Harassment Warning Challenge to Proceed

Permission granted in journalist's judicial review case

A journalist and a newspaper publisher have been granted permission to bring a judicial review claim in respect of a Prevention from Harassment Warning.

Gareth Davies, a journalist at the Croydon Advertiser, and Local World (the publisher of the Croydon Advertiser) issued judicial review proceedings against the Independent Police Complaints Commission (IPCC) who refused to quash a Prevention from Harassment warning issued by the Metropolitan Police.

On 9th February 2016, Mr Justice Picken granted permission in respect of the proceedings which seek a declaration that the warning should not have been issued; that the IPCC’s decision be quashed and that the IPCC should be directed to instruct the Metropolitan Police to remove the warning from its records or reinvestigate the matter.

A Prevention of Harassment Warning Letter (also known as a Police Information Notice or PIN) is a document that is issued by the police  where an allegation of  harassment  is made which would amount to an offence under the Protection from Harassment Act but where there is not sufficient evidence to bring a prosecution.

Mr Davies was issued with a PIN in relation to admitted conduct of one phone call and two direct e-mails to a convicted fraudster, with a third e-mail to her solicitor, in order to put allegations to her in connection with a story he was investigating.

5RB’s Christina Michalos  is acting for Mr Davies and Local World instructed by Foot Anstey LLP