5 Essex Court

Jeremy Johnson QC

Call 1994
Silk 2011

Police Law

Recognised as “a genuine police law specialist” (Chambers UK), Jeremy acts for claimants, chief constables, police and crime commissioners and the Independent Police Complaints Commission in all cases involving the police, including public law claims, malfeasance cases, employment claims, disciplinary proceedings and Data Protection/Freedom of Information. He regularly provides advice on policy and operational issues, including in relation to counter-terrorism investigations, the use of covert techniques, the Regulation of Investigatory Powers Act 2000, Special Police Services, Data Protection and Freedom of Information.

Police Law cases include:

DSD v Commissioner of Police of the Metropolis [2018] UKSC, Supreme Court - whether Article 3 ECHR gives rise to a right of action for damages for failures in a rape investigation.

Robinson v Chief Constable of West Yorkshire Police [2018] UKSC, Supreme Court - whether the police owed a duty of care to bystanders when carrying out an arrest in a public place.

Rees and others v Commissioner of Police of the Metropolis [2017] EWHC 273 (QB) - litigation arising out of the investigation into the murder of Daniel Morgan.

Hillsborough Group Litigation - claims arising out of the Hillsborough disaster.

R (Roberts) v Commissioner of Police of the Metropolis [2016] 1 WLR 210, Supreme Court - whether the power of stop and search conferred by s60 Criminal Justice and Public Order Act 1994 is compatible with Arts 5 and 8 ECHR (and whether its use breached Art 14 ECHR).

Mouncher and others v Chief Constable of South Wales Police [2016] EWHC 1367 (QB) - civil claims arising out of the investigation into the murder of Lynette White, and the subsequent prosecution of police officers for perverting the course of justice.

R (Catt) v Association of Chief Police Officers (and another), and related case [2015] AC 1065, Supreme Court - whether the retention of intelligence relating to the claimant’s participation in demonstrations breached Art 8 ECHR. And whether the retention of a police warning letter sent to another claimant breached Art 8 ECHR.

Michael v Chief Constable of South Wales Police and another [2015] UKSC 2, Supreme Court -  whether a duty of care was owed to the maker of a 999 call who was subsequently murdered.

AJA and others v Commissioner of Police of the Metropolis and others [2013] EWCA Civ 1342 - claims brought by women alleging that they had been deceived into having sexual relationships with undercover police officers.

Seal v United Kingdom [2012] 54 EHRR 6 European Court of Human Rights - whether the requirement to obtain the leave of the High Court under section 139(2) of the Mental Health Act 1983 before commencing civil proceedings is compatible with articles 6 and 14 of the European Convention on Human Rights.

R (F and Thompson) v Secretary of State for the Home Department [2011] 1 AC 331 Supreme Court -  whether the regime requiring sex offenders to comply with notification obligations for an indefinite period without a right of review was compatible with article 8 of the European Convention on Human Rights.

R (Purdy) v Director of Public Prosecutions [2010] 1 AC 345 House of Lords -  whether the Code for Crown Prosecutors was sufficient to satisfy the legality requirement of article 8 of the European Convention on Human Rights in assessing how prosecutorial discretion was likely to be exercised in cases of assisted suicide under the Suicide Act 1961.

Secretary of State for the Home Department v AF [2010] 2 AC 269 House of Lords - whether the system of special advocates in control order proceedings, and the linked disclosure regime, complied with article 6 of the European Convention on Human Rights.

R v G [2009] 1 AC 92 House of Lords - whether the offence of rape under section 5 Sexual Offences Act 2003 was compatible with article 8 of the European Convention on Human Rights.

Seal v Chief Constable of South Wales Police [2007] 1 WLR 1910 House of Lords - whether a failure to obtain the leave of the High Court under the Mental Health Act 1983 s.139(2) before commencing civil proceedings rendered those proceedings a nullity.

R (Laporte) v Chief Constable of Gloucestershire [2007] 2 AC 105 House of Lords - whether preventing protestors from attending a demonstration had been a breach of article 10 of the European Convention on Human Rights.