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KembaraXtra-Case Law-R v Metropolitan Police Commissioner ex p Blackburn (1968)
Case Summary: This case establishes the limits of judicial review concerning police operational discretion. The Metropolitan Police Commissioner issued a secret circular effectively suspending enforcement of a part of the Betting, Gaming and Lotteries Act 1963, unless cheating or criminal activity was involved. Blackburn challenged this, arguing a failure of public duty.
Key Facts:
  • Legislation: The Betting, Gaming and Lotteries Act 1963 prohibited certain forms of gaming.
  • Police Action: The Commissioner issued a secret circular instructing officers to largely ignore breaches of a specific section (s.32) unless aggravated by cheating or criminal involvement.
  • Challenge: Blackburn sought mandamus (a court order compelling performance of a public duty).
  • Resolution: The circular was withdrawn before the case concluded.
Court's Decision & Reasoning:
  • Duty to Enforce: The Court of Appeal affirmed the Commissioner's duty to enforce the law.
  • Operational Discretion: Chief officers possess wide discretion in how they discharge this duty. The courts will generally not interfere with their operational decisions on resource allocation and prioritization of crimes unless those decisions amount to a complete abandonment of duty.
  • Threshold for Intervention: Judicial review is only available in extreme cases where a policy decision constitutes a total dereliction of the duty to enforce the law. This case did not meet that threshold because the circular was withdrawn.
Key Principles Established:
  1. Police Duty: Police have a duty to enforce the law.
  2. Broad Discretion: Police have wide discretion in their operational decisions (resource allocation, prioritizing crime types, etc.).
  3. Limited Judicial Intervention: Courts will generally not interfere with operational decisions unless there's a complete abandonment of the duty to enforce the law. This means simply prioritizing some crimes over others isn't sufficient grounds for judicial review.
  4. Withdrawal of Policy: A policy, even if questionable, can be rendered moot if withdrawn before a court's final decision.
Subsequent Case Law: This case established a precedent that remains highly relevant. Courts consistently refrain from interfering with police operational decisions on matters such as crime prioritization.
Study Questions:
  1. What was the legal basis for Blackburn's challenge?
  2. What was the significance of the Commissioner's secret circular?
  3. Explain the concept of "operational discretion" in the context of this case.
  4. Under what circumstances would a court intervene in police operational decisions?
  5. How does this case demonstrate the balance between executive power and judicial review?
  6. What is the relevance of the fact that the circular was withdrawn before the court's decision?
This study guide provides a comprehensive overview of R v Metropolitan Police Commissioner ex p Blackburn. By understanding the facts, decision, and key principles, you can effectively analyze this important case regarding the limits of judicial review of police operational decisions. Remember to focus on the specific legal concepts and their application within the context of the case.



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