Negligence Update – Duties of Care and Public Policy
What is the duty of care that a police force owes to the citizens they protect? Should the police be liable if they fail to detect a crime? What if the police fail to act and this causes an injury? Do the police have a duty to protect victims or witnesses of crime? What if the police give a firearm to an officer who is unstable? The answer to all these questions for the most part has been that the police have no duty of care. In other words, any of these failures could happen and it would be difficult or impossible to bring a claim for compensation. That has been the case up to now, but change seems likely to follow after a Supreme Court judgment in February. The law that has changed relates to policy factors and when it is fair, just and reasonable for a duty of care to be owed.