MPA decision on financial support for the family's and police officers' legal costs in Roger Sylvester Inquest Judicial Review

23/04
25 March 2004

The Metropolitan Police Authority today decided to pay the legal costs of Roger Sylvester’s family and eight Metropolitan police officers during a judicial review into the verdict of unlawful killing reached by the inquest into the circumstances surrounding his death.

The decision to fund the officers’ costs is dependent on legal advice that it is also possible for the Authority to fund the Sylvester family’s costs.

The Authority overturned a previous decision made by the MPA’s co-ordination and policing committee on 15 March to fund only the officers’ costs.

Toby Harris, MPA chair, said:

“Our decision today to fund legal fees for the eight officers does not imply support for them in their action to seek a judicial review to challenge the verdict of the inquest jury.

“However, those proceedings might help define what is meant by legal restraint, as exercised by officers on operational duties, and clarify how and when it should be used. It may also answer some of the outstanding questions and concerns raised by Roger’s family over the circumstances surrounding his death.

“The inquest verdict of unlawful killing vindicated their concerns over his death. We therefore felt it important to fund the family’s legal fees during the judicial review so that they may properly pursue their case for full disclosure of the facts during those proceedings.

“We are also very clear that we should be even-handed in our treatment of both the Sylvester family and the eight police officers involved in the case.”

Notes to editors

1. The co-ordination and policing committee on 15 March was asked to consider whether to fund the officers' legal costs. Members were informed of the relevant Home Office guidance (HO Circular 43/2001) and it was noted that there was a presumption in favour of granting funding. Following discussion, the matter was put to the vote and it was decided (by a majority of five votes to one, with two abstentions) that the legal costs incurred by the officers in the judicial review proceedings should be paid from the police authority fund.

2. Standing Order 3.1.2 provides that “the Authority shall retain the ability to call in any committee decision irrespective of the extent and terms of delegation of functions to committees”. It is for the Authority to determine, after debate if required, whether to call in the decision. The Authority has complete discretion whether or not to call in the decision. If it does so determine, the subject of the decision must then be considered and decided afresh by the Authority. In effect, the decision of the Committee has the status of a recommendation to the Authority, which may be approved, rejected or amended. The Authority may request further information if it feels that is necessary to enable it to reach a proper and considered decision. If the Authority does not call in the decision, then the decision made by COP Committee will stand as an effective decision on behalf of the Authority.

3. The MPA had previously funded the officers’ preparation and their legal representation at the Roger Sylvester inquest.

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