This category contains 398 posts

Hicks v The Commissioner

Another post on some recent case-law that arises from an incident which was nothing to do with policing and mental health.  However, upon learning of it strikes me as very relevant to the way in which officers use their Common Law power to prevent a breach of the Queen’s Peace.  I submit that all officers … Continue reading

More Thoughts on Mr Webley

I’ve been thinking since the weekend about the recent judgment of Webley v St George’s (2014) the subject of my most recent post.  I’ve come back to it again because the more I’ve thought about it, the more it raises a whole host of problems of a legal and practical kind. I want to explore … Continue reading

Webley v St George’s (2014)

The police were called in April 2010 to the home of Mark WEBLEY in London.  During the incident, he appeared agitated and threatened police officers with furniture before then climbing on to a window ledge, with the appearance that he would try to jump.  Officers restrained him to prevent him harming himself, he was arrested for … Continue reading

Barricades, Weapons and Hostages

This last week has brought a number of queries about the role of the police in restoring or maintaining order on psychiatric wards where disturbances have occured. This is a difficult and controversial subject because we have seen incidents on wards involving the police which have then become subject to protracted inquiries after deaths in … Continue reading

Inquiry and Review

The government have today announced a review of sections 135 and 136 of the Mental Health Act 1983. This does not appear to be something that individuals can directly contribute to but the press release from the Secretary of State for Health makes it clear that this is a joint review with the home office and … Continue reading

After Cheshire West

We saw last week’s judgment from the UK Supreme Court on deprivation of liberty safeguards in the case that became known as “Cheshire West” – it may be worth refreshing your memory about the ruling ahead of this post unless you’ve follow the issue as keenly some.  I’ve spent the week watching with interest as … Continue reading

Overcoming Inertia

Imagine a world in which the NHS mental health system endures a particular kind of problem which centres around the police consistently not doing their job or not doing it properly. Imagine an issue of some importance to mental health professionals and patients alike, because it concerns their safety and their physical integrity – the … Continue reading

Civil Contingencies Act 2004

If you ever find yourself at a literary loose end - perhaps shortly after you’ve exhausted all of your Dostoevsky and your Mills and Boon – you could turn your hand to the less-than-riveting read of the Civil Contingencies Act 2004.  I will admit: it’s not really a page-turner and there’s no interesting plot twist toward … Continue reading

A Gilded Cage Is Still A Cage

The long-awaited judgment in “Cheshire West” case was made public yesterday.  It is being seen as a somewhat radical decision in the extension of protection to vulnerable people and it all concerns the phrase “deprivation of liberty” for the purposes of the Mental Capacity Act 2005. So anticipated was this verdict that mental health professionals … Continue reading

Ever Greater Utility

Imagine you are driving your car along a main road in my policing area and you manage to transgress a red traffic light, having recognised too late that you were approaching a controlled junction. I’ve spotted this violation and pull you over just after the junction with a colleague. Imagine the interaction went like this … Continue reading


Michael Brown

Michael Brown