Hearings
England & Wales
30 May 2022 [2022] EWHC 1288 (Admin); [2022] 4 WLR 80; [2022] 3 All ER 520; [2022] WLR(D) 238, DC (Dame Victoria Sharp P, Bennathan J)
R (Balkwell) v Chief Constable of Essex Police
Subject Matter
HUMAN RIGHTS — Life — State’s duty to investigate death — Claimant submitting complaints about adequacy of police investigation into deceased’s death — Independent reviews highly critical of original investigation and making numerous recommendations — Deceased’s employer thereafter convicted of health and safety offence — Police admitting breach of investigative obligation — Claimant’s request to reopen investigation on basis of alleged new evidence refused — Whether closure and refusal to reopen investigation giving rise to further breaches of duty — Circumstances in which new evidence reviving investigative obligation — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 2
[2022] EWHC 1288 (Admin); [2022] 4 WLR 80; [2022] 3 All ER 520; [2022] WLR(D) 238, DC
Commentary
Blackstones Criminal Practice 2025
Investigation of Crime - Duty to Investigate Crime Effectively
A7.23