Police abusing thier powers yet again

  • Thread starter Thread starter Holden Caulfield
  • Start date Start date
Bitching? I had hoped that rude behaviour wouldn't surface, nice one for being the first to blow that out of the water :)

Now, to clarify.
I said I was under the impression that any searches would go on record (which they do), so it's not a million miles away to suggest that this could also turn out to be a problem for folk travelling to the states.

I read a lot and I don't bookmark everything, sorry.

Besides, your widely missing the point Beans, maybe read my posts again if you persist in thinking that I'm 'bitching'. :thumbs:

You're writing something which is clearly wrong, hence me asking for sources. Don't bother with facts if you can't find a source for them.

You are talking about ramifications which are simply not there, I call that bitching about something, yes - you are obviously not happy about something in which you believe, but as it turned out, no reason to, because you are wrong. So instead to bitch about, why not read up and rectify :)
 
You're writing something which is clearly wrong, hence me asking for sources. Don't bother with facts if you can't find a source for them.

With all due respect, How do you know what your 'bitching' about (as you say) is fact? :) I haven't claimed any fact here.

There are three sentences in the post that you have taken offense to, only one of the them is up for review.

Can you honestly prove that if you have any stop and search under s44 against your name there aren't any ramifications? Not just in reference to traveling to the US, in general and also potentially?

Personally I wouldn't want any of it going on record in an age where 'mistakes' happen so often and someone is always being sort out for blame.

Although I can't 'prove' anything neither can you. :)

If you had bothered to read any of my other posts the point is that s44 needs amendment, It's not the police who are directly to blame for it's abuse.
 
Personally I've never been bothered about being filmed on someone's mobile phone because I'm confident that I'm doing my job properly.

Which is the correct attitude and an indication that you have respect for the job you are doing and for the general public.

I'm sure at least 99% of officers have a similar attitude. Unfortunately, we only hear about the other 1% (or less).

Steve.
 
Can you honestly prove that if you have any stop and search under s44 against your name there aren't any ramifications? Not just in reference to traveling to the US, in general and also potentially?

I can't prove a negative, all I can tell you is where the stops are held and why. If there was anything more valuable resulting from the stop - intelligence, an arrest, etc, then it would be recorded elsewhere. A s44 stop, or for that matter, a s1 PACE search or a s23 Misuse of Drugs Act stop, has no value or consequences on its own, and this is explained on the back of the Stop & Search slip.
 
Hmmm, an interesting read, and it's nice to see the other side of the argument put forward in a well-written and calm manner!

It definitely does sound like a case of the few bad ones trashing the reputation of the rest, sure the number of these incidents seems to be going up, (still, that could just be because they're more widely reported). And when it's thought about in context, it's still pretty rare.

Only the bad stuff ever gets reported, when was the last time the Daily Mail and similar ran a front page article saying "99% of police force doing a good job".....

The officers in question seem like numpties, and hopefully appropriate action will be taken against them, but the lady from the article really didn't help herself! Filming them was legal, but when she tried to hide it, surely that made things worse? I don't know anything about the law in this case, but by not showing them/hiding it etc, does that not come under some 'refusing to co-operate with the police' type thing? Similar to being stopped and searched and saying 'no'?
 
You 2 have never been pushed around by the police have you? I've been grabbed and dragged backwards by a police inspector before, I wish someone was filming it. before you say I was doing something to provoke it, I wasn't. My dad was with me at the time and he is a Met police officer and couldn't believe the attitude of the inspector.

I do find it amusing how so many police officers say it's illegal to film them yet release the people they have arrested so quickly without an explanation.

not quite sure why my post deserved that reaction to be honest , i posted as i saw it , she may be the nicest person in the world , i still say she tried to get a reaction , and then didnt like it when she got one ;)
 
I don't know anything about the law in this case, but by not showing them/hiding it etc, does that not come under some 'refusing to co-operate with the police' type thing? Similar to being stopped and searched and saying 'no'?

There is no law against "refusing to cooperate" as such, but there is of Obstructing a Police officer (you're looking for s89.2 if you follow the link).

When someone is stopped for a search, they are "detained" for that purpose. They are not under arrest, but to then refuse to comply with the search could be construed as obstruction. They are not required to answer any questions put to them. There is also a specific offence of Obstructing a Search for Drugs, if that is the nature of the stop. Naturally, if you were arrested for obstruction in such circumstances, the officers involved would have to show that their stop was lawful and reasonable.
 
