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Tony McDaid

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Brian Dean - Misconduct & Compliance

Acting for the Police Federation of England and Wales
Brian Dean is regularly instructed by the Police Federation of England and Wales to represent Police Officers facing hearings in the High Court (Judicial Review), Crown Court, at Inquests and before Police Misconduct Panels in the West Midlands, as well as in Warwickshire, West Mercia, Staffordshire, Derbyshire, Leicestershire, Sussex and elsewhere. He has also undertaken the same work for the Police Superintendants’ Association, which represents senior officers.

An example of this sort of work is a case which involved defending an officer who had killed a member of the public during the course of an arrest (leg sweep - deceased fell to floor and banged head). He represented the officer for nearly 4 years, including at a 4 week inquest, two police misconduct disciplinary tribunals (the last one lasting 4 weeks), a Judicial Review, and in negotiations with the CPS, who considered a manslaughter prosecution. The officer was exonerated and has returned to work. Brian Dean also recently represented a Police Sergeant in a 4 week Inquest, also relating to a death in custody. Through these cases and other inquest work, Brian Dean has experience of lengthy, multi-party inquests, representing professionals.

He has previously defended police officers charged with corruption, misconduct in public office and charges emanating from deaths in custody. He is currently also instructed by a police officer in a civil jury trial.

Advising and representing Chief Constables 
He has also advised and represented the Chief Constable of West Midlands Police on various matters including the Police and Criminal Evidence Act 1984 (matters such as the search and seizure of legally privileged material from solicitors’ and accountants’ offices), Public Interest Immunity matters relating to informants (being handled by Special Branch and relating to terrorism) and lifestyle criminals (subject of an investigation by the then National Crime Squad). He has represented the Chief Constable in proceedings against Channel 4, where he sought disclosure of nearly 60 hours of unedited undercover footage that had been used to make the ‘Undercover Mosques’ television programme for the ‘Dispatches’ series and which led to consideration of whether or not offences of sedition, soliciting to murder, encouragement of terrorism and stirring up racial hatred ought to be brought by the CPS Counter-Terrorism team at Ludgate Hill. He also later assisted with the drafting of a complaint by the Force to Ofcom. 

He has represented the Force in civil proceedings, including resisting an application by a potential civil litigant for a Norwich Pharmacal order (pre-action disclosure order against a third party) and, on a different occasion, also advised the Chief Constable whether or not any criminal offence was being committed by those responsible for staging a controversial play, "Behzti” (meaning ‘Dishonour’), at a theatre in Birmingham when it led to serious public disorder because the Sikh community took exception to its content. 

He has also advised the Chief Constables of the West Midlands and West Mercia on issues relating to legal professional privilege (arising as a result of material seized in police raids on business premises – such as solicitors’ and accountants’ offices), mail intercepts authorised under the Regulation of Investigatory Powers Act, and has advised officers from the Covert Authorities Bureau on the same.