As we can see, the laws in this country cover many different areas and many different groups. The laws are there to protect the people. Without laws, there would be anarchy. In the early 19th Century an man called John Austin defined law as being a command issued from a superior (the State), to an inferior (the individual) and enforced by sanctions. Some would consider this an inaccurate description as the law (and the State) can be challenged in the 21st Century. (ibid, p9)
The Police are the front line force of law enforcement. They are responsible for investigating crimes, gathering evidence and deciding whether to charge a suspect. They play a wide and important role in the overall application of the law. The Police hove powers over suspected criminals that can be used to assist the conviction of the guilty. However, the police have been criticised for abusing their powers, occasionally leading to serious miscarriages of justice as the well know cases of the Guildford 4 and the Birmingham 6 demonstrated, and it was incidents such as these that led to the introduction of PACE. (Elliott, 2010, p384).
The Police and Criminal Evidence act 1984 (PACE) was introduced to modernise the power of policed in the UK as a result of an inquiry led by the Royal Commission on Common Procedure (RCCP). PACE provides the code of practice that police forces have to abide by. Failure to comply with PACE can lead to misconduct charges against a police officer. As PACE is a code of practice rather then an Act of Parliament it can be easily amended if necessary. (Malcolm, 2007, p154) The codes cover several areas; Code A deals stop and search powers, Code B gives powers to search premises and seize property, Code C deals with detention treatment and suspect questioning, Code D relates to identification procedures, Code E deals with tape-recording suspect interviews, Code F guides on visual recording with sound interviews, Code G on arrest powers and Code H terrorism suspects under the Terrorism Act (2000). (Martin, 2007, p149).
PACE affects every police officer in the country, but police forces in the UK are traditionally run as local police forces. The theory behind having a more decentralised approach was to create links to the community being policed and reduce the risk of Police oppression. A more centralised approach was taken with the Police Magistrates’ Courts Act (1994) which allowed the Home Secretary to set objectives for all UK police authorities. The power increased further with the Police Reform Act (2002) and the Home Secretary will now produce an annual National Policing Plan which will set strategic policing policies for Police Forces in England and Wales. (Elliott, 2010, p382)
The Bichard inquiry into the murders of Holly Wells and Jessica Chapman in 2002 was heavily critical of the Humberside police (ibid, p382). Published in June 2004 the inquiry noted that the failings of the Humberside Police were ‘systemic and corporate’ (Bichard, 2004, p7). Despite the effects of this report, the Chief Constable of Humberside Police refused to resign. The Home Secretary suspended the Police chief, who challenged the legality of this action. The matter went to court where the Home Secretary’s right was upheld. Since the inquiry the Police and Justice Act (2006) has increased the powers of the Home Secretary over the Police. (Elliott, 2010, p382)
It is not just the Home Secretary that has powers over the police, but ordinary citizens as well. Should they wish to make a complaint to a police authority then this must be recorded by that police authority. The police must ‘obtain and/or preserve evidence’ which is relevant to the complaint. Minor complaints can be dealt with by an acknowledgement of the error and a formal apology. If the complaint is upheld for a serious matter then senior figures form the police force will investigate and take any appropriate disciplinary action. If the complaint relates to a senior officer, the matter will be investigated by a separate police force. (Martin, 2007, p165)
The Independent Police Complaints Commission (IPCC) exists to supervise the complaints procedure against police officers and staff and will set out and enforce the standards which must be followed. The IPCC also has powers to investigate any serious issues they may discover or that are bought to it’s attention (Martin, 2007, p166). This was the case with John Charles De Menezes when his family made a formal complaint in 2005 (IPCC website – accesses 29/12/2010).
The IPCC is designed to protect the people form those whose role is to protect the people. Acts such as PACE exist to give clear guidelines as to what a police officer can and can’t do, yet there is an inevitable clash with Civil Rights issues
In order investigate criminal suspects and criminal activity effectively the Police will need to have powers to stop and search individuals, to enter a person’s house and make arrests if they suspect an individual is guilty of a crime. The power to interview and interrogate suspects and hold them in detention if necessary is a vital part of the investigative process. These are indisputable facts, and the power the police have over the individual is great. So what of civil rights? Anyone who is suspected of a crime should be safe in the knowledge that they will not be tortured, beaten or have a false confessions taken from them. (Davies, 2007, p153).
In light of events in recent years police may need to prove that a suspect has not been chosen as a suspect because of their race or ethnicity. The BBC documentary “the Secret Policeman” first aired in October 2003. Film-maker Mark Daley went undercover in a police training camp to find out if the police was an institutionally racist organisation. Despite the reporter finding that this was not the case, there were several instances of clearly racist and bigoted behaviour which was described by the chairman of the Commission for Racial Equality as "truly shocking". (BBC Website – accessed 29/12/10)
Following the documentary ten police officers involved resigned and twelve more were disciplined and three police trainers were removed following a Police Complaints Authority (PCA) investigation, in agreement with the Independent Police Complaints Commission (IPCC). The Campaign for Racial Equality launched a formal inquiry and made 125 recommendations for change. (BBC Website – accessed 29/12/10)
A topical issue of recent times concerns the policing of demonstrations. On 01 April 2009 Ian Tomlinson was assaulted at the G20 demonstrations in London. Although not a participant of the demonstrations, the Mr Tomlinson was in the area at the time of the protest. Later that day he seemingly died of a heart attack. A short while later, The Guardian released footage showing Mr Tomlinson being violently pushed to the ground by a policeman shortly before he died. A second autopsy alleged that Mr Tomlinson had died of internal injuries. (Elliott, 2010, p416). Allegations of Mr Tomlinson being beaten by police prior to the footage of him being forced to the ground by an officer continue, and a full inquiry will begin on 28th March 2011 ( – accessed 05/01/11).
The debate between police powers and civil rights will continue over the next few years from 2011. The outcome of miscarriages of justice such as the Guildford 4 and the Birmingham 6 led to the introduction of PACE. The Secret Policeman documentary sprung from the MacPherson report into the murder of Stephen Lawrence which called the police “institutionally racist”. The death of Ian Tomlinson, as well as the recent clashes between police and demonstrators over university tuition fee’s in November and December 2010 and the Police’s use of the ‘Kettling’ technique, has called into question the policing of demonstrations. With more demonstrations planned for 2011 as well as the results inquiry into the death of Ian Tomlinson, police power and accountability will debated again.
The simple truth is that police officers need the rational-legal authority to investigate and prevent criminal action. Without it they could not effectively enforce the law. None the less, civil liberties that many people have fought and died must be protected. Malcolm Davies is right when he says that “legislation on police powers must balance conflicting needs of crime prevention and due process” (Davies, 2007, p153).
Bibliography
Birchard, Sir Michael – The Birchard Inquiry – 2004 – London: The Stationary Office
Davies, Malcolm – Criminal Justice (3rd edition) – 2007 – Pearson Education Ltd
Elliott, Catherine – English Legal System (11th edition) – 2010 – Pearson Education Ltd
Leach, Robert – British Politics – 2006 – Palgrave McMillan
Martin, Jacqueline – The English Legal System (5th edition) – 2007 – Hodder Education
Internet Sources
IPCC Website - IPCC to Investigate Complaint from Jean Charles de Menezes’ Family -
BBC Website – Anger after Police Racism Film -
BBC Website – The Secret Policeman -
Ian Tomlinson Family Campaign -
