England

The constitution

- Many countries have a formal written constitution expressing their political and legal beliefs.

- England is unique in having an unwritten or uncodified constitution, which blends various elements.

- The British constitution has roots dating back to King Henry I in 1100 and is primarily composed of statutory law, precedent, and traditions.

- Statutory law plays a crucial role in shaping this "organic" constitution.

- Significant statutes have contributed to the development of British constitutional principles, influencing the creation of written constitutions in other nations.

Magna carta

- Magna Carta, signed in 1215 by King John under pressure from English nobles, is a significant historical document.

- It consists of 62 chapters outlining the rights and privileges of the upper class in medieval England.

- Key principles regarding the administration of justice are highlighted, including:

- Chapter 38: Bailiffs must provide credible witnesses before trial.

- Chapter 40: No one shall be denied the right to justice.

- Chapter 45: Officials appointed must know the law and uphold it.

- Chapter 39 is particularly notable, asserting that no free individual may be punished without a lawful judgment by peers.

- There were misinterpretations in the past, suggesting Chapter 39 established trial by jury and habeas corpus; however, these claims are inaccurate.

- The true significance of Magna Carta lies in its initial effort to articulate the concept of government through a constitutional process.

The bill of rights

- The Bill of Rights is a key historical document established before William III and Mary II accepted the English crown in 1688.

- Parliament's agreement required adherence to several principles which became part of this statute.

- Principles included:

- Frequent assemblies of Parliament for addressing grievances and enacting legislation.

- Free elections for members of Parliament.

- Assurance of freedom of speech during Parliamentary proceedings.

- Prohibition of the Crown from suspending or enacting laws without Parliament's consent.

- Protection against excessive bail or fines and prohibition of cruel and unusual punishments.

- The statute's principal significance lies in establishing a foundation for a modern constitution.

The act of settlement

- The Act of Settlement of 1700 was significant in shaping the modern constitution.

- A key provision established that judges hold their positions during good behavior and can only be removed with Parliament's consent.

- The act clarified that the monarchy derives its power from Parliament, reinforcing parliamentary authority.

- Since the seventeenth century, numerous statutes have been passed affecting the British constitution, though they cannot all be listed here.

- These examples illustrate how fundamental constitutional principles were gradually introduced, typically coinciding with the strengthening of Parliament’s authority.

The human rights act

- The government is undergoing significant reforms with important constitutional implications.

- A key development is the Human Rights Act, passed in 1998, which came fully into force in October 2000.

- This Act allows violations of the European Convention on Human Rights to be adjudicated in English courts.

- The UK ratified the European Convention in 1951, but it lacked incorporation into domestic law until the Act.

- The Convention serves as a set of fundamental principles akin to a constitution, outlining democratic rights.

- Key rights and freedoms established by the Convention include:

- Right to life

- Prohibition of torture and slavery

- Right to liberty and security

- Right to a fair trial and no punishment without law

- Respect for private and family life

- Freedom of thought, conscience, and religion

- Freedom of expression and assembly

- Right to marry

- Prohibition of discrimination

- Restrictions on political activity for aliens

- Prohibition of abuse of rights

- Limitation on restrictions of rights

- Protection of property

- Right to education

- Right to free elections

- Abolition of the death penalty, including in wartime.

- In 1966, UK citizens could petition the European Court of Human Rights if their rights were violated, but the process was costly and time-consuming without legal aid.

- Average case duration was around five years, reflecting significant court delays.

- The Human Rights Act (1998) transformed the landscape by allowing petitions to English courts for human rights violations.

- This Act imposed a duty on all public authorities to comply with the Convention on Human Rights, marking a pivotal shift in English constitutional law.

- Unlike many European nations, the UK does not allow its judiciary to declare laws unconstitutional, adhering to parliamentary sovereignty.

- The Human Rights Act enables courts to issue declarations of incompatibility, prompting government actions to amend laws conflicting with human rights standards.

- While judiciary power to override Parliament remains limited, the Act bolstered the court's ability to advocate for compliance with human rights.

- The Act includes derogation provisions allowing certain restrictions during emergencies, relevant in the context of recent terrorist threats.

- The British government suspended Article 5 of the Convention, which guarantees the right to liberty and security, to enact the Anti-Terrorism, Crime and Security Act (2001), allowing extended detention of suspected terrorists.

- The British constitution is unitary, with Parliament holding supreme authority across the United Kingdom, although devolution granted Scotland and Wales their own legislative bodies in 1999.

- Parliament has the ultimate legal power; thus, no English court can declare its acts unconstitutional, as emphasized by the limitations in the Human Rights Act (1998).

- The constitutional framework features a fusion of powers, unlike the U.S. separation of powers, with both executive and legislative functions located in Parliament. The Appellate Committee of the House of Lords served as the highest court until the Supreme Court of the United Kingdom was established in 2009 following the Constitutional Reform Act (2005).

- Key legislations such as the Human Rights Act (1998), the House of Lords Act (1999), and the Constitutional Reform Act (2005) are indicative of the organic nature of the British constitution, reinforcing the country's commitment to the rule of law.

Parliament

- The British government follows a constitutional principle of fused power instead of separation of powers.

- Parliament, which leads the governance, is made up of three components:

- The monarch

- The House of Lords

- The House of Commons

The monarch

- The monarch's role in the UK Parliament has been diminishing for nearly 300 years.

- This decline is linked to the establishment of democracy in Britain.

- Currently, the monarch serves a symbolic role, representing national unity.

- Statutes passed in Parliament are executed in the monarch's name, underscoring this symbolic significance.

- Despite reduced power, the monarch retains certain constitutional authorities.

- Responsibilities include convening Parliament following elections and dissolving it when further elections are necessary.

- The monarch invites the leader of the victorious political party to form a government (or administration).

The house of lords

- The House of Lords, rooted in the monarchy's early councils, has seen a significant decline in power, particularly in the last century.

- It serves as the upper house of Parliament and was historically the highest court of appeal until 2009.

- The Lords engage in committee work, reviewing and revising legislation from the House of Commons, benefiting from increased scrutiny time.

- They have the constitutional power to delay legislation, except for budget bills, for up to one year.

- The House of Lords Act (1909) reformed membership, reducing hereditary peers to align with democratic principles.

- The House of Lords Act (1999) is significant in understanding the composition of the House prior to its enactment.

