Guilty - not us m'Lud

A driver, scared by the antics of a car which chased him for 7 miles on a motorway, dialled 999 and reported the incident to the police.

The advice he received was to stop because he was being pursued by police officers.

Now Strathclyde Police have been heavily criticised  by the Police Complaints Commissioner who has  declared that the stop was not legal.

The police vehicle concerned was unmarked, did not have any visual or audible warning systems and the officers within were not in uniform.

After stopping the car the plain clothed officers went on to question the driver while their cars sat on the hard shoulder of the motorway.

The Commissioner reminded the force that under the Road Traffic Act, only uniformed officers can require a vehicle to stop

He also cited guidance from the Association of Chief Police Officers (ACPO)  which prohibits the use of unmarked vehicles that do not have audible or visual warning equipment.

Continue reading the main story

“Start Quote

We cannot and will not accept that the officers acted illegally or without any legal basis”

Dep Chief Constable Campbell CorriganStrathclyde Police

Further, Police Complaints Commissioner for Scotland, Professor John McNeill, described the way Strathclyde Police handled three out of four complaints from the man as "poor". He went on to say "I am happy to say that this man's experience is not typical of what I have seen elsewhere in Scotland".

However, a senior officer from Strathclyde Police has stated that the force "cannot and will not accept that the officers acted illegally or without any legal basis", that they believed "this assertion to be wrong", although they did admit that "The officers did act outwith ACPO guidelines"

Apparently the Strathclyde officers considered the manner of the man's driving of greater risk to the public than their chasing him on the motorway.

Links to this story

• BBC website http://www.bbc.co.uk/news/uk-scotland-glasgow-west-17770342
• Manchester Wired  http://www.manchesterwired.co.uk/news.php/1423303-Strathclyde-Police-car-pursuit-on-motorway-was-illegal
• Scottish Law Reporter  http://scottishlaw.blogspot.co.uk/2012/04/strathclyde-police-vehicle-stop-had-no.html
• Daily Record  http://www.dailyrecord.co.uk/news/scottish-news/2012/04/19/strathclyde-police-blasted-over-high-speed-chase-where-unmarked-car-pursued-scared-driver-for-seven-miles-86908-23830114/
• STV  http://local.stv.tv/glasgow/304031-help-999-im-being-followed-by-a-speeding-car-yes-we-know-its-us/
• Evening Times  http://www.eveningtimes.co.uk/mobile/news/drivers-terror-as-cops-follow-him-for-7-miles.17356993

Comment

The attitude of Strathclyde Police to the Police Commissioner and his report displays the same arrogance they show in the case of applicants to the force who have colour vision which differs from the "norm".   Colour vision in recruitment is a matter set in law by the Police Regulations and a determination of the Scottish Ministers.   Yet Strathclyde Police continue to claim that they can ignore the law and make make up their own discriminatory standards. 

Killie man sues cops

 - from the Kilmarnock Standard January 2011

A Kilmarnock man who was rejected by Scotland's biggest police force for being colour blind is suing the Chief Constable for sex discrimination.

Graeme McCullie, 31, along with Robin Dixon, 28, from Hamilton, began his case against Strathclyde Police on Tuesday.

Both men applied to join the force and went through a rigorous selection process. However they were told they were unsuitable to join the force because of their colour blindness.

The pair who are pursuing their case before employment judge Paul Cape, claim Strathclyde Police's decision is discriminatory because more men than women suffer from the condition.

Yesterday evidence began in the case, which is being contested by Strathclyde Police. The force claims people who are colour blind could not carry out some police duties.

The first witness was Dr Sushma Acquilla who was appearing as a witness for the two claimants.

She gave technical evidence relating to the number of people in the population who suffer from colour blindness.

But after a number of questions the case was halted by employment judge Cape because the statistics she referred to related to the world and not specifically to Scotland.

Mr Dixon has previously a disability discrimination claim against Strathclyde Police in a failed application in November 2006.

The complaint was rejected by a Glasgow employment tribunal in August 2006 on the grounds it was time-barred.

Mr Dixon then discovered he may be able to pursue an indirect sexual discrimination case after reading of a case in England of a colour blind police officer who raised an action against Hertfordshire Constabulary.

Broadcaster finds Tribunal "stressful"

Miriam O'Reilly, a onetime presenter of the Countryfile programme on BBC TV,  said she had endured "an incredibly stressful 14 months" since launching a claim at an Employment Tribunal. (related BBC News story)


Yesterday Miriam received the outcome of her claim in which she had successfully argued that she had been a victim of ageism and of victimisation.


