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Since joining 3 Serjeants’ Inn a large amount of James’ practice has involved advising and representing police forces across the country in the full range police related litigation.
Civil Actions Against the Police
Representing forces in actions for wrongful arrest, unlawful searches, damage to property, discrimination and victimisation.
Recent experience
Harrold v Wiltshire Police and IPCC - striking out claim of negligence, racial discrimination and victimisation against the police for the manner in which they had conducted an investigation into an alleged assault on the Claimant’s daughter.
Civil Applications
James has built up a significant experience of police civil applications including: ASBOs, DBOs, RSHOs, SOPOs, VOOs, ‘Crack House’ and Anti Social Behaviour Closure Orders, Forced Marriage Protection Orders, Football Banning Orders and Cash Seizure under POCA. James appears both in the Magistrates’ Court and on appeal to the Crown Court and the Divisional Court.
Recent experience
Cambridgeshire Police v Lunn (2009) - Appeal against a RSHO where all but one of the incidents related to historic allegations in the early 1990s of sexual abuse by the appellant of his prep school ‘cello students. The Crown Court found all allegations proved (where the Magistrates’ Court had not), made a RSHO for the duration of appellant’s life and awarded the police its full costs.
Covert Surveillance and Interception of Communications
Advising police forces on the application of the powers under the Regulation of Investigatory Powers Act 2000 and related legislation.
Recent experience
Advising a police force on the use of its powers under RIPA for anti-corruption and misconduct investigations including online surveillance.
Disclosure
Representing police forces in the High Court and the County Court on applications to withhold disclosure of statements and police documents for reasons including of risk to a member of the public or Public Interest Immunity.
Recent experience
Representing a police force in a high profile Forced Marriage Protection Order application and seeking an order not to disclose police documents due to risk of harm to the victim.
Human Rights
James has experience of advising on claims under the Human Rights Act 1998 and the application of the HRA to other areas of his practice. He has particular experience of advising on the effect of Articles 2, 6, 8 and 10.
Inquest and Inquiries
Representing police forces at inquests throughout the country including jury inquests and Article 2 inquests.
Judicial Review
Representing police forces in judicial review proceedings.
Operational Advice
James offers advice on all aspects of policing including the application of legislation, case law and guidance and is comfortable with sensitive and restricted material.
Shotgun and Firearms Licensing
Representing police forces in shotgun and firearms licensing appeal hearings.
Police Discipline
Advising and representing forces at police misconduct hearings.
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