R v Chief Constable of Merseyside Police, ex p Calveley [1986]

Facts

  • A complaint was made against Calveley for abusing a detainee in custody
  • It was required that a police officer is told of any complaints immediately
  • Calveley was not told for 2 years, at which point he was dismissed without notice

Issue

  • Could Calveley bring a judicial review claim on such a matter, given that there was a statutory process also in place

Decision

  • Yes, claim successful, decision to dismiss quashed

Reasoning

  • In exceptional circumstances, one being that of a 2 year delay, judicial review may be used in place of a statutory process
RELATED CASE  O'Reilly v Mackman [1983]

Posted in Public Law Revision Notes.

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