Page 33 - Top Cover Issue 8

TOP COVER ISSUE 8 33

comment or criticism of the PIP process. were a reasonable safeguard to prevent issuing a final version of its proposed
The jury’s verdict was challenged improper conferring (i.e. that outside the guidance in February 2015. Whilst
arguing that the coroner had misdirected guidance). there are parts of the APP that can be
them on the law. The argument was The court was satisfied that the current improved, the proper approach is to
rejected in the High Court on 14 four-stage process for obtaining accounts, sit down with the other stakeholders
October 2014. requiring short initial accounts on the and discuss and seek to agree common
Judgment of the Court of Appeal day and detailed statements after a period ground. The IPCC should consider the
in the separate judicial review on of 48 hours, was reasonable. The court detailed joint response provided by the
the conferring issue was given on 19 said the IPCC proposal that principals Police Federation and Superintendents
December. The court dismissed the be required to provide a detailed first Association. It should take into account
argument. It did so on legal reasons and account was a “matter of considerable the hybrid status of officers who have
on practical reasons. The court referred to controversy” and one that should not be fired in the line of duty, the Home Office
the amendment to the ACPO guidance resolved in court. The court also stated experts who advise that requiring an
now contained in the College of Policing that the arguments about conferring and early detailed account is wrong, the fact
Authorised Professional Practice Armed separation were “difficult to understand” that firearms officers are volunteers, and
Policing made in September 2014 and that ACPO’s current guidance could that as witnesses enforced separation
requiring a senior officer to be present not “conceivably be said to prejudice the is tantamount to unlawful arrest and
during the preparation of initial accounts independence of investigations carried treating as if a suspect.
and detailed statements to ensure out by the IPCC.” For over 50 years, Slater and Gordon
integrity of the process. The court’s view These judgments should have been has prided itself on providing great
was that it was impractical to separate enough to put to rest the suggestion value legal services to police officers and
all officers and that the new integrity that radical change to the guidance personnel. For more information on the
measures went a long way towards is required. However, the IPCC subjects covered in this article or other
reducing the risk of collusion and has indicated it intends to consider legal queries please contact us ■