R (on the application of Delezuch) v Chief Constable of Leicestershire Constabulary; R (on the application of Duggan) v Association of Chief Police Officers [2014] EWCA Civ 1635, [2014] All ER (D) 234 (Dec)
The proceedings concerned two linked applications for judicial review of the lawfulness of guidance issued by the College of Policing as part of its Armed Policing Authorised Professional Practice manual (2014). The Court of Appeal, Civil Division, addressing the applications as a substantive first instance hearing, held that, while there was a risk of collusion prior to an investigation under Art 2 of the European Convention on Human Rights between police officers who had either used force or witnessed its use, in the light of the safeguards that the guidance provided, and bearing in mind that the adequacy of an investigation for the purposes of Art 2 would have to be assessed by reference to all the features of that investigation, the risk of breach of Art 2 to which the guidance itself gave rise was not an unacceptable risk such as justified a finding that the guidance itself was unlawful.
