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drug-driving convictions overturned - dodgy lab work
cp8759
post Thu, 6 Dec 2018 - 19:19
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https://www.bbc.co.uk/news/uk-england-manchester-46466710


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post Thu, 6 Dec 2018 - 19:19
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peterguk
post Thu, 6 Dec 2018 - 19:29
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What happens about consequential losses, e.g. sky rocket insurance premiums, loss of job etc?


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The Rookie
post Thu, 6 Dec 2018 - 20:43
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They could sue those responsible for any losses.

If the lab could be classed as agents of the Police then I think that would give you a case against the Police.

This post has been edited by The Rookie: Thu, 6 Dec 2018 - 20:44


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Dwain
post Fri, 7 Dec 2018 - 12:41
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Crown immunity ?
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southpaw82
post Fri, 7 Dec 2018 - 13:51
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QUOTE (Dwain @ Fri, 7 Dec 2018 - 12:41) *
Crown immunity ?

For tort?


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Redivi
post Fri, 7 Dec 2018 - 15:44
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From 2011

The closure of the Forensic Science Service has been so rushed that police forces have been forced to turn to untested private suppliers to fill the gap, a police authority has warned.

https://www.theguardian.com/uk/2011/aug/03/...-closure-police

Long predicted
Suddenly it's not such a bright cost-saving idea
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cp8759
post Fri, 7 Dec 2018 - 16:09
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QUOTE (Dwain @ Fri, 7 Dec 2018 - 12:41) *
Crown immunity ?

You want to read up on the Crown Proceedings Act 1947.


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oldstoat
post Fri, 7 Dec 2018 - 17:49
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QUOTE (cp8759 @ Fri, 7 Dec 2018 - 16:09) *
QUOTE (Dwain @ Fri, 7 Dec 2018 - 12:41) *
Crown immunity ?

You want to read up on the Crown Proceedings Act 1947.



rather than leave us guessing, why not just explain what you think the Crown Proceedings Act 1947 adds to the conversation. Are you saying it agrees with any point made here or it disagrees with any point made here?


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cp8759
post Fri, 7 Dec 2018 - 18:05
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QUOTE (oldstoat @ Fri, 7 Dec 2018 - 17:49) *
QUOTE (cp8759 @ Fri, 7 Dec 2018 - 16:09) *
QUOTE (Dwain @ Fri, 7 Dec 2018 - 12:41) *
Crown immunity ?

You want to read up on the Crown Proceedings Act 1947.



rather than leave us guessing, why not just explain what you think the Crown Proceedings Act 1947 adds to the conversation. Are you saying it agrees with any point made here or it disagrees with any point made here?

If it were a complex or obscure point I would expand. But given that it takes all of 5 seconds to google the act and click on the link to the "Liability of the Crown in tort." section, I feel its more beneficial if people just look it up for themselves.


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southpaw82
post Fri, 7 Dec 2018 - 23:19
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QUOTE (cp8759 @ Fri, 7 Dec 2018 - 18:05) *
QUOTE (oldstoat @ Fri, 7 Dec 2018 - 17:49) *
QUOTE (cp8759 @ Fri, 7 Dec 2018 - 16:09) *
QUOTE (Dwain @ Fri, 7 Dec 2018 - 12:41) *
Crown immunity ?

You want to read up on the Crown Proceedings Act 1947.



rather than leave us guessing, why not just explain what you think the Crown Proceedings Act 1947 adds to the conversation. Are you saying it agrees with any point made here or it disagrees with any point made here?

If it were a complex or obscure point I would expand. But given that it takes all of 5 seconds to google the act and click on the link to the "Liability of the Crown in tort." section, I feel its more beneficial if people just look it up for themselves.

+ 1


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Redivi
post Sat, 8 Dec 2018 - 08:49
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Does the liability in this situation come under 2(1) or 2(5) ?

This post has been edited by Redivi: Sat, 8 Dec 2018 - 09:26
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Churchmouse
post Sat, 8 Dec 2018 - 11:17
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QUOTE (cp8759 @ Fri, 7 Dec 2018 - 18:05) *
QUOTE (oldstoat @ Fri, 7 Dec 2018 - 17:49) *
QUOTE (cp8759 @ Fri, 7 Dec 2018 - 16:09) *
QUOTE (Dwain @ Fri, 7 Dec 2018 - 12:41) *
Crown immunity ?

You want to read up on the Crown Proceedings Act 1947.



rather than leave us guessing, why not just explain what you think the Crown Proceedings Act 1947 adds to the conversation. Are you saying it agrees with any point made here or it disagrees with any point made here?

If it were a complex or obscure point I would expand. But given that it takes all of 5 seconds to google the act and click on the link to the "Liability of the Crown in tort." section, I feel its more beneficial if people just look it up for themselves.

And now you've managed to score even more points without answering the question. Surely, you've won the game now?

--Churchmouse
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Fredd
post Sat, 8 Dec 2018 - 11:25
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QUOTE (Churchmouse @ Sat, 8 Dec 2018 - 11:17) *
QUOTE (cp8759 @ Fri, 7 Dec 2018 - 18:05) *

If it were a complex or obscure point I would expand. But given that it takes all of 5 seconds to google the act and click on the link to the "Liability of the Crown in tort." section, I feel its more beneficial if people just look it up for themselves.

And now you've managed to score even more points without answering the question. Surely, you've won the game now?

--Churchmouse

To be fair it takes more like 10 seconds in total, but it's still probably faster than posting just to repeat a spoon-feeding request.


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cp8759
post Sat, 8 Dec 2018 - 16:18
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QUOTE (Redivi @ Sat, 8 Dec 2018 - 08:49) *
Does the liability in this situation come under 2(1) or 2(5) ?

2(5) is about judicial immunity, it doesn't come into it as the forensic laboratory is not a court, nor is it discharging a judicial function. At most they could be seen as agents of the executive (the police being part of the executive branch of the state) so if they are found to be:

1) agents of the police / the Crown / the executive branch of the state, and
b) liable in tort

the losses could be recovered from the Crown under section 2(1). I would hope the Crown would seek to recover those losses from the private companies involved but the track records on such matters is not so good.


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Redivi
post Tue, 11 Dec 2018 - 11:30
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Thank You

That's what I suspected but wasn't sure
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The Rookie
post Tue, 11 Dec 2018 - 13:35
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QUOTE (cp8759 @ Sat, 8 Dec 2018 - 16:18) *
I would hope the Crown would seek to recover those losses from the private companies involved but the track records on such matters is not so good.

Looks like they've already set aside £2M as an initial cost, that includes the fact they are paying for the retests at other labs.


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bama
post Mon, 17 Dec 2018 - 10:34
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retests ?
surely the chain of evidence is somewhat questionable


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Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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The Rookie
post Mon, 17 Dec 2018 - 12:20
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Depends, in many cases a small amount of a test sample is used and the rest stored in which case a retest may well be robust enough.


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