There is no law against "refusing to cooperate" as such, but there is of Obstructing a Police officer (you're looking for s89.2 if you follow the link).

When someone is stopped for a search, they are "detained" for that purpose. They are not under arrest, but to then refuse to comply with the search could be construed as obstruction. They are not required to answer any questions put to them. There is also a specific offence of Obstructing a Search for Drugs, if that is the nature of the stop. Naturally, if you were arrested for obstruction in such circumstances, the officers involved would have to show that their stop was lawful and reasonable.

Ah right, thanks for clearing that up! So in the cases where the police officer demands the photos are deleted, if you refuse, could the officer arrest you under s89.2 for obstructing them (as if they were doing this, obviously they would be thinking what they were asking is within their power)?

I'm just wondering, as I'm planning on going to London soon, and am just preparing should I encounter one of the less well-informed ones!

Thanks a lot :thumbs:

Chris
 
Ah right, thanks for clearing that up! So in the cases where the police officer demands the photos are deleted, if you refuse, could the officer arrest you under s89.2 for obstructing them (as if they were doing this, obviously they would be thinking what they were asking is within their power?

No, because they have no lawful authority to demand that the photos are deleted. Any arrest they subsequently made for you refusing to comply with this direction would have to be justified with considerable difficulty, as the original request was unlawful. In theory, it could happen, but officers are better briefed now than they were even a couple of months ago.

To put your mind at rest, I have never heard of anybody being arrested for obstruction in such circumstances.
 
id say no, as he doesnt have the rights to do it in the first place. plus it is illegal to tamper with evidence!

but im intrigued on the actual lawful answer here
 
id say no, as he doesnt have the rights to do it in the first place. plus it is illegal to tamper with evidence! but im intrigued on the actual lawful answer here

Powers of arrest for Police Officers are conferred by s24 of the Police and Criminal Evidence Act.

It all comes down to "reasonable grounds" for the arrest. A belief can be reasonable, even if it is mistaken. In this case, though theoretically someone may be arrested in the circumstances (and I stress again that I don't know of any cases where this has happened to a photographer for obstruction), the officers would have to justify the reason for the arrest. It would be made very difficult by the fact that their request would be unlawful in itself, and that officers have been given new guidance on lawful powers and procedures with regards to photographers.

I can say 100% that no prosecution would arise in the circumstances, and it would be very hard even for the custody Sergeant to authorise detention in the circumstances.
 
Very interesting read this...

I myself am an ex police officer, and whilst the majority of police officers are good, there are a few which are just plain bad, and its those that quickly ruined the job for me and made me leave.

In my experiences, I treated people with respect where I could but as photoplod has pointed out, things can turn nasty in an instant. People beleive they are being mistreated by the police, but a lot of the time we are doing it for our own safety, as well as the publics (obviously I am referring to physical force not use of a camera in this instance).

Personally, I would not have been bothered about bieng filmed as I knew that I never did anything that I would be worried about bieng caught on camera, and I question anyone who would be scared of their actions being caught on camera...

Thats just my opinion though ;)
 
With all due respect, How do you know what your 'bitching' about (as you say) is fact? :) I haven't claimed any fact here.

There are three sentences in the post that you have taken offense to, only one of the them is up for review.

Can you honestly prove that if you have any stop and search under s44 against your name there aren't any ramifications? Not just in reference to traveling to the US, in general and also potentially?

Personally I wouldn't want any of it going on record in an age where 'mistakes' happen so often and someone is always being sort out for blame.

Although I can't 'prove' anything neither can you. :)

If you had bothered to read any of my other posts the point is that s44 needs amendment, It's not the police who are directly to blame for it's abuse.

Sorry, it did look that what you were saying was fact. I think the ramification point has been clarified by Photo Plod. I agree that the S44 needs to change but also that support and training for police staff has to increase.
 
All this Police bashing, I can't help wandering who you lot will call when there is a problem?
I am of course sorry for the death of Ian Tomlinson or anyone else for that matter, however. If you want to walk miles out of your way and off your normal route to join in or observe a riot, then decide to walk very slowly in front of police officers that have spent most of the day being screamed at, spat at and abused and you get pushed and then fall over, well tough luck.

If you want to rid the streets and towns of drug dealing and drug takers you have to accept that the police need to carry out random searches in the normal course of their duties. Why film it? To stir trouble perhaps? what was the young lady in question going to do with the video?
I know sometimes the police get it wrong, but why harass them at work?
 
