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Lords review police appeal cases | Lords review police appeal cases |
(about 2 hours later) | |
The Law Lords are to review a court finding that police forces failed to protect two men in a case that could affect policing throughout the UK. | The Law Lords are to review a court finding that police forces failed to protect two men in a case that could affect policing throughout the UK. |
Optician Giles Van Colle, 25, was shot dead in London in 2000 before he could give evidence against a former worker. | Optician Giles Van Colle, 25, was shot dead in London in 2000 before he could give evidence against a former worker. |
Hertfordshire Police were found to have breached his human rights but have appealed against the ruling. | Hertfordshire Police were found to have breached his human rights but have appealed against the ruling. |
Sussex Police are also appealing over a finding that it failed to protect a man who was attacked by his former lover. | Sussex Police are also appealing over a finding that it failed to protect a man who was attacked by his former lover. |
Stephen Smith was attacked with a claw hammer but survived. | Stephen Smith was attacked with a claw hammer but survived. |
He had repeatedy warned police in Brighton that his former partner was threatening to kill him. | He had repeatedy warned police in Brighton that his former partner was threatening to kill him. |
Lawyers have said the cases will have an impact on policing and national and local government if the Law Lords agree with previous judgments from the Court of Appeal. | Lawyers have said the cases will have an impact on policing and national and local government if the Law Lords agree with previous judgments from the Court of Appeal. |
'Landmark' ruling | 'Landmark' ruling |
Mr Van Colle was shot dead in 2000 by former employee Daniel Brougham who was jailed for life in March 2002. | Mr Van Colle was shot dead in 2000 by former employee Daniel Brougham who was jailed for life in March 2002. |
He had been employed by Mr Van Colle - who was shot three times at close range - at his shop in Mill Hill. Brougham had been dismissed for stealing. | He had been employed by Mr Van Colle - who was shot three times at close range - at his shop in Mill Hill. Brougham had been dismissed for stealing. |
In a landmark ruling in March 2006, the High Court found there had been a violation of his human rights laws in failing to "discharge the positive obligation of the police" to protect the life of Mr Van Colle. | In a landmark ruling in March 2006, the High Court found there had been a violation of his human rights laws in failing to "discharge the positive obligation of the police" to protect the life of Mr Van Colle. |
This case shows why the Human Rights Act is important to everyone and can bring everyone real protection John Wadham, Equality and Human Rights Commission | |
His family was subsequently awarded £50,000 in damages. | His family was subsequently awarded £50,000 in damages. |
Hertfordshire Police's appeal was dismissed but judges reduced the payout to £25,000. | Hertfordshire Police's appeal was dismissed but judges reduced the payout to £25,000. |
The Van Colle family have also lodged an appeal against the decision to halve the damages. | The Van Colle family have also lodged an appeal against the decision to halve the damages. |
The police accepted disciplinary tribunal findings that the officer in charge of the case had "failed to perform his duties conscientiously and diligently". | The police accepted disciplinary tribunal findings that the officer in charge of the case had "failed to perform his duties conscientiously and diligently". |
But they denied there had been a breach of the human rights of Mr Van Colle or his family. | But they denied there had been a breach of the human rights of Mr Van Colle or his family. |
The House of Lords will hear the case alongside a challenge to a Court of Appeal finding that Sussex Police had been negligent in not protecting Mr Smith. | The House of Lords will hear the case alongside a challenge to a Court of Appeal finding that Sussex Police had been negligent in not protecting Mr Smith. |
Stephen Smith was seriously injured in the attack carried out using a claw hammer. | Stephen Smith was seriously injured in the attack carried out using a claw hammer. |
The Equality and Human Rights Commission, which is represented in the case, said a judgment against the appeal by Hertfordshire Police would result in "significant policy and procedural change within the police force". | |
John Wadham, from the Commission, said a public authority had to take "positive steps to protect the lives of individuals when they know they are risk from a third party". | |
"This case shows why the Human Rights Act is important to everyone and can bring everyone real protection," he added. |
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