tag:blogger.com,1999:blog-6110794854146484721.post3711670563949058164..comments2024-03-29T08:05:56.264+00:00Comments on Law and Lawyers: The Ian Tomlinson case - further controversyObiterJhttp://www.blogger.com/profile/04544226917595022902noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-6110794854146484721.post-42957366547220168012010-10-05T10:50:45.750+01:002010-10-05T10:50:45.750+01:00Rex - I think it is significant that both the Toml...Rex - I think it is significant that both the Tomlinson family and also supporters of the officer appear to agree that the disciplinary hearing should not be held before the inquest.<br /><br />I accept what you say about the various processes having their own purposes. Neverthless, I believe that the balance favours delaying any disciplinary proceedings until after the inquest.<br /><br />There is, I would argue, a need for a <a href="http://www.bailii.org/uk/cases/UKHL/2004/10.html" rel="nofollow">Middleton-compliant inquest</a> into this matter. It has not been positively determined that Mr Tomlinson died as a result of the act of a State official but it is certainly arguable that his internal injury was caused by the way he fell having been pushed from behind albeit that he died a short distance away from the scene of the pushing.ObiterJhttps://www.blogger.com/profile/04544226917595022902noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-61185826479704211202010-10-04T22:41:34.652+01:002010-10-04T22:41:34.652+01:00The professional standards expected of police offi...The professional standards expected of police officers are not the same as the standards of criminal law nor are they the same as those expected at inquest. At its lowest, an officer can be uncivil without being in breach of the public order acts. They may use a level of force not being proved inappropriate to the criminal standard, but in breach of regulations or standing orders. There is no automatic link. We have seen offciers found not guilty of excessive speeding on the public highway, yet in breach of the professional standards expected of police officers. The Independent Police Complaints Commission has recently reissued Statutory Guidance on these matters. PC Harwood may have acted inappropriately in any manner of ways, or he may not. The inquest is not the forum to discuss his personal circumstances. I favour the seapartion of the processes, each having its own outcomes.rex_imperatornoreply@blogger.com