Law and Rights
On the evening of 4th August 2011, at Ferry Lane (Tottenham, London), the Police intercepted and stopped a taxi (or minicab) carrying Mr Mark Duggan. Mr Duggan got out of the vehicle. Two shots were fired at Mr Duggan by one of two Police Officers confronting him. The officer who fired was referred to as V53. The other officer was W42. Mr Duggan died as a result. A handgun was found at the other side of a fence which was alongside the pavement where the Police had shot Mr Duggan.
Serious disorder followed this event, not only in London but in many other cities and towns. The disorder was covered extensively on this blog and elsewhere. The Police claimed that officer V53 had acted in self-defence in the honest belief that Mr Duggan was holding a gun at the time.
Mrs Duggan (mother of Mark Duggan) sought Judicial Review
of College of Policing guidelines regarding post-incident procedures following deaths in police custody/during contact with the police. The issue at stake was whether current post-incident procedures give rise to an unacceptable risk that investigations conducted pursuant to it will contravene Article 2 ECHR.
The application was refused by the Court of Appeal - [2014] EWCA Civ 1635
The Supreme Court has declined to hear an appeal from the Court of Appeal's decision - see Refusal of appeal decisions 9th December - since the Supreme Court considered that the application did not raise an arguable point of law.
Previous posts relating to the Duggan case may be read here.
College of Policing - Authorised Professional Practice
IPCC:
See also the Independent Police Complaints Commission reports.
Previous decision:
In 2014, the High Court dismissed an an application for judicial review of the Coroner's Court determination of lawful killing - R (Pamela Duggan) v HM Assistant Deputy Coroner for the Northern District of Greater London and others [2014] EWHC 3343 (Admin). In October, permission to appeal this to the Court of Appeal was granted - The Guardian 27th October. The appeal has yet to be heard.
Of interest:
Mark Duggan: An incomplete inquest
- Catching Up ..... !
Supreme Court UK LIbraryA little bit of catching up ........ a) From 27th to 29th October, the Supreme Court heard the joint enterprise case of R v Jogee. The proceedings may be viewed via the Supreme Court website. Previous post. ...
- Coroners ~ Duggan Case ~ Reports
It is reported that the Coroner (His Honour Judge Keith Cutler) who presided over the Duggan Inquest is to invite the Duggan family to 'help shape police gun policy' - The Guardian 12th January 2014. The judge, who is preparing recommendations...
- After The Duggan Case ~ Cameras; Jurors; Stop And Search
It is reported that armed Police Officers will wear video cameras - Armed British police to wear video cameras . Firearms officers in London are to start wearing video cameras to record evidence of their actions, the Metropolitan police commissioner,...
- Ian Tomlinson Inquest - Unlawful Killing Verdict
The jury at the Ian Tomlinson Inquest has delivered a verdict of unlawful killing - see the Inquest Website and The Guardian 3rd May. It now appears that the Director of Public Prosecutions (Mr Keir Starmer QC) is to review the earlier decision relating...
- Ian Tomlinson Death: Disciplinary Hearing - Will It Be In Public?
The Police Officer who struck and pushed Mr Ian Tomlinson is to face misconduct proceedings - The Guardian 27th July. Police Misconduct and Complaints is a complicated area of the law and a number of lawyers specialise in it. Perhaps the principal...
Law and Rights
Mark Duggan case ~ no judicial review of College of Policing guidelines
Serious disorder followed this event, not only in London but in many other cities and towns. The disorder was covered extensively on this blog and elsewhere. The Police claimed that officer V53 had acted in self-defence in the honest belief that Mr Duggan was holding a gun at the time.
Mrs Duggan (mother of Mark Duggan) sought Judicial Review
of College of Policing guidelines regarding post-incident procedures following deaths in police custody/during contact with the police. The issue at stake was whether current post-incident procedures give rise to an unacceptable risk that investigations conducted pursuant to it will contravene Article 2 ECHR.
The application was refused by the Court of Appeal - [2014] EWCA Civ 1635
The Supreme Court has declined to hear an appeal from the Court of Appeal's decision - see Refusal of appeal decisions 9th December - since the Supreme Court considered that the application did not raise an arguable point of law.
Previous posts relating to the Duggan case may be read here.
College of Policing - Authorised Professional Practice
IPCC:
See also the Independent Police Complaints Commission reports.
Previous decision:
In 2014, the High Court dismissed an an application for judicial review of the Coroner's Court determination of lawful killing - R (Pamela Duggan) v HM Assistant Deputy Coroner for the Northern District of Greater London and others [2014] EWHC 3343 (Admin). In October, permission to appeal this to the Court of Appeal was granted - The Guardian 27th October. The appeal has yet to be heard.
Of interest:
Mark Duggan: An incomplete inquest
- Catching Up ..... !
Supreme Court UK LIbraryA little bit of catching up ........ a) From 27th to 29th October, the Supreme Court heard the joint enterprise case of R v Jogee. The proceedings may be viewed via the Supreme Court website. Previous post. ...
- Coroners ~ Duggan Case ~ Reports
It is reported that the Coroner (His Honour Judge Keith Cutler) who presided over the Duggan Inquest is to invite the Duggan family to 'help shape police gun policy' - The Guardian 12th January 2014. The judge, who is preparing recommendations...
- After The Duggan Case ~ Cameras; Jurors; Stop And Search
It is reported that armed Police Officers will wear video cameras - Armed British police to wear video cameras . Firearms officers in London are to start wearing video cameras to record evidence of their actions, the Metropolitan police commissioner,...
- Ian Tomlinson Inquest - Unlawful Killing Verdict
The jury at the Ian Tomlinson Inquest has delivered a verdict of unlawful killing - see the Inquest Website and The Guardian 3rd May. It now appears that the Director of Public Prosecutions (Mr Keir Starmer QC) is to review the earlier decision relating...
- Ian Tomlinson Death: Disciplinary Hearing - Will It Be In Public?
The Police Officer who struck and pushed Mr Ian Tomlinson is to face misconduct proceedings - The Guardian 27th July. Police Misconduct and Complaints is a complicated area of the law and a number of lawyers specialise in it. Perhaps the principal...