Unit 4 - Police Forces

Historical background regarding police forces

-Until the 18th Century there was no police force in Britain, it fell to citizens to apprehend criminals.
When a criminal was caught, parish constables and night watchmen formally arrested them.

-1749 : Bow Street Runners were set up

-The Metropolitan Police Act passed in 1829 and founded the Metropolitan Police Service (aka “The Met” or MPS) to protect London.

Who were the first professional constables (date) and what did they do ?

-The Bow Street Runners were the first professional constables, set up by Judge Henry Fiedling in 1749

-They served writs issued by magistrates and arrested offenders, but were still attached to the Bow Street magistrates’ office.

-Later incorporated in the Metropolitan Poolice Service

What is the conception of the police force ?

-An apolitical auxiliary of the judicial system, not under the control of a potentially tyrannical government.

-The public did not like the idea of a large police force and considered that it should remain local, which it still is today.

What’s the role of the police ?

Maintain peace and apprehend criminals

What are the principles of police force ?

-Policing by consent

-Operational independence

Where does the idea of “policing by consent” come from ?

Comes from the general instructions issued to the police officers of the MPS in 1829, known as the Peelian Principles of Policing (coming from Sir Robert Peel)

What does “policing by consent” mean?

-The power of the police comes from the common consent of the public as opposed to the power of the state.

-Underlines importance of public cooperation

-A test of police efficiency is the absence of crime and disorder

Principle 7 and 9 of the Peelian Principles of Policing

• Principle 7: ‘the police are the public and [...] the public are the police, the police being only members of the public who are paid to give full time attention to duties which are incumbent on every citizen in the interests of community welfare and existence’

• Principle 9: ‘the test of police efficiency is the absence of crime and disorder, and not the visible evidence of police action in dealing with them’

What does “operational independence” mean ?

-Police forces are under the direction and control of chief officers

-Their decisions are supposed to be independent from any political influence even though their actions might be scrutinised by politicians like Police and Crime Commissioners (PCCs)

-Operational independence should remain flexible, fluid and context-driven

Organisation of the police force in the UK

-Civilian territorial police forces :

• 43 in England and Wales

• 1 in Scotland

• 1 in Northern Ireland

-MPS and City of London Police have a special status

-Other forces :

• British Transport Police

• Civil Nuclear Constabulary

• Ministry of Defense Police

• National Crime Agency

• National Police Air Service

• Border Force

…

+ The British Armed Forces have their own police forces

What makes the MPS and the City of London Police have a special status ?

They have specific national policing roles, especially regarding economic crime fighting

What is the problem with the organisation of police forces in the UK ?

Territorial police forces might not be the best solution for online crime and county lines drug dealing

Organisational levels for policing roles defined by the College of Policing (from top to bottom)

• Assistant Chief Constables, Deputy Chief Constables and Chief Constables (‘force leaders’).

  • Superintendents and Chief Superintendents (‘service function leaders’)

    • Inspectors and Chief Inspectors (‘managers’)

      • Sergeants (‘team leaders’)

        • Police Community Support Officers (PCSOs), Special Constables and Constables (‘service deliverers’)

What constitutes the political leadership of the police in the UK + who supervises ?

-The Home Office and the Police and Crime Commissioners

-Supervision by :

• The Independent Office for Police Conduct

• His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services

What is the duty of the police forces + where does it derive from ?

-Duty to protect the public

-Derives from both common law and legislation

Police, Crime, Sentencing and Courts Act 2022

Enhances the powers of the police

Who in the police force holds the Office of Constable + what does it grant ?

Each police officer holds the Office of Constable, which grants them the powers to :

-Prevent crime

-Detect and investigate crime

More generally, what are the powers of the police ?

-Preventing crime

-Use of force

-Detecting and investigating crime

-Powers to stop and search

-Powers of entry, search and seizure

-Powers of arrest

-Powers of detention

-Charging powers

-Powers of out-of-courts disposal (OOCDs)

Powers of the police to prevent crime

-Prevent any breach of the ‘King’s Peace’ (they have a duty to maintain it)

-Prohibit a protest march that may cause serious public disorder

-Prevent anti-social behavior

Examples of preventing a breach of the ‘King’s peace’

When harm is done or likely to be done to a person, in a person’s presence, or to a person’s property through assault, unlawful assembly, riot etc.

