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Can sentencing for police officer offenders be improved?

Comment & OpinionCan sentencing for police officer offenders be improved?

By Ellie Watson Pupil Barrister at Crown Prosecution Service, Manchester
Introduction 
Recent case law has uncovered difficulties faced by the courts when sentencing police officers. Fulford LJ’s sentencing remarks in R v Couzens [2022] EWCA Crim 1063 emphasised that ‘the police are in a unique position… they have powers of coercion and control that are in an exceptional category.’ However, there is no specific guidance for sentencing police officers who abuse their position to commit offences. Abuse of trust is applicable, but on analysis of case law it appears its application is inconsistent and ineffective for sentencing police officer offenders.
 Case Law
R v Dunn (Matthew) [2003] EWCA Crim 709
A police officer who delivered ‘two substantial kicks … to the body of an essentially defen...

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