Category: suicide

State’s duty to investigate

Regina (JL) (a Youth) v. Secretary of State for the Home Department

Court of Appeal

“Where there was a near death or death in custody the state was obliged to investigate the facts and explain. It was not for the victim or family to establish some arguable case before that investigation took place.”

The Times, 2nd October 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication

R (JL (by the Official Solicitor as litigation friend)) v. Secretary of State for the Home Department  

“Where there had been a death or near death in custody the state was obliged to conduct an enhanced investigation commenced by a person independent of those implicated in the facts. If the investigator found that the state or its agents potentially bore responsibility and that it was not plain that they could bear no responsibility it would be necessary to hold a further inquiry in the nature of a public hearing in which the next of kin or injured person could play a part.”

WLR Daily, 24th July 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.