Subject-Matter Index

Arrest and detention of suspect. See HUMAN RIGHTS (Right to liberty and security—liability of States)

Assault on police officer

sentence

aggravation—assault with firearm—aggravation by preparation and premeditation, occurring at night in street, length of time before weapon surrendered, officer’s justified fear of death or serious injury, accused expressed intention that police shoot him: Granger v. Law Officers (C.A.), 2014 GLR N [9]

Blood, breath and urine tests. See ROAD TRAFFIC (Driving or in charge with excess alcohol—failure to provide specimen for analysis)

Duty. See Obstruction of police officer—duty

Entry, search and seizure

search warrant

if purpose of search to discover “special material” relevant to investigation, application for warrant to be made under PPACE, s.9—if search for material valuable to investigation not likely to discover “special material,” application to be made under s.8—use of s.8 not precluded if search officers believe “special material” on premises but not relevant to investigation: Taylor v. Law Officers (C.A.), 2011–12 GLR 81

search officers to be briefed on “special material” and legal professional privilege issues before applying for warrant, and judge issuing warrant given assurances about scope of material to be sought by search—if warrant lawfully issued observing these conditions, no justification for calling judge as witness for cross-examination about information presented to him: Taylor v. Law Officers (C.A.), 2011–12 GLR 81

Evidence of officers

prior discussion of case

if discussion of case by officers before giving evidence, Jurats to be given appropriate direction to treat with special care—may exclude evidence if reason to believe concocted, but mere opportunity to discuss no reason to disregard altogether: Marsh v. Law Officers (C.A.), 2000–02 GLR 406

Excessive force used against suspect. See CRIMINAL LAW (Assault—excessive force by police officer)

Execution of duty. See Assault on police officer—sentence. Obstruction of police officer—execution of duty

Informants. See EVIDENCE (Privilege—public interest immunity)

“Nine Principles of Policing.” See Public duties and responsibilities—“Nine Principles of Policing”

Obstruction of police officer

duty

under Offences against Police Officers (Bailiwick of Guernsey) Law 1963, s.1(2), “duty” may include, inter alia, keeping peace, detecting and preventing crime, protecting property from criminal injury and bringing offenders to justice—“obstructs” means makes more difficult for police to execute duty—“preventing crime” includes setting up police speed trap at roadside, as both deterrent and detection method: Bullock v. Law Officers (Royal Ct.), 2003–04 GLR N [14]

execution of duty

if two officers required for specific crime detection, e.g. operating speed camera, both acting in execution of duty, even if one 20 yards away answering official phone call: Bullock v. Law Officers (Royal Ct.), 2003–04 GLR N [14]

Order for production of special material. See Special material—production order

Prior discussion of case. See Evidence of officers—prior discussion of case

Public duties and responsibilities

“Nine Principles of Policing”

principles proposed for Metropolitan Police set out and commended for Guernsey: Allan v. Law Officers (Royal Ct.), 2007–08 GLR N [28]

Questioning of suspects. See CRIMINAL LAW (Assault—excessive force by police officer)

Responsibility to road users

duty of care

no duty of care to protect road users from known road hazards—liability contrary to public policy: De Carteret v. States (Royal Ct.), 2003–04 GLR 612

Special material

production order

decision of judge, exercising power granted to Bailiff under Police Powers and Criminal Evidence (Bailiwick of Guernsey) Law 2003, Schedule 1 to order production of special material, not decision of court (no customary rights of appeal)—amenable to judicial review on usual grounds: Bell v. Judge of Royal Ct. (C.A.), 2016 GLR 77

judge to give reasoned explanation for considering requirements under Police Powers and Criminal Evidence (Bailiwick of Guernsey) Law 2003, Schedule 1 to be met—if reasons insufficient, court may infer from information provided to judge by applicant—information to be considered as whole: Bell v. Judge of Royal Ct. (C.A.), 2016 GLR 77

may be made under Police Powers and Criminal Evidence (Bailiwick of Guernsey) Law 2003, Schedule 1 if judge satisfied from information provided by applicant that access conditions met (Schedule 1, para. 2(a)); other methods of obtaining information failed (para. 2(b)); and in public interest (para. 2(c))—applicant to make full and frank disclosure: Bell v. Judge of Royal Ct. (C.A.), 2016 GLR 77

order not invalid if not justified in respect of certain listed items—when making order, judge not required to determine, in advance, value of individual items of evidence—order may be varied at later date: Bell v. Judge of Royal Ct. (C.A.), 2016 GLR 77

Status of police officer

vicarious liability of States

States and Home Department not vicariously liable for police officer’s actions—officer fulfils duties as public servant in own right and therefore to be sued personally—not employed by States or Home Department because fails to satisfy any of common law tests for “servant”—status incompatible with agency: Le Huray v. States (Royal Ct.), 2011–12 GLR 61

States and Home Department not vicariously liable for torts of police officers who, though public servants, carry out operational duties (e.g. arrest, detention and charge) as independent officials under law not as employees—officers remain personally liable: Le Huray v. States (Royal Ct.), 2011–12 GLR 396

Surveillance assisting police. See EVIDENCE (Surveillance—hidden camera)

Vicarious liability of States. See Status of police officer—vicarious liability of States