ABSTRACT
Apart from this potent sanction (discussed in previous chapters), there are other ways in which misconduct by the police may be dealt with. In the more extreme cases where, for instance, property may have been damaged unnecessarily by officers during a search or where excessive or unnecessary force was used in the exercise of their powers, a criminal prosecution could ensue, especially where the damage or any injury was severe or, in the latter instance, even fatal. With regard to fatalities, it is mandatory for a coroner to empanel a jury for an inquest where a person has died as a result of injuries inflicted by the police or where a person has died in police custody. In more recent years, a small number of police officers have faced homicide charges arising from such proceedings. However, such cases are comparatively rare, and include the situation where non-fatal harm is inflicted; it is, therefore, more common for civil action to be taken against the police in appropriate cases. Whilst breaches of the provisions of PACE or the Codes of Practice do not necessarily give rise to criminal or civil liability, a breach may be relevant in other actions and taken into account by the courts.10