It all comes down to "reasonable grounds" for the arrest. A belief can be reasonable, even if it is mistaken.

This is absolutely correct.

If you are detained or arrested then it is on suspicion of doing something illegal for which you are still considered innocent until found guilty by a court.

Only a court judgement can decide this so until this point is reached it is reasonable for an officer to detain and/or arrest you if there are reasonable grounds for doing so - even if you are innocent.


Steve.
 
There is a real problem here, beyond all the emotive stuff on all sides.

The guy who didn't want to be filmed, and have the images shown on youtube as he said at the time, was an undercover policeman. That is not an unreasonable wish, and this seems to be what started it all. Apart from that, it was a routine drugs search, none were found, no laws were broken, no harm done.

Being filmed is a major problem for the police at this time, for all sorts of reasons. Some reasons are justified, some are not, and the police are twisting anti-terrorism laws to get the result they want. That is certainly not right.

Policing is becoming ever more difficult, and public sensitivity is at an all time high. It is incredibly easy for anyone to take photos or video, and then stick it up on the internet for the whole friggin world to see. And there of course, we all jump to whatever conclusion suits us. That is certainly not right, either.
 
time and time again we hear of all the negative aspects of police and photographers......... I have to say this in their defence...... they have a job to do and probably dont have photographic memories to enable them to remember the wording of each and every law...............so they go with their belief..better being safe than sorry
I was on a shoot in the middle of Edinburgh city centre in one of hte biggest car parks int he town on monday night up to about half past midnight............. we were using toy guns etc as well................we drew a lot of attention from the locals.......... and the police.. they drove past....... slowly........... got to the end of the road, turned round drove slowly past us once more........ and then left us in peace... so common sense DOES prevail its not going to redres the balance but i do want to say lets not concentrate always on the negative.
if you have nothing to hide you have nothing to fear........ I have got myself into many places i probably shouldnt be for a photo and i have never ever been stopped or even questioned.......... Monday was the most attention i have ever had from the police... maybe idont look good enough to be taken seriously???

why worry about your name being on yet another file for admin purposes... its probably on more than you realise.

as long as you are not shooting something you shouldnt be then dont stop shooting!:)
 
I've nothing to add but would like to say a huge thank you to Photo Plod for his answers and comments on this thread - have been very informative!

:plusone:

I don't usually use those silly characters but in this case.....


Steve.
 
I can't prove a negative, all I can tell you is where the stops are held and why. If there was anything more valuable resulting from the stop - intelligence, an arrest, etc, then it would be recorded elsewhere. A s44 stop, or for that matter, a s1 PACE search or a s23 Misuse of Drugs Act stop, has no value or consequences on its own, and this is explained on the back of the Stop & Search slip.

Thanks for the info, I do hope you don't think I'm trying to be unnecessarily argumentative here and further more please note that I am very grateful to have your contributions here in such a calm and civilized manner.
Good on you Sir :thumbs:
As mentioned above, it's valuable to have at least one perspective from 'the other half of the story' and you can help set the record straight.

The problem with footage comes when it *is* edited, because you can edit it to look like something else.....

Personally I've never been bothered about being filmed on someone's mobile phone because I'm confident that I'm doing my job properly. However, I'm well aware that "use of force" is not something that most people encounter in their everyday lives, and so it can look very unpleasant when people see it. The fact is we deal with any situation as either an "unknown risk" or a "high risk", because things can turn on you in an instant.

This is very true, footage can be edited to suggest the contrary, the media are quite skilled at it.

I agree, the 'use of force' when seen on video can be perceived or interpreted incorrectly (and then exaggerated) without having all the correct/accurate detail to accompany the footage.

The door swings both ways.

Unedited footage that appears on the likes of youtube supposedly incriminating those that do seem to be abusing their position must also be subjected to thorough review.

It's not just the police, protesters can provoke and encourage the worst, as can press/paps also.

It's unfortunately human nature it seems.

It doesn't excuse the events that have spawned from the friction with photography in public due to anti terror hype IMO. The 'laws' are in serious need of amendment and clarification, for the benefit of both the public and the police.

Sorry, it did look that what you were saying was fact. I think the ramification point has been clarified by Photo Plod. I agree that the S44 needs to change but also that support and training for police staff has to increase.