- Before the act, the House of Lords had around 1,200 members divided into three categories:

- Clerical Members: Included archbishops of York and Canterbury, bishops of London, Durham, and Winchester, and 21 senior bishops from the Church of England, alongside law lords who served judicial functions.

- Hereditary Peers: Comprised about 300 members who held seats by virtue of noble ancestry (duke, marquis, earl, viscount, or baron) granted by English monarchs, rather than legislative merit.

- Life Peers: Established by the Life Peerage Act (1958), these members are appointed by the government, through the monarch, to recognize notable public service or achievements in various fields; their titles cannot be inherited.

- The House of Lords Act (1999) marks the first phase of reform in the House of Lords.

- It abolished the automatic right of hereditary peers to sit in the House.

- Only 90 hereditary peers were elected to retain their seats, alongside the two peers with ancient titles, resulting in a total of 92.

- This was a significant reduction from approximately 800 eligible hereditary peers.

- Bishops of the Church of England were permitted to keep their seats; however, immediate family members of the monarch were excluded.

- Excluded hereditary peers maintain their titles and can now stand for election to the House of Commons.

- The timing of the second phase of Lords reform is uncertain, but it will likely focus on the powers held by the Lords and the composition of the House—debating between being fully elected or a mix of elected and appointed members.

The house of commons

- The House of Commons is the primary component of the UK Parliament, often referred to simply as "Parliament."

- Its origins date back to the thirteenth century, but it rose to prominence during the seventeenth-century English Civil War.

- The House comprises 650 elected members, primarily from the Conservative or Labour parties.

- It serves as a representation of the British population's diverse social and political views.

- The main responsibilities include voting on proposed legislation and discussing current issues.

- Members of the governing party typically support the government, while opposition members critique it.

- The House of Commons acts as a platform for continuous political campaigning as general elections can be called early.

- Traditionally, elections were held every five years, but the ruling party could initiate an early election under favorable public opinion or a failure to secure majority support.

- The Fixed-term Parliaments Act of 2011 established that general elections must occur every five years on the first Thursday of May, limiting the power of the ruling party to call early elections.

- Early elections can only be called if two-thirds of Commons members agree to dissolve Parliament or if a no-confidence motion in the government arises.

Prime minister

- The prime minister is central to the British parliamentary democracy, acting as the key figure in the political system.

- The prime minister is appointed from the party that holds the majority in the House of Commons.

- Essential qualities for an effective prime minister include versatility, as they must manage multiple responsibilities typically distributed among several leaders in other countries.

- The prime minister represents the nation, with public opinion being heavily influenced by their personality and policies.

- They serve as a personal advisor to the monarch on national matters, highlighting their dual role in governance.

- The prime minister also leads their political party, where they are responsible for maintaining party unity and managing legislative priorities.

- Additionally, the prime minister chairs the cabinet, influencing its composition and steering government goals and policies.

The cabinet

- After elections, the British monarch calls on the leader of the winning party to form a government.

- The executive branch consists of members in Parliament from the majority party in the House of Commons, known as the cabinet.

- Cabinet membership mainly includes House of Commons members, with a few from the House of Lords.

- The prime minister selects key party leaders for the cabinet and incorporates younger members for future leadership development.

- Diverse viewpoints within the party are encouraged for a well-rounded cabinet representation.

- Each cabinet member is accountable to Parliament for their respective department’s administration.

- The cabinet collectively oversees the executive branch, coordinates departmental work, sets government policy, and reports to Parliament.

Political parties

- England has had a three-party system for over 100 years, with the Conservative and Labour parties as the primary players.

- This two-party system provides benefits similar to those in the United States, allowing for a clear majority in Parliament.

- A majority party forms the government, leading to stability and discipline within the administration.

- Voters have a straightforward choice during elections: they can either re-elect the current party based on its performance or choose the opposing party based on its proposed future policies.

Conservative party

- The Conservative Party has a rich history dating back to the seventeenth century, showcasing adaptability to evolving political and social dynamics over 300 years.

- Members uphold traditional institutions and principles, often defending the monarchy, the Church of England, and social class.

- While they acknowledge the necessity of change, they resist change that lacks purpose, preferring to maintain established institutions that have proven resilient.

- This conservative ethos contributes to skepticism towards the European Union, particularly concerning monetary union.

- The party champions free enterprise, private property, personal freedom, self-interest, and merit-based rewards, while also accepting the welfare state in principle.

- Their stance differs from the opposition in terms of the extent and methods of social service provision.

- They endorse state involvement in the private sector and public social reform, provided that this occurs within the framework of constitutional parliamentary government.

Labour party

- The Labour Party was founded in 1900, rooted in a socialist ideology emerging in mid-19th century industrial England.

- Throughout the 20th century, its political platform promoted extending democratic principles to the economic sector, advocating for:

- Nationalization of industries

- Wealth redistribution through progressive taxation

- Social welfare services for all citizens

- Elimination of class-based society

- The party aimed to achieve its goals gradually through parliamentary processes, similar to their conservative counterparts.

- Recently, the Labour Party has shifted towards a centrist approach, marking a departure from its traditional commitment to nationalization.

- Current policies focus on supporting a dynamic capitalist economy that balances private sector needs with public interest and social compassion.

- The party has adopted a tougher stance on crime and its underlying causes and is active in pursuing constitutional reform.

Liberal democratic party

- The Liberal Democratic Party was established in the late 1980s through the merger of the Liberal Party and the Social Democratic Party.

- The Liberal Party had been out of power since 1915, while the Social Democratic Party was formed in 1981 by discontented Labour Party moderates seeking a centrist alternative.

- The Liberal Democrats primarily appeal to the suburban middle class, emphasizing individual rights over collective ones, and maintain a strong presence in local government.

- They advocate for the European Union, reform of Parliament, and curbing tax breaks for the wealthy, although they remain a smaller party due to the centrist stance of larger parties like Labour and Conservative.

- In the 2010 parliamentary elections, the Conservative Party failed to gain a majority and thus formed a coalition government with the Liberal Democrats.

- This coalition was unprecedented since a similar situation occurred in 1945.

- The 2015 elections resulted in the Conservative Party gaining a clear majority with 330 seats, while Labour held 232 and the Scottish National Party had 56.

