Establishing liability for police negligence: a comparison of approaches in Australia, Canada, New Zealand and the United Kingdom

Shircore, Mandy (2013) Establishing liability for police negligence: a comparison of approaches in Australia, Canada, New Zealand and the United Kingdom. In: Law on the Edge Abstracts. From: Law on the Edge, 1-4 July 2013, Vancouver, BC, Canada.

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Abstract

The effectiveness of the law to provide compensation and accountability to victims of police negligence varies across the common law jurisdictions of Australia, Canada, New Zealand and the United Kingdom. Partly this is due to different conceptualisations of the role of police investigative work and the relevance of policy considerations to the existence and scope of the duty of care owed by police to individual members of the public. Partly it is due to the different tests that have been established for duty determinations in novel situations. The purpose of this paper is to analyse and compare the socio-legal aspects of police negligence litigation in Australia, New Zealand, Canada and the United Kingdom. The contrasting approaches of the United Kingdom (where protection of police from liability is arguably at its highest) and Canada (where there is limited protection of police from liability) will be used to assess the developing approach to police negligence in Australia, where recent litigation has highlighted continued uncertainty.

Item ID: 32293
Item Type: Conference Item (Presentation)
Keywords: police negligence; immunity; australia; united kingdom
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Date Deposited: 16 Apr 2014 03:58
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180126 Tort Law @ 100%
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