Police Officer Negligently Drove Police Car Too Close
Posted: Thu Feb 18, 2010 2:50 pm
Police Officer Negligently Drove Police Car Too Close To Motorcycle To Allow Motorcyclist To Safely Dismount
Michael H v. Thames Valley Police, CA, 14/1/10
The Court of Appeal held that whilst it was reasonable for a police officer to use a police vehicle as a means of hindering a suspect's escape, such vehicle should not be used in a manner or to an extent which would create a risk as to the suspect's safety. The instant case was not one which could justify taking a risk of injuring the suspect. In circumstances where it was reasonably foreseeable that the suspect motorcyclist would dismount his motorcycle, the Court of Appeal held that the police officer had not driven his vehicle with reasonable care and skill in driving it so close to the motorcycle that some part of it came into contact with the suspect when he dismounted. In seeking to evade the police once he knew they wished him to stop and in failing to surrender, the suspect was held to be 60% contributorily negligent.
Michael H v. Thames Valley Police, CA, 14/1/10
The Court of Appeal held that whilst it was reasonable for a police officer to use a police vehicle as a means of hindering a suspect's escape, such vehicle should not be used in a manner or to an extent which would create a risk as to the suspect's safety. The instant case was not one which could justify taking a risk of injuring the suspect. In circumstances where it was reasonably foreseeable that the suspect motorcyclist would dismount his motorcycle, the Court of Appeal held that the police officer had not driven his vehicle with reasonable care and skill in driving it so close to the motorcycle that some part of it came into contact with the suspect when he dismounted. In seeking to evade the police once he knew they wished him to stop and in failing to surrender, the suspect was held to be 60% contributorily negligent.
