Debra Powell

CALLED TO THE BAR 1995

Junior Counsel

Police Profile

Background

1976 - 1989 Brighton & Hove High School
1990 - 1993 Nottingham University (BA (Law) 2:1)
1993 - 1994 Research Assistant at the Law Commission

2007 Appointed Treasury Counsel (B panel)

Email: dpowell@3serjeantsinn.com

Directory Comments

Debra is recommended in police law by leading legal directory Chambers & Partners.

"Debra Powell, who is "excellent at drawing out the main points of a case." This "personable and bright" junior has particular experience in mental health matters, recently providing operational advice to the Metropolitan Police on standard operating procedures for dealing with incidents involving persons with mental illness." Chambers and Partners 2012

'While having a full and varied civil actions and disciplinary practice, the highly lauded Debra Powell is also one of the sector's go-to specialists in police pensions work. She comes highly recommended.'....Chambers and Partners 2011

'Debra Powell is noted as a highly impressive advocate and negotiator, who is "very scary if you're on the other side." She wins full market approval.'....Chambers and Partners 2011

Debra Powell maintains a solid practice that covers civil actions and disciplinary work, as well as police pensions work. Chambers and Partners 2010

The "sharp and forthright" Debra Powell has an enviable reputation for high-quality clinical negligence work. Sources note that she is "excellent at handling experts in conference." Chambers and Partners 2010

'Debra Powell is often the first choice for police pensions cases, having acted in a number of related Administrative Court hearings. She is hailed as a national expert on the police side of the argument in this niche area of work.' Chambers & Partners 2009

Nature of Practice

Police practice profile Debra has represented and advised the police service in civil claims and other litigation since she entered practice and has now acted for more than 20 forces around the country.

Civil Actions Involving the Police Claims for unlawful arrest and false imprisonment, malicious prosecution and assault had made up a large part of Debra’s police practice and she has fought more than forty civil trials for the police, the majority of which have been tried with a jury.

Pensions She regularly advises forces on the management of claims for ill-health and injury awards and other issues arising from the Police Pensions Regulations and appears in judicial reviews and Crown Court appeals. Debra is regularly invited to speak on this subject and has given presentations at several national conferences, including the 2002 Association of Police Lawyers Conference.

Judicial Review Debra has represented the police service in judicial review proceedings covering a wide range of subjects, including the adequacy of a supervised investigation into alleged misconduct, the search and seizure of documents from solicitors’ offices, the eviction of New Age travellers and the proposed staying of a criminal trial to protect the identify of an informant (on the informant’s application).

Inquests Debra has extensive experience of appearing in inquests, including jury inquests into deaths in custody.

Discipline Debra also undertakes disciplinary work and building on her knowledge of issues surrounding ill-health in the police service, she has appeared in a number of hearings under the amended Police (Efficiency) Regulations 1999 in relation to unsatisfactory attendance.

Reported and other cases of Interest

Tierney v Chief Constable of Northamptonshire (1999) Northampton County Court (common law power to arrest for obstruction: officer need not have power in mind to exercise it lawfully).

R (Sussex Police Authority) v Cooling and French (interested party) [2004] EWHC 1920 (Admin) (pensions: an officer’s unsuccessful attempts to return to work following a period of suspension were not time spent on duty, and he was not entitled to an injury award)

R (Sussex Police Authority) v Dr Beck [2003] EWHC 1361 (Admin) (pensions: if an officer`s infirmity of mind or body renders him unable to work for a particular police force, he will not be disabled within the meaning of the Regulations if he is able to perform the ordinary duties of a police officer in another police force).

Clinch v Dorset Police Authority [2003] EWHC 161 (Admin) (pensions: depression caused by disappointment at repeated failure to obtain promotion not an injury duty; where a police authority is considering whether to award a policeman’s injury award it must refer the statutory questions to a doctor and may not decide issues of fact or law itself).

Jennings v Chief Constable of Humberside Police [2002] EWHC 3064 (Admin) (pensions: minor injury on duty causing acceleration of onset of symptoms but no aggravation of pre-existing disabling back condition – not entitled to policeman’s injury award).

Hubie v Chief Constable of Humberside Police (2001) Kingston-upon-Hull Crown Court (pensions: depression caused by fear of returning from office work to beat duties not an injury on duty).

Lectures and Seminars

Debra regularly presents seminars to the police service and its lawyers. Topics have included pensions: ill-health and injury awards and the Discrimination Act; the practical implications of the Human Rights Act for British policing; the avoidance and management of civil liability for firearms operations; the use of notebooks and presentation of evidence in court; the use of medical evidence in civil claims against the police.

OTHER WORK .

Debra also specialises in medical and mental health work, acting in negligence claims, inquests, disciplinary hearings, judicial review and related cases. She has appeared as junior counsel at both the General Medical Council and public inquiries into Bristol paediatric cardiac surgery.