In Brown v (1) The Commissioner of Police of the Metropolis (2) The Chief Constable of Greater Manchester Police, the Equality and Human Rights Commission intervening  EWCA Civ 1724, the Court of Appeal has given a definitive ruling on the proper construction of the QOCs provisions, has given guidance on how the 44.16(2)(b) discretion might be exercised, and has clarified that 44PD.12.6 is wrong and cannot stand.
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The Guardian has also reported the case which can be viewed here.
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