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R (Burke) v Independent Police Complaints Commission (Defendant) & Commissioner of Police for the Metropolis (Interested Party)




[2011] EWHC 423 (Admin)

QBD (Admin) (Wyn Williams J) 8/3/2011

2011-03-14

COMPLAINTS : INDEPENDENT POLICE COMPLAINTS COMMISSION : POLICE : POLICE INQUIRIES : TIME LIMITS : APPEAL TO INDEPENDENT POLICE COMPLAINTS COMMISSION OUT OF TIME : LAWFULNESS OF REFUSAL TO EXTEND TIME FOR LODGING APPEAL : reg.10(1) POLICE (COMPLAINTS AND MISCONDUCT) REGULATIONS 2004 : reg.10(8) POLICE (COMPLAINTS AND MISCONDUCT) REGULATIONS 2004

The Independent Police Complaints Commission was entitled to refuse to extend time for appealing against a determination by a police commissioner that a complaint against police officers was unfounded where although the complainant might never have received the decision letter he had been dilatory in allowing 16 months to expire after the letter had been sent before making inquiries as to whether the police inquiry had concluded.

Application refused