- Other parties with three or more seats included the Liberal Democrats, Democratic Unionist Party, Sinn Fein, Plaid Cymru, and the Social Democratic and Labour Party.

The crown

- The Crown serves as a constitutional office symbolizing unity among the people of England, revered by many due to its historical significance and ceremonial aspects.

- The affection toward the monarch is influenced by personal characteristics and their approach to the role; the English have experienced both favored and disfavored monarchs throughout history.

- Despite personal grievances against specific monarchs, the public often separates the individual from the institution, maintaining respect for the Crown.

- Operating in contrast to democratic principles, the monarchy still holds substantial symbolic value, with a significant portion of the population recognizing its importance.

- Monarchs possess various powers and responsibilities, including the crucial personal prerogative to be consulted on important government matters, which grants access to essential information on state affairs.

- The effectiveness of this prerogative increases over the course of the monarch's reign, as they accumulate experience and insights into state matters that political leaders may not possess.

- While it is difficult to quantify the influence of the monarch in contemporary politics, their role in advising and potentially shaping policy through experience remains significant in the context of 21st-century governance.

Administration

- England, as a unitary state, shares some government responsibilities with local authorities, dating back to medieval times.

- Local governments manage local issues like sewage, water, and parks and recreation, rather than Parliament.

- Post-World War II, the national government pursued nationalization, expanding its power by converting private industries to public ownership.

- Under Prime Minister Margaret Thatcher, this trend was reversed, privatizing formerly nationalized industries.

- Key areas of national government control include defense, foreign affairs, economics, law, social issues, and internal order.

- Regarding judicial matters, the responsibility for judge appointments shifted from the Lord Chancellor to the Judicial Appointments Commission in 2006 via the Constitutional Reform Act.

- Internal order is jointly managed by national and local governments: the home secretary oversees police standards and funding, while local governments hire officers and cover almost half of police expenses.

- Since the 1960s, the national government has aimed to oversee the criminal justice system amid rising concerns regarding efficiency, effectiveness, and constitutional issues.

- The Lord Chancellor and home secretary now share responsibilities in addressing crises in law enforcement and the court system.

- Questions arose regarding the independence of the judiciary and the conflicting duties of the home secretary, which included policing, maintaining public order, and protecting civil rights alongside criminal law reform.

- In 2007, constitutional reform efforts led to the establishment of a new Ministry of Justice, tasked with overseeing the courts, criminal law, prisons, probation, and overall criminal justice reform.

- The Home Office was restructured to concentrate solely on crime and policing, counter-terrorism, and immigration.

- Over the past 30 years, various aspects of the criminal justice system have been examined by government commissions, independent inquiries, and academic research, resulting in significant legislative changes affecting the justice system's organization and administration.

- The developments in England from the 1980s to early 1990s closely parallel those in the United States during the 1960s and 1970s.

- The study and analysis of criminal justice have become crucial for the government and have developed into an important academic discipline within England's higher education system.

Police

- The English have long emphasized local-level policing while maintaining some central government control, a tradition seen throughout history.

- Before the Metropolitan Police of London was established in 1829, shared responsibility for policing manifested in four key forms.

- The earliest form, known as the tithing, originated in the Anglo-Saxon era and was referenced in dooms (laws).

- Tithings consisted of groups of ten men who held collective responsibility for each other's behavior; failing to present an accused member to court resulted in fines for all.

- Sheriffs served as local representatives of the king, linking community policing efforts with central governance in criminal justice during the medieval period.

- Following the Norman Conquest of 1066, the office of constable emerged, marking a critical development in law enforcement tied to the rise of feudal society where local governance centered around manors.

- Peasants worked lands owned by lords in exchange for economic and social security.

- Lords appointed officers, including the ale-taster, bread-weigher, and constable, to serve the manor community.

- The constable took over policing duties from the tithing system and remained recognized as key in local law enforcement even after feudalism's decline.

- During the 12th and 13th centuries, English kings expanded their political authority, transitioning from customary and feudal systems to royal command embodied in statute law.

- The Statute of Winchester (1285) was pivotal, establishing that policing responsibilities lay with both the central government and local communities.

- This statute introduced organized policing, emphasizing town watchmen, community participation in pursuing criminals through the "hue and cry," and the requirement for men aged 15-60 to possess weapons.

- The Justices of the Peace Act of 1361 recognized justices formally, typically landowners responsible for maintaining peace and administering justice locally.

- The 1361 Act reiterated key points from the Statute of Winchester and added that citizens could arrest offenders and that constables must bring accused individuals to court.

- The policing principles outlined in both statutes shaped the approach to law enforcement in England until the early 19th century.

- By the late 17th and early 18th centuries, policing in England was largely ineffective, prompting reform proposals from figures like Henry Fielding and Patrick Colquhoun.

- Politicians were reluctant to improve police efficiency due to fears it would strengthen the monarchy, a concern exacerbated by the French Revolution.

- In the 1820s, Robert Peel recognized the need for reform, leading to the introduction of a bill to create a metropolitan police force, which passed with little debate on June 19, 1829.

- Peel appointed Colonel Charles Rowan and Richard Mayne as commissioners of police, who organized the new force, officially beginning patrols on September 29, 1829.

- This "new police" model gained acceptance in the 1830s, leading to further police force establishment under the Municipal Corporations Act of 1835 and the County Police Act of 1839.

- By the early 20th century, England had 197 police forces, which later amalgamated, resulting in the current structure of 43 local forces serving England and Wales.

- Consolidation has altered the traditional view of policing responsibilities.

- The responsibility of policing has been seen as a shared duty between central and local governments.

- Recent changes due to consolidation challenge this longstanding notion.

Organization and Administration of the English Police

- The English have historically dismissed the notion of a national police service, often referencing laws dating back to 1285, yet the central government holds significant control and influence over policing.

- The management of police is a joint responsibility between the central government and local authorities.

- The Police Reform and Social Responsibility Act (2011) marked a slight move toward local police agencies assuming more responsibility and accountability in crime control.

- The Home Office, led by the home secretary, stands at the top of the police organizational structure, ensuring governmental oversight of police services.

- The home secretary, a senior member of Parliament, has extensive responsibilities regarding police operations, including addressing national threats and providing guidance on local crime plans.

- The involvement of the home secretary aims to enhance the efficiency and effectiveness of police at national, regional, and local levels.

- The home secretary plays a key role in the appointment and oversight of chief constables across various police forces in England.

