THE House of Lords last week ruled the police were not liable to pay damages for failing to act on threats which led to the murder of a witness.
The Law Lords upheld two appeals by police to establish the extent of their obligations to protect people in the face of known threats.
The two appeals gave rise to a common problem, that if the police are alerted to a threat to kill or inflict violence, and take no action, and the victim is then killed or subjected to violence, may the victim or his relatives obtain civil redress against the police?
Police forces, public authorities and their insurers, will be relieved this judgment went their way.
If it had not, it would have had the potential to cost millions of pounds in damages and legal expenses.
Threats to witnesses are a common problem, and the police are often placed in an impossible position when consid- ering whether or not to act on the threats. If the appeals had been refused, police forces would have been faced with the prospect of having to devote excessive time and attention to complaints or being constantly under the shadow of threatened litigation.
Witness protection policies would have had to be extended to encompass dealing with all levels of threats, both perceived and actual.
MARTIN FORSHAW is a partner and head of the police unit at law firm Weightmans.





