Police Officer Acquitted of Improper Use of Powers
Annie Lawrence successfully defended a South Wales Police Officer charged with improper use of police powers and privileges, unauthorised access of computer material and perverting the course of public justice. Rina Hill of 23ES was instructed.
A referral was made to the Independent Office of Police Conduct (IOPC) in 2021 that our client had engaged in a relationship with somebody he had met during the course of his employment with South Wales Police, who was a victim of domestic violence. It was later alleged that he provided a false account about his relation to the IOPC and encouraged his ex-partner to provide the same false account.
The trial was before the Recorder of Cardiff at Merthyr Crown Court. The defence team at the conclusion of the Crown’s case successfully submitted that there was no case to answer in relation to the charges of improper use powers and privileges and unauthorised access to computer material. The submission was advanced on the following basis:
- Improper exercise of police powers and privileges contrary to S.26 Criminal Justice and Courts Act 2015, requires evidence that a police constable has exercised a power or privilege improperly, for the purpose of achieving a benefit for themselves or a benefit or detriment to another person, for the purpose of this subsection a benefit or detriment means any benefit or detriment whether or not in money or other property. The defence submission was that a relationship was not money or other property as defined by the act and that a narrow interpretation was the correct one.
- The defence submission in relation to the unauthorised access of computer material, was that there was clear evidence of a policing purpose on each occasion and having an ulterior motive did not negate the policing purpose
The remaining count of perverting the course of public justice was considered by the jury and they were unable to reach a verdict. No retrial was sought by the Crown Prosecution Service.