- Has the authority to order the resignation or retirement of chief constables and request reports on policing matters.

- Can establish regulations concerning police organization and administration, including rank structure, qualifications, promotions, and other operational aspects.

- Holds significant influence through the issuance of administrative circulars that affect police management nationwide.

- Provides over 50% of the funding required for each police force's budget.

- Exercises ultimate administrative authority over important agencies, including Her Majesty’s Inspectorate of Constabulary, the Independent Police Complaints Commission, and the National Crime Agency.

- Despite substantial power over policing, the home secretary's authority is balanced with the discretion afforded to police and crime commissioners and chief constables.

- The home secretary and police and crime commissioners oversee police management but cannot direct law enforcement operations.

- Historically, police authorities provided local civilian control, with 43 authorities aligned with local police forces for nearly 100 years.

- Each police authority typically had a committee of 17 members, including 9 politicians elected from local county councils and others appointed by the authority.

- The Metropolitan Police had a distinct authority, with its control shifting from the home secretary to the newly formed Metropolitan Police Authority in 2001.

- The Metropolitan Police Authority consists of 23 members, including 12 selected by the mayor from the Greater London Assembly, along with magistrates and independent members, one of whom is appointed by the home secretary.

- Police authorities initially served as advisory bodies to maintain efficient and effective local police forces, allowing for some local autonomy and public involvement.

- Over the years, the role of police authorities diminished, leading to perceptions of them as merely rubber stamps for chief constables.

- Factors contributing to this decline included:

- The consolidation of police forces, resulting in larger bureaucracies that discouraged assertive oversight from authorities.

- The home secretary’s powers to issue administrative circulars and set performance levels, which impacted police management and reduced the authority’s influence.

- The establishment of the Research and Planning Unit and the Central Planning and Training Unit in the Home Office, which, while necessary, overshadowed local authority and intimidated local politicians.

- These developments also shifted more power to the home secretary, particularly through control over information dissemination.

- The increased stature of chief constables further marginalized police authorities, leading to a decrease in public awareness regarding their roles.

- Overall, these factors indicated a trend towards centralization, suggesting that England might be moving towards a national police service.

Police and Crime Commissioners

- The Police Reform and Social Responsibility Act (2011) eliminated police authorities in 41 provincial forces by spring 2012.

- Police and crime commissioners (PCCs) were introduced, elected directly by the public for four-year terms, limited to two terms.

- PCCs aim to address local crime and antisocial behavior concerns that were previously neglected.

- Responsibilities of PCCs include setting police priorities, establishing budgets, and holding the chief constable accountable.

- Each provincial force must establish a police and crime panel to advise and check the power of PCCs, composed of local council members and independent citizens.

- Changes impact 41 provincial forces; London remains under city council oversight, with the Greater London Authority overseeing the Metropolitan Police.

- The Mayor’s Office for Policing and Crime is established to develop and enforce a police and crime plan in consultation with the police commissioner.

- The home secretary will recommend the appointment of the Metropolitan Police commissioner and can sanction suspensions or resignations.

Chief Constables

- Each of the 41 provincial police forces has a chief constable as the chief administrative officer.

- Chief constables are appointed by local police and crime commissioners.

- They oversee daily operations of the police force.

- Assistant chief constables and superintendents assist chief constables with administrative tasks.

- The Police Reform and Social Responsibility Act (2011) aims to strengthen the operational independence of police forces.

- The Metropolitan Police Service and the City of London have commissioners instead of chief Metropolitan Police Service

Metropolitan Police Service

- The Metropolitan Police Service provides police services to London, covering 20 square miles with a population exceeding 7 million.

- The organization comprises over 31,000 officers, 14,000 staff, 4,000 police community support officers, and 2,500 volunteer police officers.

- The Commissioner, overseeing the Met, has a longstanding career in law enforcement.

- The structure includes:

- Territorial Policing: Focuses on daily policing across 33 operational command units.

- Specialist Crime Directorate: Includes specialized units for intelligence, politician and embassy protection, and serious crimes like violent crime and terrorism.

- Central Operations: Comprises units like Traffic, Air Support, Marine Support, Public Order, Mounted Branch, and Dog Support.

- A significant administrative and support staff is involved in areas such as recruitment, training, IT, and communications.

City of London Police

- The City of London, covering one square mile, has its own dedicated police agency.

- The City of London Police comprises approximately:

- 755 police officers

- 412 civilian staff

- 12 police community support officers

- 82 volunteer special constables

- This police force serves the city's roughly 10,000 residents and accommodates about 300,000 daily commuters.

- The area also attracts around 4 million tourists each year, highlighting the need for effective policing.

National Crime Agency

- Regional crime squads in England began in 1965, focusing on cooperation among local police.

- In 1997, the National Crime Squad (NCS) was formed to address serious crime nationwide.

- The National Criminal Intelligence Service (NCIS) was established in 1992 to promote proactive policing, with various operational units tackling organized crime, drugs, economic crimes, and soccer-related disturbances.

- NCIS coordinated the intelligence on serious crime and supported law enforcement agencies at all levels.

- In 2006, the Serious Organized Crime Agency (SOCA) replaced NCS and NCIS, focusing on drug trafficking, financial crimes, and organized immigration crime.

- SOCA was overseen by a chair appointed by the home secretary, while the director general managed its operations.

- The Police Reform and Social Responsibility Act of 2011 led to the creation of the National Crime Agency, operational by late 2013.

- The National Crime Agency aims to address threats to the UK's national security, particularly regarding organized crime, economic crime, cybercrime, and protecting youth from sexual exploitation.

- The Border Force was established as part of 2011 legislation and became operational in 2012.

- Its main responsibility is to secure the coastline of the United Kingdom.

- The Border Force operates at all seaports and airports, enforcing immigration and customs regulations.

- They play a critical role in gathering intelligence and sharing information with other police and security agencies.

Other Police Organizations

- The British government has established several specialized centralized law enforcement agencies.

- The Ministry of Defence Police is a civilian force with full police powers, overseeing the Ministry of Defence's land and personnel.

- The British Transport Police manages the national railway network and the London Underground.

- The Atomic Energy Authority Constabulary is tasked with protecting nuclear materials and sites associated with the Atomic Energy Authority.

Police Powers by Civilians

- Civilians have traditionally worked in police organizations, mainly in administrative and technical roles.