Ney bother :thumbs: Indeed, support and training on the increase I would certainly agree with, I'm no police 'basher' but there as mentioned there are some out there that are unaware that it's not illegal to film or photograph them or the surrounding city landscapes.

Whether this 'law' will remain in a few years time is debatable.

The ideal of the police being 'policed' by your average joe with a camera/camcorder is fair enough and should not be restricted.

I just wish there was a way we could manage the same ideal with banks :D
 
I've nothing to add but would like to say a huge thank you to Photo Plod for his answers and comments on this thread - have been very informative!

I agree :)


I must admit I'm quite supportive of the police, the job they do and the problems they face in carrying it out, so am on the fence on this issue. I do agree with some of the statements...ie why film it, provoke a reaction etc etc.

However, if the officer was an undercover policeman, surely he shouldn't have been doing an overt job then?
 
Thanks for all your comments, everyone...I'm glad some of what I said was useful.

However, if the officer was an undercover policeman, surely he shouldn't have been doing an overt job then?

We tend to use the phrase "plain clothes" for exactly that reason. Indeed, a true undercover officer would not be doing that job, but in this case the officers were simply wearing ordinary clothes while carrying out routine police work. It's something most of us do at some point, but we're not "undercover" in the sense you're thinking of :)
 
what scares me is that the police do not know the law that they are trying to allegedly uphold.

I've had incidents where the police have had to get involved over the past few years and it's quite apparent that as a crip, I'm most definately a second class citizen to the majority of them, most of the time nothing was ever done about the issue, including several cases of assult and one of theft (someone was vindictive enough to steal my ramp for my wheelchair!).
 
Thanks for all your comments, everyone...I'm glad some of what I said was useful.



We tend to use the phrase "plain clothes" for exactly that reason. Indeed, a true undercover officer would not be doing that job, but in this case the officers were simply wearing ordinary clothes while carrying out routine police work. It's something most of us do at some point, but we're not "undercover" in the sense you're thinking of :)

That's an important distinction, which appears to be lost on The Guardian. They talk about numerous 'undercover' police being invloved. How many police does it take for a run of the mill stop and search on suspicion of drugs? Maybe there's more to this case than we have been told. There often is. And I thought The Guardian was a bastion of truth... ;)

But I still think the police have a valid concern about being filmed, stuff being edited and presented on youtube out of context, and a wholly distorted picture emerging. And there are security implications, beyond acts of terrorism, that can only make policing more difficult.

I guess the first thing to do is for the police to keep their side of the street clean, and hope that any injustices are seen for what they are. We don't need legislation for that I hope.
 
what scares me is that the police do not know the law that they are trying to allegedly uphold.

It's very easy to say that, but we're only looking at it from the photographer's point of view. We know the law, because it applies to us. I'm not sure how many actual laws there are that the police are expected to know, but I can see how it would be quite easy for a police officer to not know quite where the line is about what they can and can't do when stopping photographers etc.

I'd prefer to get stopped now and again, and have the odd discussion with the police about what I can and can't do, than have a force that knows every singe in and out of the law pertaining to photographers, at the expense of training in anti-terrorism stuff! Just my views on the matter though!
 
I'm not sure how many actual laws there are that the police are expected to know, but I can see how it would be quite easy for a police officer to not know quite where the line is about what they can and can't do when stopping photographers etc.

If the police knew the details of all the laws they are supposed to preside over, they would give up being police officers and become lawyers.

What they have to do is apply common sense to a situation and maintain the peace and detain those who they reasonably believe may be breaking the law and/or prevent them from harming others or other people's property.

When a situation occurs, the police officer is in charge and his requests should be abided by - right or wrong. If you think you have a case against that decision then you can have your say in court. It usually doesn't get that far though.


Steve.
 
But I still think the police have a valid concern about being filmed, stuff being edited and presented on youtube out of context, and a wholly distorted picture emerging.

An edited video on YouTube is never going to be used as evidence so it doesn't really matter.

If it was defammatory in any way though, a prosecution could be brought but it would be more likely that a simple request would have it removed.


Steve.
 
An edited video on YouTube is never going to be used as evidence so it doesn't really matter.

If it was defammatory in any way though, a prosecution could be brought but it would be more likely that a simple request would have it removed.

Steve.

I agree - youtube is rarely going to be a reliable source for legal purposes.