What is anti-social behaviour + examples

-Acting in a manner that caused or is likely to cause harassment, alarm or distress to one or more persons not of the same household as the defendant

-Ex. lound music, overgrowing of plants, public drunkenness, graffiti, and vandalism

Use of force by police officers : source, criteria

According to the Code of Ethics published by the College of Policing, force must be used “only to the extent that it is :

• Necessary

• Proportionate

• Reasonable

in all the circumstances"

→ ”police officers should use ‘only the minimum amount of force necessary to achieve the required result’ (…)”

Accountability of the police regarding use of force, according to the Code of Ethics published by the College of Policing

Police forces ‘will have to account for any use of force, in other words justify it based upon [their] honestly held belief at the time that [they] used the force’

What are police officers equipped with ?

Police officers have handcuffs and weapons ranging from batons to tasers to sprays to firearms

Sources of the police’s power to detect and investigate crime (amongst others)

-Common law

-Police and Criminal Evidence Act (PACE) 1984

-Criminal Justice and Public Order Act 1994

-Investigatory Powers Act 2016 (Snoopers’ Charter)

Requirements to stop and search + sources

-To search a person, a vehicle or place a police officer must have ‘reasonable grounds for suspecting that he will find stolen or prohibited articles’, which could be (or have been) used to commit an offence.
[Part 1, Section 1 PACE 1984]

-Power to search anyone in a specific area where serious violence has occurred.
Authorization must be given by a police officer above the rank of Inspector.
[Section 60 of the Criminal Justice and Public Order Act 1994]

Requirements to entry, search and seizure + exceptions

-Principle: warrant or consent before entering to search or seize property

-Exceptions to the warrant :

• If they are entering to arrest or recapture someone

• To prevent of breach of the peace

• To prevent serious damage to property or people

Requirement to arrest + source + example

’Only if [they have] reasonable grounds for believing that [...] it is necessary to arrest the person in question,’
[Section 24 PACE]

Ex. finding out the name of the person, preventing physical injury to themselves or any other person, or protecting vulnerable persons

Rules around the powers of detention + source

Parts IV and V of PACE :

• Police may question a suspect and collect their biometric information

• Suspects may not be held for more than 24 hours without charge

• Suspects should only be detained with the aim of pressing charges.

Requirements for the police to charge a suspect + who else can charge ?

In order to charge a suspect police must check that either:

• Full Code Test, composed of :

  • Evidential stage : enough evidence to secure a conviction

  • Public interest stage : in the public interest to charge the suspect.

• Threshold test (if the the evidential stage is not passed), a suspect may be charged if all 5 of the following are true :

  • There is reasonable grounds to believe that the suspect has committed the offence

  • Further evidence may realistically be found to secure a conviction

  • The offence is serious enough to make it necessary to press charges

  • The suspect does not qualify for bail

  • It is in the public’s interest that the suspect be charged.

(the Crown Prosecution Service can also charge a suspect)

What are out-of-court disposals (OOCDs) + types of it

Measures taken instead of prosecuting a criminal offender, such as :

• Conditional caution

• Community resolution

What is a conditional caution ?

A type of formal warning issued by the police who agree not to prosecute on condition that the accused comply with specific conditions. It appears on criminal records.

What is a community resolution ?

A contract between the police and the offender when anti-social behaviour is involved whereby the offender, in exchange for not being prosecuted, agrees to perform specific tasks and fulfil some obligations.

What is the Investigatory Powers Act 2016 (Snoopers’ Charter) + is is contrary to ECHR ?

-It’s the act which gives police forces the power to intercept, acquire and retain communications and communications data.

-Was ruled not contrary to ECHR

What is required for the police to apply to intercept, acquire and retain communications and communications data ?

They must have a warrant to do so and warrants are granted by the Home Secretary.

What means do the police use when it comes to data collection and retention ?

-Databases to share information

-CCTV cameras (closed circuit television cameras)

-Automatic Number Plate Recognition systems

-DNA taken from people who are arrested

What must happen to the DNA taken from people who are arrested ?

It must be destroyed within 6 months

How many CCTV cameras are there in the UK ?

About 5.2 million

Texts regarding accountability of the police + what do they do ?

Police Reform Act 2002 and Police Act 1996, both amended by the Policing and Crime Act 2017,

→ they regulate the police complaint system and the police disciplinary system.