Hearings and the Police

Date Published

The attendance of a party at a hearing may be of interest to other authorities, including the police. For example, in a hearing on application 59510/90, the police apparently relied upon the attendance at the hearing of a party to effect an arrest.

A hearing by the Commissioner is not like a court hearing. If police entered a court to serve a document or arrest a person, they would be held in contempt of court. However, there is no equivalent restraint on hearings before the Commissioner.

Consequently, when police wish to serve a document or arrest a person during a hearing, the hearing officer should not obstruct them in their duty. However, where circumstances permit, the police should be requested to respect the proceedings before the Commissioner and wait for an appropriate break before carrying out their duty.