header-logo header-logo

To protect & to serve

23 May 2019 / Alec Samuels
Issue: 7841 / Categories: Features , Criminal
printer mail-detail
Alec Samuels reflects on the particular duty of the police to protect us
  • The criminal has caused serious injury or death to the victim. Has the victim or the family of the victim any remedy?

The victim rings 999 and calls for help. The police go to the victim’s house. Too late. The criminal has caused serious injury or death to the victim. Has the victim or the family of the victim any remedy?

The police are under a general duty to protect the public, but it is not a particular duty to each and every one of us individually. The victims of Peter Sutcliffe, the Yorkshire Ripper, had no remedy against the police for failing to protect them from death or injury: Hill v Chief Constable of West Yorkshire [1989] AC 53. The victim would need to show some sort of acceptance of responsibility for protection in the particular case, a special promise of protection upon which the victim relied. Basically the victim must prove that the police

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll