The Divisional Court has handed down its judgment in R (Crompton) v Police and Crime Commissioner for South Yorkshire [2017] EWHC 1349 (Admin). The case rules on decisions of the Police and Crime Commissioner for South Yorkshire, under section 38 of the Police and Social Responsibility Act 2011, to suspend his Chief Constable, and subsequently to require him to resign. The Court quashed the decisions and concluded that the Commissioner had acted irrationally, and in breach of the Chief Constable’s Convention rights.
The case is the first judicial consideration of the powers available to a Police and Crime Commissioner under section 38 of the 2011 Act. In its judgment the Court, also for the first time, concludes that the power of Police and Crime Commissioners under the 2011 Act “to hold to account” the Chief Constables is limited, and will only arise if a Chief Constable has acted irrationally. The judgment can be read here.
Jonathan Swift KC and Joanne Clement (instructed by Bevan Brittan) appeared for the Police and Crime Commissioner.
Clive Sheldon KC and Christopher Knight (instructed by HMIC) appeared for HM Chief Inspector of Constabulary (who was an interested party in the proceedings)
