Background to police powers Flashcards
Which Act put a police Chief Constable in charge of each police force: the most senior officer, in charge of the direction and control of that police force.
Police Act 1996
What did the Police Reform Act 2002 do
allowed the Home Sec to suspend Chief Constables, a power rarely exercised; and provides for the use of community support officers: staff who carry out low level policing powers such as giving out fixed penalty notices. Investigation officers.
Why is it right that the judiciary must be able to review the use of their extensive powers
as the police are part of the executive
Case where scrutiny can occur through a tort claim , usually via the tort of trespass to a person
• Hsu v Commissioner of Police of the Metroplis: set three types of damages available against the police: ordinary damages for compensatory purposes; aggravated damages for high handed or oppressive actions, which are double the ordinary level of damages; and exemplary damages for the most serious of claims of misbehaviour; to a maximum of £50,000. However, CoA guidelines have held that this should be reduced to £30,000.
Judicial scrutiny through criminal proceedings
Sometimes a police officer will be liable for a breach of criminal law, although this is very rare. Times research found that from 2011-2014 approximately 200 serving police officers had been convicted of serious crimes.
Judicial scrutiny through JR cases
- R v Metropolitan Police Commissioner, ex p Blackburn: required that the police enforce gambling laws (however, while in the process of bringing an action the police did enforce the criminal law, hence no need to give judgement in the case)
- R v CC of Sussex, ex p International Traders Ferry: It was held the police was not required to provide constant supervision at a protest, as it was not irrational/unreasonable to only supervise on certain days. (animal rights activist case protesting against the live shipping of animals at ports).
What body was set up to deal with complaints of the police and their conduct
IPCC- the Police Reform Act 2002 created this statutory body to deal with complaints
What are the four methods in which the IPCC can deal with complaints
an investigation carried out by a Chief Constable; an investigation supervised by the IPCC; an investigation managed by the IPCC; or an investigation carried out by the IPCC themselves.
Reports can be made against the police by independent bodies, given an example
Steven Lawrenece Enquiry in 1999, which accused the police of institutional racism.