- The Police Reform Act (2002) expanded civilian roles to include specific police duties, allowing regular officers to focus on law enforcement and order maintenance.

- Within the first year post-reform, around 65% of police forces engaged civilians in these new capacities.

- Under Section 38 of the Police Reform Act, civilians can exercise police powers as directed by the chief officer of a police force.

- Civilians are permitted to perform various duties, including roles like community support officers, investigating officers, and detention officers.

- Community support officers, particularly from the Metropolitan Police Service and City of London Police, wear distinct uniforms and enhance visible patrols in specific areas.

- Their responsibilities include crime reporting, issuing fixed penalty notices for minor offenses (like dog control, littering, and graffiti), and confiscating alcohol and tobacco from minors.

- They have the authority to detain offenders until police arrival.

- Civilians play a role as investigating officers, elevating their status and authority in crime scene investigation.

- The need for civilian specialists has arisen due to the complexity of financial and information technology crimes.

- Detention officers, either employed by police or contracted privately, are responsible for managing detained suspects.

- Escort officers also fall under similar employment structures, focusing on transporting arrested individuals as necessary.

- Volunteer special constables contribute to community safety by assisting police with various tasks, such as foot patrols, house interviews, and event security.

- To qualify as a volunteer special constable, individuals must dedicate at least 200 hours of service annually; while unpaid, they receive reimbursement for uniforms and job-related expenses.

A Nonpolice Organization

- The Security Service, commonly known as MI5, is responsible for protecting the UK against national security threats.

- It operates independently of the Home Office and reports to the home secretary.

- The origins trace back to the sixteenth century with Sir Francis Walsingham’s spy network for Queen Elizabeth I.

- By the early twentieth century, various military intelligence units were designated under MI5 for counterintelligence and security.

- The current mandate includes collecting and analyzing intelligence to combat espionage, sabotage, and terrorism.

- MI5 provides security advice to both public and private organizations.

- It is a civilian agency without arrest or detention powers, but collaborates with law enforcement.

- MI6, or the Secret Intelligence Service, handles external security and is akin to the CIA in the U.S.

Office of inspectorate of Constabulary

- The inspectorate was established in 1856 to oversee police efficiency in London and beyond.

- It focuses on operational policies, training, race relations, and the management of police services, offering support to the home secretary.

- Its primary responsibility includes reporting on various police service aspects, such as recruitment, training, crime statistics, and community relations.

- The inspectorate publishes an annual report and occasional topical reports; a notable one in November 2014 highlighted underreported crimes, revealing that over 800,000 incidents were not counted.

- Following the Police Reform and Social Responsibility Act 2011, the inspectorate began prioritizing evaluations of provincial forces and police crime commissioners, assisting in identifying best practices for local strategies.

Independent Police Complaints Commission

- For 40 years, the British government has worked to enhance police-community relations by allowing civilian involvement in cases of alleged police misconduct, a shift from previous self-policing practices by the police.

- Citizen dissatisfaction led to the establishment of the Police Complaints Board via the Police Act (1976), which was criticized for its limited powers and passive oversight role, lacking strong engagement with police forces.

- In response to critiques, the Police Complaints Authority (PCA) replaced the Board through the Police and Criminal Evidence Act (1984), comprising full-time citizen members, excluding current and former police officers.

- The PCA was granted increased authority, actively supervising investigations of serious complaints involving death or bodily harm, and overseeing less serious allegations.

- By the 1990s, the PCA faced renewed criticism regarding its independence from the police and its effectiveness in enforcing the rights outlined in the European Convention on Human Rights, specifically Article 13, which ensures the right to effective remedies for violations.

- Although much of the European Convention was incorporated into the Human Rights Act (1998), Article 13 was not included, leading to ongoing concerns and obligations for British courts to follow European case law developments.

- The Police Reform Act (2002) established the Independent Police Complaints Commission (IPCC) to investigate police misconduct, operational since April 2004.

- The IPCC is defined as a corporate body and operates independently from the government, as outlined in Section 9 of the Act.

- It is composed of a chairperson and at least 10 members, who are appointed by the home secretary; no former or active police officers can be members.

- The IPCC's authority covers all regular police, civilian staff with police authority, and civilian employees, expanding the oversight beyond previous mechanisms.

- Section 12 specifies who can file a complaint: victims, witnesses, or adversely affected individuals, with complaints submitted to the IPCC, police and crime commissioners, or chief officers.

- Complaints can be informally resolved if agreed upon by the complainant.

- Investigations into complaints can take one of four forms, potentially including in-house investigations.

- The text discusses an investigation involving police conduct amid public concern.

- The investigation is overseen by the Independent Police Complaints Commission (IPCC).

- The process involves collecting evidence related to the incident and public reactions.

- Following the investigation, a chief officer assesses the situation and determines necessary actions.

- If the officer is found guilty of misconduct, disciplinary actions may be taken.

- Involvement of the complainant is emphasized, allowing them to actively participate in the process.

- The complainant's consent is required for any resolutions to be made.

- The IPCC keeps the complainant informed throughout the investigation.

- The process aims to enhance transparency and integrity in handling complaints against the police.

- The complainant has the right to appeal during various stages and can attend disciplinary hearings.

Representative Organizations

- Police unions are a long-standing and controversial topic in the United States, significantly influencing policy and management.

- English police officers cannot join unions for representation regarding salaries, pensions, or working conditions.

- Three main associations represent different ranks in the English police service:

- Police Federation: Established in 1919, represents officers below the rank of superintendent.

- Association of Chief Police Officers (ACPO): Originating in the 1890s, represents assistant chief constables and above.

- Superintendents Association: Founded in 1920, specifically for superintendents not covered by the other associations.

- Representatives from these associations participate in the Police Council and the Police Advisory Board, despite the lack of union representation.

- Police Council for Great Britain: Established in 1919, includes local police crime commissioners and association representatives; addresses salaries, duty hours, pensions, and equipment.

- Police Advisory Board for England and Wales: Established in 1964, advises the home secretary on promotions and disciplinary matters, comprising local police crime commissioners and police associations.

Police Functions

- The 1962 Report of the Royal Commission on the Police outlined key responsibilities of police forces in England and Wales.

- The police must:

- Maintain law and order, ensuring the protection of individuals and property.

- Prevent crime from occurring.

