Stefano specialises in police law. He is a leading expert on challenging arrests, cautions and the inappropriate disclosure of information by police forces.
Stefano uses his extensive civil litigation experience to bring public law challenges against the police, most usually in relation criminal investigations. He has had repeated success in challenging cautions, search warrants and notices under Section 2 of the Criminal Justice Act 1987.
His work in this area has supported the development of a number of significant additional protections for the individual, including the principle that acceptance of a formal caution does not prevent bringing a civil claim (Abraham v Commissioner of Police of the Metropolis [2001] 1 WLR 1257) and the imposition of a significant evidential burden upon the state to demonstrate that the responsibility for an injury did not lie at its door (Sheppard v Secretary of State for the Home Department [2002] EWCA Civ 1921).
Stefano has also become the first port of call for individuals seeking to prevent the police from disclosing disproportionate, irrelevant and sometimes untrue information on an enhanced DBS certificate. By persuading decision-makers that the police have failed to conduct the correct balancing exercise in relation to an individual’s privacy and the public interest, Stefano has made a lasting and significant difference to his clients’ professional lives and futures.
Usually, these concerns relate to information the police have or intend to disclose to the DBS for revelation as part of an enhanced criminal record check. When such information is disclosed or retained unlawfully, Stefano has an excellent track record of achieving successful outcomes on behalf of his clients. Most of Stefano’s cases in this fast-developing area of law are settled before trial.
Stefano has brought various claims against the police false imprisonment, assault, malicious prosecution, misfeasance and in negligence and he also represents three core participants in the Undercover Policing Inquiry.
Stefano advises on police complaints as well as challenges to IOPC decisions, often acting on behalf of people involved in peaceful political protest.