The Weekly Law Reports
[2004] 3 WLR 451
Court of Appeal
Attorney General's Reference (No 3 of 2003)
[2004] EWCA Crim 868
2004 Jan 29,
30;
April 7
April 7
Pill LJ, Hughes and Aikens JJ
Crime
— Common law offence
— Misconduct in public office
— Arrested person dying while in police custody
— Recklessness as to risk to deceased's welfare
— Elements of offence
— Whether recklessness as to existence of duty to act sufficient
— Whether concept of “bad faith” relevant