Wednesday, 9 December 2015

Mark Duggan case ~ no judicial review of College of Policing guidelines

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

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