Bent Coppers
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''Bent Coppers: The Inside Story of Scotland Yard's Battle Against Police Corruption'' is a non-fiction book by award-winning British journalist
Graeme McLagan Graeme McLagan (born 1943) is a British journalist who was Home Affairs correspondent for BBC News, specialising in crime and the police about which he has written three books. Early life and education McLagan was educated at the Royal Grammar S ...
. First published in the United Kingdom in 2003 by
Orion Publishing Group Orion Publishing Group Ltd. is a UK-based book publisher. It was founded in 1991 and acquired Weidenfeld & Nicolson the following year. The group has published numerous bestselling books by notable authors including Ian Rankin, Michael Connelly, ...
, the book examines
police corruption Police corruption is a form of police misconduct in which law enforcement officers end up breaking their political contract and abuse their power for personal gain. This type of corruption may involve one or a group of officers. Internal police ...
within the
Metropolitan Police Service The Metropolitan Police Service (MPS), formerly and still commonly known as the Metropolitan Police (and informally as the Met Police, the Met, Scotland Yard, or the Yard), is the territorial police force responsible for law enforcement and ...
and South Eastern Regional Crime Squad—with particular focus on the 1990s and early 2000s—and the establishment and activities of the force's anti-corruption "Ghost Squad". Its publication led to a 4-year legal case resulting in a
landmark ruling Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly ...
in
English defamation law Modern libel and slander laws in many countries are originally descended from English defamation law. The history of defamation law in England is somewhat obscure; civil actions for damages seem to have been relatively frequent as far back as th ...
.


Libel case

Following publication, McLagan and Orion were sued for
libel Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
by Michael Charman, a former
detective constable A constable is a person holding a particular office, most commonly in criminal Police, law enforcement. The office of constable can vary significantly in different jurisdictions. A constable is commonly the rank of an officer within the police. Ot ...
with the
Flying Squad The Flying Squad is a branch of the Serious and Organised Crime Command within London's Metropolitan Police Service. It is also known as the Robbery Squad, Specialist Crime Directorate 7, SC&O7 and SO7. It is nicknamed The Sweeney, an abbrevia ...
who had been "required to resign" from the Metropolitan Police for "discreditable conduct". Charman alleged that the book libelled him by "suggesting that there were 'cogent grounds' of suspecting him of being involved in corruption." In seeking to have Charman's claim for damages dismissed, the author and publisher cited the " Reynolds defence" of
qualified privilege The defence of qualified privilege permits a person in a position of authority or trust to make statements or relay or report statements that would be considered slander and libel if made by anyone else. In New Zealand and Ontario, for instance, ca ...
, which protected publication of an allegation if it was made in the
public interest The public interest is "the welfare or well-being of the general public" and society. Overview Economist Lok Sang Ho in his ''Public Policy and the Public Interest'' argues that the public interest must be assessed impartially and, therefore ...
and satisfied the test of responsible journalism. In June 2006, at the
High Court of Justice of England and Wales The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (Englan ...
, Mr Justice Grey ruled that the book "did not pass all the necessary tests of "responsible journalism" and was not entitled to protection" of qualified privilege. Following the reaffirmation of the Reynolds defence in ''
Jameel v Wall Street Journal Europe Sprl ''Jameel & Ors v Wall Street Journal Europe Sprl'' was a House of Lords judgment on English defamation law. The issue was whether the defamatory article was protected by Reynolds privilege. The judgment was an affirmation of ''Reynolds v Times ...
'' in October 2006, in which the
Law Lords Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of ...
sitting in the
House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
determined that libel judges in the lower courts had been interpreting the criteria too strictly, McLagan and Orion appealed their case. On 11 October 2007, Lord Justice Ward, Lord Justice Sedley and Lord Justice Hooper, sitting in the
Court of Appeal of England and Wales The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wal ...
, allowed the appeal and dismissed Charman's claim for damages—the first time that the Reynolds defence had succeeded in the publication of a book. In their ruling, the judges said they were satisfied that the book was a piece of responsible journalism, that McLagan had taken steps to verify the story and that "as a result of his honesty, his expertise on the subject, his careful research and his painstaking evaluation of a mass of material, the book was protected." Caroline Kean, McLagan's solicitor, called the ruling "ground-breaking and momentous", and said: "This is an unambiguous confirmation by the Court of Appeal that Reynolds is alive and kicking. It is not limited to newspapers, it means all media and there is no time constraint. It applies equally to a book and, by analogy, it will apply to a film or a TV programme, providing it is something of proper public interest and a journalist has done his very best to act in the course of responsible journalism." The Reynolds defence was replaced under the
Defamation Act 2013 The Defamation Act 2013 (c 26) is an Act of the Parliament of the United Kingdom, which reformed English defamation law on issues of the right to freedom of expression and the protection of reputation. It also comprised a response to perception ...
with the statutory defence of publication on a matter of public interest.


References

{{reflist, 30em 2003 non-fiction books British non-fiction books Corruption in the United Kingdom Law enforcement scandals Non-fiction crime books Police misconduct in the United Kingdom English non-fiction books