But public opinion is very powerful, and that is a lot of what we are talking about here - some mobile phone movies clips that have never got near youtube, but caused a rumpus, ended up as a story in a national newspaper, and are now being discussed here at some length.

Damage has been done, opinions have been formed, and it's got nowhere near a court of law yet.
 
I've also seen some pretty dodgy stuff on those police reality shows, like a bouncer "assisting" with the arrest of someone, kicking a guy in the crotch and the bouncer not being repremanded at all, despite the screams etc.

Don't get me wrong, there's good honest police etc etc, but there's some like in every profession, that really shouldn't be doing that job. It's just that their job is so much in the public eye and high profile.
 
What gets me is that in the 'interview' (edited for publicity and maxium 'I am a victim' Daily Mailesque) the woman says that she was sure her boyfriend did not have any drugs on him.

The sniffer dog 'sniffed' and the boyfriend was collared.

Either shoot the dog for failing in it's duty or get the boyfriend to own up and say yes I use drugs but I do not have any on me at this time. Maybe the dog 'sniffed' some on my clothes from an earlier 'trip'.

Don't do drugs. Simples.

:agree:

The other point that seems to have been missed is that the plain-clothed officer who first approached the woman did not identify himself as a police officer, he merely said it was illegal to take pictures of the police and tried to take her phone.

I'm not sure what the legal position is regarding this, but I'd imagine that a police officer, particularly one in plain clothes should identify themselves as such before tackling a member of the public. The fact that one of them further refused, when asked, to do so speaks volumes for our police service.
 
I'm not sure what the legal position is regarding this, but I'd imagine that a police officer, particularly one in plain clothes should identify themselves as such before tackling a member of the public. The fact that one of them further refused, when asked, to do so speaks volumes for our police service.

It is not a requirement for a police officer in plain clothes to identify themselves if circumstances make it impractical at the time for them to do so, though they should do at the earliest opportunity; as such, there is no "legal position". There is also no specified way for a police officer to identify themselves. We are all given warrant cards, but again it is a question of what is practical at the time. It is impossible to be prescriptive and for me to give you an answer that would cover all circumstances.

Ideally, any officer engaging a member of public in search should identify themselves if in plain clothes with their warrant card, explain the grounds for the search, what they are looking for (in general terms - it is not necessary to specify a particular object), state which station they are from, what legal power they are acting under, their entitlement to a copy of a search record and inform the person that they are detained for that pupose. However, an officer does not have to identify themselves by name - a warrant number or shoulder number can be sufficient. If any of this is missing, it does not make the search unlawful if circumstances make it impractical. However, if the matter ever came to court, the officer may be asked to explain why it was not done.

An example for a drug search might be something along the lines of, "I've seen you rolling some tinfoil and take a lighter out of your pocket down that alleyway, which is commonly used in the preparation of heroin. As such, I'm going to search you under s23 of the Misuse of Drugs Act for drugs, and you're detained for the search. I'm PC 321 Plod of Sunhill Police Station, and you'll be entitled to a record of the search afterwards."

Incidentally, I do so like the way that you are tarring all police officers of all forces with the same brush.
 
It is not a requirement for a police officer in plain clothes to identify themselves if circumstances make it impractical at the time for them to do so, though they should do at the earliest opportunity; as such, there is no "legal position". There is also no specified way for a police officer to identify themselves. We are all given warrant cards, but again it is a question of what is practical at the time. It is impossible to be prescriptive and for me to give you an answer that would cover all circumstances.

Ideally, any officer engaging a member of public in search should identify themselves if in plain clothes with their warrant card, explain the grounds for the search, what they are looking for (in general terms - it is not necessary to specify a particular object), state which station they are from, what legal power they are acting under, their entitlement to a copy of a search record and inform the person that they are detained for that pupose. However, an officer does not have to identify themselves by name - a warrant number or shoulder number can be sufficient. If any of this is missing, it does not make the search unlawful if circumstances make it impractical. However, if the matter ever came to court, the officer may be asked to explain why it was not done.

An example for a drug search might be something along the lines of, "I've seen you rolling some tinfoil and take a lighter out of your pocket down that alleyway, which is commonly used in the preparation of heroin. As such, I'm going to search you under s23 of the Misuse of Drugs Act for drugs, and you're detained for the search. I'm PC 321 Plod of Sunhill Police Station, and you'll be entitled to a record of the search afterwards."

Incidentally, I do so like the way that you are tarring all police officers of all forces with the same brush.

