7 - General

Question 1

Growth of legislation to protect the citizen…

Answer 1

Tension between government wanting to protect citizens and the freedom of citizens

Legislation = Government Power

Increase in legislation therefore = growing government power over the citizenry

Question 2

Order in Society…

Answer 2

Is it needed?
Who maintains it?
Who defines what we need?

Investigatory Powers Bill (RIPA 2000) - Data grab – safe guards – Polical football

National Socialists in Germany / Stalin in Russia / Control by vested interests in E & W. ETHICAL APPROVAL FORMS DUE TO NAZI

Question 3

Influences on Legislation

Answer 3

Changing & Developing Social Issues

Labelling Theory (Becker)

Folk devils & Moral Panics (Cohen)

Investigatory Powers Bill- RIPA 2000 out of date to deal with advancements in technology/need for protection from online Cybercrime /

Question 4

National Decision Model

Answer 4

Gather
Information &
Intelligence

Assess Threat Risk & Opportunity

Powers and Policy

Identify Options

Action
and Review

Brings together the Conflict Management Model, Sara and the Values-Based Decision-Making Model – all of which are very similar.

Question 5

Human Rights Act 1998

Answer 5

Article 2 – Right to Life (A)

Article 3 – Prohibition of Torture (A)

Article 4 – Prohibition of Slavery and Forced Labour (A)

Article 5 – Right to Liberty and Security (L)

Article 6 - Right to a Fair Trial (L)

Article 7 – No Punishment without Law (A)

Article 8 – Right to Respect for Private & Family Life (Q)

Article 9 – Freedom of Thought, Conscience & Religion (Q)

Article 10 – Freedom of Expression (Q)

Article 11 – Freedom of Assembly & Association (Q)

Article 14 – Prohibition of Discrimination (L)

Question 6

Organisational Hierarchy & Powers

Answer 6

Chief Constable

Deputy Chief Constable

Assistant Chief Constable

Chief Superintendent
Superintendent

Chief Inspector
Inspector
Sergeant
Constable

Rank Structure; Being a Constable (attested) gives you powers stop search/arrest/ search premises / remove children / stop the traffic

Some ranks have legal powers others do not.

Therefore the correct use / training of power use & defensible decision making is essential OR POWER WILL BE REMOVED BY SOCIETY

Question 7

Stop/Search Statistics

Answer 7

Issues of disproportionality ; 2011/12

2014 evaluation statistics;

1,006,000 stop/searches conducted

27% were illegal

Question 8

Challenge for Multi-agency

Answer 8

Management of information and intelligence within and between public organisations;

Possibly the larges challenge for practitioners and organisations

Question 9

Police sharing of Intelligence and Information

Answer 9

A range of serious case reviews where the chronology demonstrates reoccurrence of the same issues; and

An inability to learn from past mistakes

One such case: Zahid Mubarack

Question 10

Police & Criminal Evidence Act 1984 PACE

Answer 10

Reasonable Suspicion 25% certain

Reasonable Belief 50% certain

Searching Individual People / Vehicles

Sect 1 - Stop /search (PACE Section 117)

Sect 3 – Road Checks

Sect 32- Search arrested person after arrest

Question 11

Policing & Human Rights

Answer 11

Decision Making Criteria

Policing Values – Protecting the public

Human Rights Act 1998 PLAN

P = Proportionality
L =  Lawful
A = Authorised (by a specific person)
N = Necessity

Question 12

Policing Responsibility

Answer 12

Powers within Policing

Decision Making / Use of Discretion

Protecting Our Communities

Leicestershire Police Aim

At three levels to set Policy & Practice
Individual / Team & Force Level

Question 13

Powers & Responsibility

Answer 13

Reasonable Use of Force - Criminal justice Act 1967 Section 3, Police & Criminal Evidence Act 1984 Section 117, Common Law Breach of Peace

Sect 4 Vagrancy Act 1824 (Sus Laws)
‘suspected person loitering with intent to commit a felonious offence‘

Scarman Report 1981 (Swamp 81)

Question 14

Each organisation which makes up the public sector are:-

Answer 14

Assumed to be effective

Work well with other organisations

Cover the needs of the citizen

Question 15

Policing…

Answer 15

Scarman Report (1981) initiated the passing of Police & Criminal Evidence Act 1984 (PACE)

Police & Criminal Evidence Act 1984 - Applied in conjunction with the PACE Codes of Practice

Question 16

Who you gonna call?

Answer 16

Society through the authority of Government be it national or local provides a number of MERIT SERVICES; services that nobody, other than charities would cover but are deemed necessary for the protection of all and individual citizen; hospitals, doctors, social work, police, prisons, courts , armed forces;

This reflects the Governments responsiblility to protect citizens but at the same time allow freedon; Balance between laws and powers of the state and personal freedon - THIS IS A MOVING ISSUE – example RIPA 1998 & Investigatory Powers Bill before parliament.

Question 17

Raison d`etre…

What role are the Police meant to fulfil ?

And

Where do they fit into multi-agency work?

Answer 17

In society; do they know / do the public know / is it clear