he was owed a duty of care which Driver failed to exercise.”

http://www.guardian.co.uk/uk/2010/nov/12/ex-police-officer-jailed-dying-man

“He was suspended from duty when first summonsed to appear at court then, when he pleaded guilty to perverting the course of justice, he resigned.

Will Pamela Somerville Get Justice? [Update: NO!!]

Passing sentence, deputy district judge Peter Greenfield said Andrews, 37, had abused his position of trust and only a custodial sentence was appropriate.

“In my view, you presided over an atmosphere of bullying and intimidation upon Ms Somerville which culminated in the cell later that morning.

“I regard that a gross breach of trust placed upon you by Ms Somerville. I consider that right-thinking members of the public will be appalled and totally saddened by your actions as a police officer.”

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Police Have No “Duty Of Care” Toward The Public … It’s The Law!

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)!