Source: All England Reporter
Publisher Citation: [2009] All ER (D) 113 (Aug)
Neutral Citation: [2009] EWHC 2083 (Admin)
Court: Queen's Bench Division, Administrative Court (Cardiff)
Judge:

Judge Jarman QC sitting as a judge of the High Court
Representation John McGuinness QC and David Lock (instructed by Lake Jackson) for the claimant.
  John Beggs QC and Amy Street instructed by and for the defendant.
Judgment Dates: 15 May 2009

Catchwords

Police - Dismissal - Probationer constable - Decision to dismiss - Claimant being investigated for offences of rape and attempted rape about a year after joining police force as office holder and probationer constable - No charges being brought against claimant - Claimant being subjected to investigation by senior police officers - Defendant deciding to dismiss claimant on ground of unfitness - Whether decision based upon defective reasoning - Whether decision result of procedural irregularity - Police Regulations 2003, SI 2003/527, reg 13 - European Convention on Human Rights, art 8.

The Case

Police Dismissal. Queen's Bench Division, Administrative Court (Cardiff): The court dismissed the claimant's application for judicial review of the decision by the defendant, the Chief Constable of Gwent, dismissing him as a probationer constable under reg13 of the Police Regulations 2003, SI2003-527. Amongst other things, the court stated that the decision was not based upon defective reasoning and was not the result of procedural irregularities.

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