Police Powers

The police and other investigating authorities have wide powers to prevent crime and to keep tabs on those who they suspect may carry out criminal offences in future. A key part of our work is ensuing that those powers are not abused.

Unnecessary arrests and prosecutions can be immensely personally and professionally damaging to an individual, even if the case is dropped. Details remaining on police databases may mean that a person’s career is hampered, that they are unable to travel and that their right to private and family life is infringed.

Uniquely, our criminal lawyers are trained to draw on the skills and expertise of their civil colleagues who work predominantly on issues relating to and arising from the operation of the criminal justice system. The result of this combination of skills is that we have developed an ability to successfully challenge the unlawful exercise of powers by detaining and prosecutorial bodies in order to protect our clients.

This includes:

- Challenging the use of arrest powers where the individual is willing to cooperate voluntarily, particularly where the fact of the arrest would be damaging to the person’s career (doctors, childcare workers, teachers, those involved in the financial sector etc.);

- Challenging the use and scope of search warrants, by judicial review if necessary;

- Making representations to the CPS as to why it would be inappropriate to charge

- Applying for personal information – e.g. DNA, fingerprints, photographs and entries on the Police National Computer – to be deleted;

-  Where an arrest is unlawful, initiating civil law proceedings for false imprisonment and breach of the right to liberty;

- Where a caution has been administered unlawfully, applying for judicial review to overturn it;

- Where it can be proved that a prosecution has been initiated or continued in bad faith, bringing proceedings for malicious prosecution;

- Judicially reviewing the police and Criminal Records Bureau over decisions to include on clients’ Enhanced Criminal Records Certificates information which is not relevant to the job applied for or which has been disproved at court;

- Initiating civil action over unlawful disclosure of confidential information to other government departments or to dangerous individuals.