Listening to the soundtrack of that video, the officer doesn't give any indication that he is a police officer, nor does he cite which piece of legislation he is using as a reason to aprehend the girl.

As far as tarring all police officers with the same brush, perhaps I am, but in my experience few (uniformed) police officers have more than a passing acquaintance with the law and their usual response when a member of the public challenges their interpretation of it is to threaten to arrest them for breach of the peace.
 
Thanks for the informed responses Photo Plod. :thumbs:
It's proving quite a good insight into the other side of the 'debate'.

We tend to use the phrase "plain clothes" for exactly that reason. Indeed, a true undercover officer would not be doing that job, but in this case the officers were simply wearing ordinary clothes while carrying out routine police work. It's something most of us do at some point, but we're not "undercover" in the sense you're thinking of :)

I understand and note the difference. However, wasn't it mentioned above that this was the reason the officer did not want to be filmed? Therefore my original point stands, he was using his lack of identifiable uniform as a reason, yet was working overtly as an officer, which was my point....

Making the distinction between undercover and plain clothes a little moot :)
 
Hi Marcel - Unfortunately, I am a little limited in what I can say about the specific case that kick-started this entire topic, as it is a matter currently under investigation and the subject of a complaint within my own force. I do have my own opinion, but unfortunately I would potentially be putting myself in the firing line for disciplinary action if I were to get too involved with it. All of the cases I have mentioned have happened to me and are no longer sub-judice. Sorry for sounding like a bit of a cop-out (no pun intended).
 
Hi Marcel - Unfortunately, I am a little limited in what I can say about the specific case that kick-started this entire topic, as it is a matter currently under investigation and the subject of a complaint within my own force. I do have my own opinion, but unfortunately I would potentially be putting myself in the firing line for disciplinary action if I were to get too involved with it. All of the cases I have mentioned have happened to me and are no longer sub-judice. Sorry for sounding like a bit of a cop-out (no pun intended).

Not at all mate. Fully understandable! I didn't realise there was a conflict of interest there :) I was merely asking your generic opinion (albeit about this situation).

Best keep schtum tbh, don't want you being disciplined :)
 
All this Police bashing, I can't help wandering who you lot will call when there is a problem?
I am of course sorry for the death of Ian Tomlinson or anyone else for that matter, however. If you want to walk miles out of your way and off your normal route to join in or observe a riot, then decide to walk very slowly in front of police officers that have spent most of the day being screamed at, spat at and abused and you get pushed and then fall over, well tough luck.

don't you think that being killed was a little harsh punishment for walking out of his way - if thats what he was doing, this is after all a democracy??

Its worth remembering that the police are public servants, and whilst I agree with not winding them up and much of the time they do a difficult job well, they are accountable for their actions, the same way you and I are and hiding id badges and generally beign scared of being identified points to doing something you know is wrong and calculated, not just a spur of the moment action

Hugh
 
It is not a requirement for a police officer in plain clothes to identify themselves if circumstances make it impractical at the time for them to do so, though they should do at the earliest opportunity; as such, there is no "legal position". There is also no specified way for a police officer to identify themselves. We are all given warrant cards, but again it is a question of what is practical at the time. .

I understand the point! But.... Perfect example of how things can get 'out of hand'... Can you give an example of 'impractical'... Look at it from the guy on the streets point of view... Joe Bloggs comes over making demands, giving instructions or whatever :thinking: My first question would be "So who the **** are you" Therefore he gets his opportunity to identify himself and prove it, otherwise he's just Joe Bloggs as far as I'm concerned...
 
Its worth remembering that the police are public servants, and whilst I agree with not winding them up and much of the time they do a difficult job well, they are accountable for their actions, the same way you and I are and hiding id badges and generally beign scared of being identified points to doing something you know is wrong and calculated, not just a spur of the moment action

I agree that all officers should be fully accountable and identifiable. There should never be an issue with shoulder numbers. Ever since that incident came to light, supervisors have become much stricter on standards of uniform - so positive change has already happened in the force.

Believe it or not, officers are accountable in extreme ways that most other professions aren't. When we deal with an incident, we often have to justify what we don't do as much as what we actually do do. Let me give you a typical example, and try to imagine yourself as an officer at the incident.