- Detect criminals, acting with judicial restraint when interrogating suspects.

- Decide on prosecutions for suspected criminal offenses.

- Conduct prosecutions for less serious offenses.

- Control road traffic and advise local authorities on traffic-related issues.

- Perform duties for Government Departments, such as assessing British nationality applications.

- Provide assistance and support to anyone in need, responding to emergencies as required.

- The roles regarding prosecution have evolved since the introduction of the Crown Prosecutor Service under the Prosecution of Offences Act (1985).

Legal Status

- The English police trace their origins to the constable, a royal representative from the twelfth century.

- The powers of the constable are rooted in common law, as explained in the 1929 Report of the Royal Commission of Police Powers and Procedures.

- British policing is viewed as integral to the citizenry, with police officers seen as citizens in uniform, performing duties they might voluntarily undertake.

- Police powers are legally prescribed, with statutes and directives that outline authority during questioning, arrests, searches, and evidence seizure.

- Notable reports have influenced police powers:

- The Royal Commission on Criminal Procedure (1981) prompted the Police and Criminal Evidence Act (1984).

- The Royal Commission on Criminal Justice (1991) arose from miscarriages of justice, leading to the Criminal Justice and Public Order Act (1994).

- The implications of these legislative changes on police powers will be discussed later in the chapter.

- British police, like their American counterparts, exercise discretion in their duties.

- English constables serve as servants of the Crown rather than as employees of local authorities.

- This principle of independent status is upheld by the courts, emphasizing that constables possess original authority in their roles.

- The 1906 case, Enever v. The King, highlighted that constables act on their own authority, without delegation from others.

- The Fisher v. Oldham Corporation case (1930) reinforced that police constables serve the State rather than local councils, while still being subject to local supervision.

- Despite their independence, constables function within a disciplined organizational structure, following orders from superiors.

- The 1968 case, R. v. Commissioner of the Metropolis, established that chief officers of police have discretion in operational decisions, such as pursuing inquiries or making arrests, without legal interference.

- A constable is accountable to the chief constable of their police force.

- British police officials see court decisions as guarantees of impartiality in police duties.

- Independence of police is supported by reducing local government control over them.

- This separation leads to significant detachment of local politics from the police force.

The Police and the Public

- The Metropolitan Police of London was established in 1829, facing public skepticism towards a centralized police force.

- Founders emphasized the necessity of earning public trust, which the police maintained for over 175 years.

- Recent criticisms over handling of urban riots, allegations of racism, and treatment of ethnic minorities have diminished this trust.

- Public perception of crime is shaped by two data types: police-reported crime figures and the British Crime Survey (BCS), which seeks to gauge unreported crime experiences.

- Crime peaked in England and Wales in 1995, with 5.25 million offenses reported; BCS estimates actual crimes were potentially four times higher.

- By 2005-2006, around 10.9 million crimes occurred against adults in private households, marking a 44% decrease from 1995.

- Significant reductions in domestic burglary (59%) and vehicle crimes (60%) alongside a 43% drop in violent crime were noted.

- Despite falling crime rates, many still perceive an increase in crime, with concerns focused on burglary, car crime, and violent crime.

- A decline in fear of becoming a victim was recorded in the 2010-2011 BCS compared to previous years, especially regarding burglary and car crime.

- In 2012, the British Crime Survey was handed over to the British Market Research Bureau and was renamed the Crime Survey for England and Wales (CSEW).

- The CSEW aims to provide a clearer understanding of crime levels in the country by including unreported incidents.

- For the year ending March 2014, CSEW estimated 7.3 million crime incidents, a 14% decrease from the previous year.

- Notable reductions included:

- Violent crimes: 20%

- Criminal damage: 17%

- Domestic burglary: 12%

- Vehicle theft: 10%

- General theft: 8%

- An estimated 810,000 crimes were committed against children aged 10 to 15, with 55% being violent crimes and 40% involving personal property theft.

- Police recorded 3.7 million crimes, remaining stable from the previous year:

- Decreases: robbery (11%), theft from a person (10%), criminal damage and arson (4%)

- Increases: violence against a person (6%), shoplifting (7%), sexual offenses (20%)

- The rise in sexual offenses is attributed to increased reporting efforts for both recent and historical cases.

- At the end of 2013, there were around 1 million non-notifiable offenses (e.g., minor offenses) leading to magistrate court convictions, which are not included in CSEW estimates or police records.

- In the year ending March 2014, police recorded approximately 21 million incidents of antisocial behavior, reflecting a 7% decrease from the previous year.

- Her Majesty's Inspectorate of Constabulary highlighted the inconsistencies in defining what constitutes antisocial behavior.

- Antisocial behavior has been referenced in various legislative acts, including the Public Order Act (1986), the Housing Act (1996), the Crime and Disorder Act (1998), and the Anti-Social Behaviour Act (2003), signaling its significance in law and order policies of both Conservative and Labour parties.

- Initial public concern centered around perceived risks associated with certain individuals in neighborhoods, leading to commissioned research on public attitudes (Ipsos MORI, 2010).

- The Crime and Disorder Act (1998) categorized antisocial behavior as behavior that causes nuisance, unrest, or incivility, yet findings revealed that many individuals fail to distinguish between antisocial behavior and crime.

- Common manifestations of antisocial behavior include street drinking, underage drinking, youth loitering, vandalism, and graffiti.

- There is a suggestion that the ambiguity in defining antisocial behavior allows local communities to better address specific issues relevant to them.

- Antisocial behavior is identified as either threatening or disruptive in different environments.

- A study categorizes such behaviors into two groups based on their impact on the community.

- Common antisocial behaviors include street drinking, drug use, begging, and other illicit activities.

- The responsibility for addressing these issues is largely attributed to the police (90%), while local councils and parents are seen as less responsible (36% and 8%, respectively).

- Cuts in social services may increase police responsibility for handling antisocial behavior.

- Tensions between police and at-risk youth intensified during public disorder events, exemplified by the riots following the death of Mark Duggan.

- Initially peaceful protests turned into widespread riots in multiple cities, particularly among minority communities.

- Many young individuals, especially from marginalized groups, perceive the criminal justice system as unjust due to their negative experiences with law enforcement.

- Duggan was killed on August 4th, leading to riots from August 6th to 11th.