If Miriam found 14 months "incredibly stressful", spare a thought for Robin Dixon and Graeme McCullie who have been in Tribunal, not for months but for years. 


But after enduring years of Tribunal preliminaries the two men will, at long last, have a chance to have the merits of their cases heard at an Employment Tribunal hearing commencing in Glasgow on Monday 17th January 2011.

Tribunal in the offing

It may have been 2009 since the last posting on this site but the Tribunal involving Robin Dixon and Graeme McCullie v Strathclyde Police remains ongoing.

There has been some business relating to this tribunal in the period since our last posting but it has been generally "behind the scenes" and very very slow moving.

What we are able to report is that the full Tribunal Hearing is scheduled to commence later this month, January 2011, with 10 days allocated for the hearing.

Hopefully this will bring the direct and indirect matters relating to the subject matter of the Hearing to a head.

Stuck in the Mud

Back in July of 2008 - we reported "After a very significant delay, a claim of Sex Discrimination against Strathclyde Police continued yesterday (14th July 2008)".

Well, sadly, we were unable to report such progress in July 2009 - nor even now as we enter September 2009 with signs of the first leaves of Autumn.

Of course, beyond July 2008, the newspapers and online legal websites reported that the Tribunal had granted Robin Dixon the right to join Graeme McCullie in having all the facts of his case against Strathclyde Police heard in a full Tribunal hearing. Since then, very little has happened.

There were expectations that these cases would be completed by July of this year and this expectation was being reported back to AbsolutelyPC from within Police forces in other parts of Scotland.

The fact is that no date has yet been set for a full Tribunal hearing. That means it is likely that the Autumn leaves will not only have fallen by the time a hearing takes place, they will also all have been swept up.

We read today of a group of elderly people who were delayed when visiting a special performance of the Tattoo at Dumfries House recently - because a Strathclyde Police horse box had become stuck in the mud. The Tribunal's a bit like that too. I guess that's what we've come to expect from Strathclyde's Finest !

Colour Vision and South Yorkshire Police

Colour Vision Defects
Reference number: 20080511
Request date: 28 November 2008
Response date: 21 January 2009

Request details:

1. Has South Yorkshire Police service complied with Home Office Circular 25/2003 in respect of applicants to become a police officer with a colour vision defect.

2. If yes, do you accept recruits with (a) mild, (b) moderate and (C) severe colour vision defect.

3. If no, what standard do you apply for applicants to become police officers.

4. Please indicate the number of male and female officers who have been appointed by you since 2003 who have been identified as having colour vision defect.

5. What 'coping strategies' (Home Office Circular 25/2003) have you incorporated into your training/operational policies for officers who have been identified as having a severe colour vision defect.

Exemptions Applied: NONE

SYP response:

1- Has South Yorkshire Police service complied with Home Office Circular 25/2003 in respect of applicants to become a police officer with a colour vision defect.
South Yorkshire Police have complied with the Home Office Circular 25/2003 in respect of applicants becoming a police officer with a colour vision defect.

2- If yes, do you accept recruits with (a) mild, (b) moderate and (C) severe colour vision defect.
Please find attached a copy of the South Yorkshire Police Eye Sight form which outlines the levels of defect that are accepted.

3- If no, what standard do you apply for applicants to become police officers.
Not Applicable.

4- Please indicate the number of male and female officers who have been appointed by you since 2003 who have been identified as having colour vision defect.
South Yorkshire Police do not collate any statistics with regard to the numbers of colour defects, regardless of the type of deficiency.

5- What 'coping strategies' (Home Office Circular 25/2003) have you incorporated into your training/operational policies for officers who have been identified as having a severe colour vision defect.
South Yorkshire Police have no specific "coping strategy" in relation to this, Reasonable adjustments would be made on a case by case basis, dependent upon the level of defect in line with the Disability Discrimination Act (DDA) 2005 [1]. Please find attached a copy of the South Yorkshire Police policy [2] and procedural instruction [3] for Managing Disability which would give guidance in such cases.

Please note – This policy and subsequent procedural instruction is currently under review.

I hope the information we have provided is of help to your enquiries and I would like to take this opportunity to thank you for your interest in South Yorkshire Police.

Source URL: http://www.southyorks.police.uk/foi/disclosurelog/20080511

Links:
[1] http://www.opsi.gov.uk/acts/acts2005/ukpga_20050013_en_1
[2] http://www.southyorks.police.uk/sites/default/files/20080511 - Policy - Managing Disability.pdf
[3] http://www.southyorks.police.uk/sites/default/files/20080511 - Procedural Instruction - Managing Disability.pdf

Contacting Absolutely PC

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