You are called to a domestic incident where a man is accused of beating up his girlfriend. She has called the police, and as officers arrive she has a cut lip and reddening all over her face. She is crying and distressed, and you can hear her boyfriend shouting and screaming in the background, smashing the place up. As you enter the house, the man confronts you in the hallway, brandishing a table lamp and is holding it as if he is about to smash you over the head with it. He screams and swears at you, and swings for you. He is disarmed by force and arrested on suspicion of assault.

1. The officers must write a statement covering their notes of the arrest. This should fully justify any use of force and detail exactly what happened and why.

2. A statement should be taken from the girlfriend. This will form the basis of the evidence in this case. Photographs of injuries and the scene could be taken.

3. A domestic crime reporting book will be completed, where officers have to take down full family details, ask questions about home life and make risk assessments to judge the likelihood of further harm. The officers have to account for their risk assessment, and may have to do anything from sorting out emergency accommodation to arranging hospital treatment for the victim.

4. A crime report will be completed and viewed by a supervisor, outlining investigative steps to be taken, justifying action taken so far and the necessity of future action.

5. In custody, the Sergeant has to account for the prisoner's physical and mental state. The Sergeant will ask a series of questions, explain the prisoner's rights in custody, then make a risk assessment based on all the information available. This assessment will have to be justified. The Sergeant will open a custody record, and the prisoner will have to sign to indicate that he has had his entitlements. The arresting officers will have to account for all the property they take off the prisoner while it goes into temporary storage. There are cameras throughout the custody suite, recording both images and sound. Many cells also have CCTV cameras installed with the same capability. The suspect will often have to see a doctor to assess his fitness for detention and interview, and again this will be recorded on a confidential medical form.

6. The prisoner (for this case) will have his fingerprints, photograph and DNA taken. The reasons for this must be recorded. If the prisoner is to be strip searched (for example, for drugs or concealed weapons), then this too will have to be documented with reasons given. The prisoner may also have to undergo a drug test in certain circumstances, and again there is a huge swathe of legal bumph we are required to read out and get them to sign to indicate that we have actually done it.

7. Every time the prisoner is visited at the cell wicket, makes a request, or generally has anything happen to him in custody, an entry will be made in his custody log.

8. Once the officers have completed their notes, statements and reports, they will be collected into a case file. This will then be used in interview, which will be conducted on tape in 99% of cases. This will often be in the presence of a solicitor, who will be given disclosure of the evidence against the suspect. The solicitor is not required to account for the advice he gives the suspect, but the officers can be required to account for the disclosure they give the solicitor. The interview tapes will be signed and sealed to prevent any tampering.

9. The officers will take their assembled evidence to a supervisor (normally a Sergeant) to make a decision on what to do with the case. The supervisor will have to justify every decision from taking No Further Action to approaching the Crown Prosecution Service. They may also decide to release the suspect on bail while further investigation is conducted.

10. If the suspect is released on bail, the reasons for this must be given. If the bail is to be conditional, again reasons for this must be recorded and justified against Human Rights considerations (since conditional bail usually restricts someone's freedom of movement or association).

11. If the officers are taking their case to the CPS, then they must prepare further paperwork outlining the disposal decision they are seeking (most likely a charge) and detailing the extent of the investigation. The CPS in turn will review the evidence, then write a statement (an MG3 for those in the know) justifying their decision - whatever that may be.

12. If the suspect is charged, the offence will be detailed to the suspect, down to the exact section and subsection of the Act he is suspected to have contravened.

13. If the suspect is charged and released on bail, this works as 10 above. If the suspect is to be remanded in custody to appear at court the next day, the reasons for the remand must be fully outlined with supporting evidence. The suspect's solicitor - or the suspect himself - have the right to make documented representations about why they disagree with a remand decision.

14. The suspect - or anybody else for that matter - has the right to complain about the police. There is an internal unit - the Directorate of Professional Standards (within the Met) - that oversees complaints that cannot be resolved locally. The DPS can interview the officers involved, gather statements, and are to all intents and purposes an internal police force. Up from them is the IPCC, which is a body completely separate from the police. In any complain matter, all these departments will be reviewing all of that paperwork generated throughout this arrest and detention, and officers may have to further account for their actions beyond their original arrest notes. They may also have to account for things that they did not consider.

I will be amazed if anybody has read down this far, but I hope that gives you some idea of the level of accountability and documentation involved in a fairly common scenario. All of this paperwork - aside from the letter from police to CPS - is disclosable in court and will be served on any defence.
 
Back
Top