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  • Police Complaints, openness of evidence - key case at Court of Appeal

  • 01 Mar 2002
  • PCA appeals decision to disclose evidence to man hit twice by police car.

    Liberty intervening; Home Secretary, CPS among interested parties Tuesday 5th March (time TBC)
  • Liberty will be intervening on Tuesday in the case of R (Green) vs Police Complaints Authority at the Court of Appeal. Anthony Green was knocked off his bicycle and run over by an undercover police officer.

    Mr Green's solicitor, Peter Mahy of Howells in Sheffield, won a High Court decision that the Police Complaints Authority should hand over the video and other documentary evidence before they make the decision on whether the officer should face disciplinary charges. (The PCA previously ruled that he shouldn't face a disciplinary hearing, then decided to look at the decision afresh).

    Liberty has long argued for the importance of a genuinely accountable police complaints process, including greater transparency in general and more openness when dealing with complainants in particular.

    Thus, for example, witness statements and other evidence should be open for complainants to see - based on a presumption of openness with limited scope for exceptions, not vice versa. We will be making representations to the court on this point.

    The case has aroused widespread interest. The Home Secretary (arguing that there's a wide potential impact across public services), the Chief Constable of South Yorkshire and the officer involved in the incident, DS Lawrence, have all been named as interested parties. Liberty have intervened, and the Crown Prosecution Service have also sought permission to intervene.