- Riot insurance claims reached £300 million, with 2,278 commercial businesses damaged and five fatalities, none caused by police.

- Nearly 4,000 arrests were made; offenses recorded totaled 5,175, predominantly involving young males under 25, many with prior convictions.

- As of July 2012, 3,051 individuals had appearances in court; 1,968 were found guilty, with 1,292 receiving immediate custody averaging 16.8 months.

- Demographics: 89% male, 11% female; ethnic breakdown — 36% white, 34% black, 10% mixed, 6% Asian, 2% other.

- 503 youths (ages 10 to 17) were processed in youth courts, with 161 sentenced to an average of eight months in jail.

- The riots affected not just the police but the entire justice system, increasing scrutiny on police operations and public perception.

- A survey conducted post-riots revealed 85% of participants felt sentences were too lenient, and 75% expressed sympathy for the police.

Recruitment and Training

- The British police service prides itself on professionalism, which has gained renewed focus due to recent criticisms.

- Central to professionalism are recruitment, training, and educational opportunities for police members.

- Efforts have been made to evaluate and amend police training programs, with a commitment to continuous improvement.

- The Criminal Justice and Police Act (2001) empowered the home secretary over police training and established Centrex, located at Bramshill House.

- Centrex provided essential training services aligned with the home secretary's National Policing Plan, involving both civilians and seconded police officers.

- In 2007, the National Policing Improvement Agency (NPIA) took over Centrex's responsibilities, focusing on enhancing police organization in various areas, including training, leadership, and modernizing the workforce.

- A national recruitment campaign has been funded by the central government, with Centrex overseeing evaluations of recruits' competencies.

- Training has shifted from a rigid, teacher-centered approach to a more student-centered philosophy, promoting individual development and recognizing differences among recruits.

- New training dimensions in the police force emphasize teamwork, rooted in recommendations from the Scarman Report addressing racial intolerance and the need for understanding in a multiethnic society.

- Current training programs incorporate knowledge acquisition, skill development, and attitudes, designed by Centrex.

- Recruits begin as constables and undergo a two-year probationary period, starting with regional training centers covering theory and practical skills, such as law enforcement procedures and physical education.

- After initial training, hands-on experience is gained under a tutor constable, followed by supervision during the probationary beat period.

- A variety of courses ensure technical competence and provide pathways for promotions, with refresher courses for current officers.

- Specialized training includes investigation, crowd control, and firearms handling, although traditionally English police officers do not carry guns, a notable aspect of their policing approach.

- Officers are encouraged to pursue higher education, supported by the Bramshill scholarship, which allows attendance at top institutions such as Oxford and Cambridge.

- Studies cover various subjects, including anthropology, economics, law, and sociology.

- The police service aims to recruit college graduates for faster advancement through a graduate-entry scheme.

- There is an ongoing effort to improve the police's professional image through better recruitment and training.

- A significant challenge remains in minority recruitment, with current efforts yielding disappointing results.

- The predominance of the white majority in policing racial minorities has implications for community relations.

- While minority recruitment alone won't eliminate racial tensions, it may help reduce some discord.

Crime Prevention

- The English police service has a long-standing commitment to crime prevention, with specialized training provided in Staffordshire.

- Crime-prevention officers are present in every police force, focusing on community involvement and ensuring all officers understand their role in prevention.

- Training strategies include orienting tutor constables towards crime prevention and integrating crime-prevention components in all police training programs.

- Focused policing has been implemented, where beat officers concentrate on specific crime issues during available time.

- Neighborhood watch programs promote community engagement in crime prevention through watching neighborhoods, marking property, conducting home security surveys, and enhancing environmental awareness.

- Thousands of neighborhood watch programs are currently active across the country.

- The home-beat community constable strategy involves assigning an officer to a specific area long-term, focusing on crime fighting and building community relationships, especially regarding property offenses.

- Interest in cost-effective police management strategies has grown amid calls for efficiency and effectiveness.

- Police must prioritize their work, impacting crime-prevention strategies; studies show police respond to nearly all calls.

- Public surveys indicate a desire for more foot patrols, focus on serious crimes, and addressing youth-related issues by community officers.

- The Police and Magistrates' Courts Act (1994) mandated prioritization, leading to local policing plans created by police authorities after consulting with communities.

- Responsibilities for these plans shifted to local police and crime commissioners following the Police Reform and Social Responsibility Act (2011).

- The Home Office promotes citizen-focused policing to boost public confidence by engaging communities in identifying law enforcement needs.

- The role of police community support officers is expanding; these civilians patrol to uphold quality-of-life issues and identify community safety concerns.

- The Metropolitan Police Service has a Victim Support Scheme to encourage victims to seek help.

- Specialized officers are trained to assist sexual assault victims.

- Community safety units have been established to enhance community relations and address local cultural issues.

- These units focus on tackling hate crimes, providing advice, and referring victims to other organizations.

- Allegations of hate crimes will be investigated by the community safety units.

- If a crime is confirmed, support will be offered during the prosecutorial process.

Public Perceptions of Police

- English police officers, especially in urban areas, feel misunderstood, largely due to limited interactions with only a criminal segment of the population.

- Officers are often unaware that a significant portion of the nonoffender population views their service positively.

- Support for police is not as strong among youth and minority groups, who commonly express concerns over police rudeness, temper issues, and dishonesty.

- General criticisms include abuse of search and arrest powers, questionable information-gathering methods, and suppression of complaints against police behavior.

- A study by the Policy Studies Institute (1980-1982) revealed that while overall public confidence in police was satisfactory, many felt police were not approachable.

- Approximately 46% felt police received fair treatment, while 29% believed certain groups did not, often identifying minorities as those facing discrimination.

- One in ten people expressed low confidence in police standards of conduct; however, they did not perceive a pattern of repeated misconduct.

- Relations with specific minority groups were identified as a source of divisive attitudes, particularly among young people (15-24 years).

- A significant portion of young white individuals perceived police as using threats and excessive force, while those of West Indian origin were even more critical, with 62% believing police exerted undue pressure and 53% feeling excessive force was used.

- Despite challenges, minority groups showed willingness to cooperate with police.

- Over half believed increased minority recruitment in police would make no difference; one-third saw potential for improvement.

- Diversity in support for minority hiring was noted across racial groups (whites, Asians, West Indians).

- Until the 1980s, police were reluctant to acknowledge societal changes affecting the police-public dynamic.

