R (Morrison) v Independent Police Complaints Commission

The High Court has handed down an important decision concerning the investigative obligation under Article 3 ECHR.

The claimant claimed that the IPCC was required by Article 3 to conduct an independent investigation into his allegations that the police had assaulted him, and could not merely direct that the police force in question investigate the allegations.

Nicol J dismissed the claim, holding that the State’s investigative obligation under Article 3 is otherwise met by the availability of criminal proceedings against the police officers in question and the claimant’s right to appeal to the IPCC if dissatisfied with the police investigation.

Beverley Lang QC and Iain Steele acted for the IPCC. Tom Weisselberg acted for the Home Secretary as Intervener.