Judicial Reviews Claims Involving the Police

Abstract

1. The police service has long been a target of those seeking to curb the excesses of state power. Given the reach of policing powers into the everyday lives of all citizens – be they law-abiding or otherwise – that is hardly surprising. Whether in the prevention of crime and disorder, the conduct of investigations and prosecutions, the maintenance of public safety or the policing of the service itself via complaints, misconduct and vetting processes, decisions and actions taken by the police have the potential to affect each and every one of us in dramatic fashion. The delicate balance that falls to be struck between the proper performance of police functions and proper respect for the rights of the citizen involves difficult – even, on occasions, life and death – decisions invoking a wealth of public interest considerations and fundamental questions over civil liberties, human rights and equality.