- Confrontations were less violent in England compared to the U.S. until a rise in vocal minority dissent occurred in the 1980s.

- Demands from these groups mirrored those from the American civil rights movement.

- Police initiatives aimed at improving relations with the public, especially among youth and minorities, began to emerge.

- Key strategies included enhanced training in community relations, addressing officer misconduct, and increasing public awareness of police roles.

- The Police and Criminal Evidence Act (1984) prompted the establishment of liaison offices for community-police interaction.

- The Home Office recommended Police Consultative Committees (PCCs) to:

1. Allow public expression of views on policing.

2. Enhance understanding of police roles.

3. Resolve conflicts between police and specific groups.

4. Promote community involvement in crime prevention.

- Recent British Crime Survey explores public perceptions of police, showing varied knowledge and experiences.

- Satisfaction differs: those reporting crimes less satisfied than others contacting police.

- Ethnic minorities, especially Asians and Afro-Caribbeans, tend to view police more negatively than whites.

- In 2004-2005, 58% of white respondents were satisfied with police responses, compared to 48% of Asians and 53% of blacks.

- Sir William Macpherson's 1999 report highlighted "institutional racism" in the police, particularly within the London Metropolitan Police.

- The police have committed to improving relations with minority communities post-report, despite rising tensions after terrorist attacks.

- Overall confidence in police is significant; 59% perceive local police as performing well in 2010-2011.

- Confidence metrics from previous years show a gradual increase in perceptions of police reliability and fairness.

JUDICIARY

- Scholars agree that King Henry II (1133-1189) played a crucial role in developing the English common law and judicial system.

- Upon becoming king in 1154, Henry aimed to strengthen his political and economic position by centralizing justice administration.

- Before his reign, justice was administered at the local level primarily through shire courts, led by social elites rather than legal experts.

- The Norman invasion of 1066 established feudalism, with lords administering manorial justice, a system that Henry II sought to reform.

- Public dissatisfaction with local manorial courts prompted calls for the king, as the ultimate source of justice, to intervene in disputes.

- Henry created the Curia Regis (Great Council) to advise him and represent a more centralized judicial authority.

- He established three major courts in Westminster:

- Court of Exchequer: addressed Crown-taxpayer disputes.

- Court of Common Pleas: handled civil and criminal cases among subjects.

- Court of King's Bench: dealt with cases involving lords and provided appellate jurisdiction over certain cases.

- Henry II introduced circuit judges to bring royal justice to those unable to reach Westminster courts, a concept initially suggested by his grandfather, King Henry I.

- By the fourteenth century, the role of justice of the peace emerged, empowering local officials to perform tasks like making arrests and adjudicating minor cases, thereby expanding access to justice.

- From the fifteenth to the nineteenth century, various specialized courts were established and the court hierarchy was restructured, leading to a centralized and specialized court system in England, outpacing many other European nations in this regard.

- The centralization of royal courts not only strengthened Henry II's political authority among the lords but also improved his financial condition, as access to these courts required the purchase of writs.

- Key writs developed during the medieval period included:

- Quo Warranto: Addressed the legal and political power of lords.

- Certiorari: Allowed proceedings from lower courts to be escalated to higher courts.

- Habeas Corpus: Guaranteed court representation for individuals.

- Prohibition: Prevented proceedings in lower courts when inappropriate.

- Mandamus: Directed lower courts to perform their legal duties correctly.

- The writ system, alongside court centralization, remains a foundational element of the legal framework in jurisdictions deriving from English common law.

- The jury has been integral to the development of common law, with Henry II formalizing and expanding its use.

- Originally, juries gathered men with personal knowledge to provide information for the king; this evolved under Henry II.

- The Assize of Clarendon in 1166 established grand juries in each county, initially made up of 12 members to identify serious crime suspects.

- By the late 15th century, grand juries shifted from personal knowledge to examining presented evidence.

- The abolition of trials by ordeal in 1215 led to the creation of the petty or trial jury, composed of 12 individuals to determine guilt or innocence.

- Henry II also centralized royal courts, established circuit courts, and implemented legal writs, enhancing justice administration by the late 13th century.

- The medieval period saw the rise of a distinct legal profession, with English kings appointing learned clerks to the Curia Regis, particularly those trained in Roman or canon law.

- During the Middle Ages, pleaders were appointed as judges, giving rise to barristers, who currently serve in that judicial role.

- The legal education in England differed from that in continental Europe, where university studies were primarily theoretical.

- English common law students underwent vocational training, requiring attendance at royal court proceedings, complemented by lectures and discussions at their associated inns.

- In the 17th and 18th centuries, legal education faced challenges as inns were closed, forcing lay students to study law independently with barristers.

- Although William Blackstone lectured on English law at a university in the late 18th century, it was not until the 19th century that formal courses on English common law were introduced at universities, leading to university degrees in the subject.

Organization and Administration of the Courts

Before the English court hierarchy can be understood, it is important to explain the responsibilities of several officer holders.

The Court of Appeal

- The Court of Appeal serves as the apex court for the English legal system, divided into civil and criminal divisions.

- The presiding judge in the civil division is the Master of the Rolls, while the criminal division is led by the Lord Chief Justice.

- The court is composed of 2 Lord Justices of Appeal, who are essential members alongside the presiding judges.

- Eligibility for appointment requires either being a High Court judge or having a right of audience in the High Court for at least 10 years.

- Judges must retire at the age of 75.

- The Lord Chancellor has the authority to assign additional High Court judges to hear specific criminal cases when necessary.

Magistrates' Courts

- Magistrates' courts are the primary courts in the English system, handling over 96% of criminal cases.

- More than 500 magistrates' courts exist across local government areas.

- They manage minor criminal cases through summation, with magistrates deciding outcomes without jury involvement.

- Common offenses include traffic violations, with initial case evaluations performed by a magistrate to determine jurisdiction.

- The courts also act as the juvenile court for juvenile criminal prosecutions and noncriminal child protection cases.

- There are two types of magistrates:

- District judges (approximately 130), legally trained and with a minimum of seven years' experience, presiding solo over cases.

- Lay magistrates (around 23,000), known as justices of the peace, are non-professionals serving at least one day biweekly, often in panels of three.

- Lay magistrates receive minimal training and rely on court clerks for legal guidance, as they themselves do not rule on cases.