23/06/2019
Kyah Mufti defended a young man, CA, in this case where the police officer intending to conduct a search of CA under the Misuse of Drugs Act 1971, had begun to handcuff CA without explanation or reason.
CA’s consequent struggle with the police, and the manner in which he had to be apprehended after running away, resulted in two officers being injured. The intended search was not conducted. CA was charged with two counts of Assault PC and one of Obstructing a Search.
The case involved cross examination of two officers regarding police powers, stop and search, what the lawful use of handcuffs is, and their conduct on the night in question. It was established in cross examination that the officer dealing with CA had sought to use handcuffs whilst CA was being compliant and calm. The court found that the officer’s conduct was not a lawful use of police power, and therefore that the officer had not been acting in lawful execution of their duty.
Dominique was instructed by Tom Sampford and Rosie Brown from Trowers & Hamlin to represent Homes in Somerset in an inquest into the death of man who was killed by his neighbour. The BBC has written about the inquest here.
This week’s Dekagram covers the court system from top to bottom, domestically and internationally. Sarah Prager KC examines two recent decisions of the Court of Justice of the European Union relating to air travel, a decision considering the enforcement jurisdiction of the County Court, and…
In this week’s dekagram Dominique Smith examines the all-important topic of Part 36 offers, and the knotty question of whether and how they can be withdrawn, whilst Russell Wilcox considers what currency costs orders should be made in. When can a Part 36 Offer be…
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