Hostname: page-component-84b7d79bbc-x5cpj Total loading time: 0 Render date: 2024-08-01T17:53:36.937Z Has data issue: false hasContentIssue false

Civil Liability for Abuse of the Criminal Process: Downstream of Three Rivers

Published online by Cambridge University Press:  24 November 2003

Get access

Extract

If the criminal justice system malfunctions and causes someone damage, when can the victim sue the person responsible?

To this question, the traditional answer is “almost never. If the malfunction consists of imprisoning someone who was innocent, or prosecuting them without due cause, there is no civil liability except for acts done in bad faith; liability for merely negligent behaviour is excluded, on grounds of public policy. Where the malfunction consists of failing to catch a criminal who celebrates his continued freedom by causing further damageor in releasing one with similar effectthe same is true a fortiori, because the case is further complicated by issues of causation and novus actus interveniens. Thus in Hill v. Chief Constable of West Yorkshire [1989] A.C. 53 the House of Lords ruled that the Yorkshire police, however negligent, were not liable for their failure to catch the Yorkshire Ripper.

Type
Case and Comment
Copyright
Copyright © Cambridge Law Journal and Contributors 2003

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)