ANNEXES OF POLICING STATE ANNEXES 105 STATE OF POLICING STATE ANNEXES © Greater Manchester Police 106 STATE OF POLICING STATE PoLICeForCeAreAS 107 areas  force  Police ANNEX A: STATE OF POLICING STATE HMICwas :establishedin ANNEX B AboutHMIC History HMIC is independent of A both the police service B o Her Majesty’s Inspectorate .UT 1856 and the Government HMIC of Constabulary was Both its independence and established in 1856, under inspection rights are vested the same statute that in Her Majesty’s Inspectors, required every county and who are Crown appointees borough which had not (section 54(1), Police Act already done so to establish 1996). and maintain a permanent salaried police force (the Statutory County and Borough Police responsibilities Act 1856). Inspection of territorial The 1856 Act authorised police forces in England the appointment of three and Wales Inspectors of Constabulary HMIC has statutory powers in England and Wales, to inspect and can be whose duty it was to commissioned to inspect “inquire into the state as follows: and efficiency of the police” (section 15). It also • HMIC must inspect and introduced the concept of report on the efficiency annual inspection. and effectiveness of every police force maintained The first Chief Inspector for a police area (section of Constabulary was 54(2), Police Act 1996). appointed in 1962, as part of a major package of • The Secretary of State reforms to improve police may at any time require governance and expand the the Inspectors of role of the Inspectorate. Constabulary to carry out The Inspectorate’s role and an inspection of a police influence have evolved over force maintained for the last century and a half. any police area (section Most of its current functions 54(2B), Police Act 1996). are set out in the Police Act • The Home Secretary may 1996 (as amended by the also from time to time Police Reform and Social direct the Inspectors of Responsibility Act 2011 Constabulary to carry and the Policing and Crime out such other duties for Act 2017). the purpose of furthering 108 police efficiency and they police specific areas of OF POLICING STATE effectiveness as she may infrastructure or particular PoliceAct specify (section 54(3), types of crime. In these Police Act 1996). cases, HMIC’s report • The local policing body is given to whichever for a police area may government body is at any time request responsible for the activity 1996 A B the Inspectors of in question. o Constabulary to carry out UT HMIC has a duty to inspect HMIC an inspection of a police the following: force maintained for the police area in question • Armed Forces Police – (section 54(2BA), Police Royal Navy, Royal Military, Act 1996). Royal Air Force Police (section 321A, Armed Inspection of other police Forces Act 2006 inserted forces and agencies by section 4 of the Armed HMIC also has statutory Forces Act 2011); duties to inspect other police forces and agencies, • British Transport Police whose remits are not (section 63, Railways limited to a particular and Transport Safety territorial area. Instead, Act 2003); © Nottinghamshire Police 109 STATE OF POLICING STATE • Civil Nuclear • National Crime Agency Constabulary (section 62, (section 11, Crime and Energy Act 2004); Courts Act 2013); and • HM Revenue and • Customs functions Customs (section 27, (section 29, Borders, Commissioners for Citizenship and Immigration Act 2009, A Revenue and Customs B o and the Customs UT Act 2005, and the (Inspections by Her HMIC Revenue and Customs Majesty’s Inspectors of (Inspections) Regulations Constabulary and the 2005 (SI 2005/1133)); Scottish Inspectors) • Ministry of Defence Police Regulations 2012 (SI (section 4B, Ministry of 2012/2840)). Defence Police Act 1987); The Policing and Crime Act 2017 which received • Police Service of Northern Royal Assent on 31 January Ireland (section 41, 2017 will enhance the Police (Northern Ireland) democratic accountability Act 1998, subject to of police forces and fire appointment by the and rescue services, Department of Justice, improve the efficiency and Northern Ireland); effectiveness of emergency © Northamptonshire Police 110 services through closer OF POLICING STATE collaboration, and build public confidence in policing. Provisions have been included in the Act to strengthen powers to A B inspect fire and rescue o services currently contained UT HMIC in the Fire and Rescue Services Act 2004. HMIC was asked to develop options for how it would take on the inspection of © West Midlands Police fire and rescue services. A detailed proposal has been submitted to the Home manner (paragraph 3 of • may draw up a joint Office. This contemplates Schedule 4A to the Police inspection programme a risk-based and Act 1996). with other specified proportionate programme Collaborative working inspectorates (paragraph of inspections focusing on The long history of 5); and the effectiveness, efficiency collaborative working • may give notice to other and leadership of fire between the criminal specified inspectorates and rescue services. We justice inspectorates – of not to carry out an expect Ministers to make Constabulary, the Crown inspection, or not to a decision in 2017 as to Prosecution Service, do so in a specified whether HMIC should be Prisons and the National manner, where HMCIC asked to assume and Probation Service – was considers that such discharge this additional placed on a statutory inspection would impose responsibility. footing through the Police an unreasonable burden Powers in relation to Act 1996 (as amended (paragraph 3). inspections by others by the Police Reform and Where HM Chief Inspector Publication of reports Social Responsibility Act HMIC must arrange for all of Constabulary (HMCIC) 2011). considers that a proposed reports prepared under inspection by another Schedule 4A to the 1996 section 54 of the Police Act specified inspectorate, Act provides that the 1996 to be published in relating to matters within Inspectors of Constabulary: such a manner as appears HMCIC’s remit, would • must cooperate to the Inspectors to be impose an unreasonable with other specified appropriate (section 55(1), burden on the body to be inspectorates where it is Police Act 1996). inspected, he may require appropriate to do so for HMIC must exclude from the other body not to carry the efficient and effective publication anything that out that inspection, or not discharge of their the Inspectors consider to do so in a particular functions (paragraph 4); would be against the 111 STATE OF POLICING STATE interests of national security copy of this report before or might jeopardise the Parliament (section 54(4), safety of any person Police Act 1996). The report (section 55(2), Police Act must include HMCIC’s 1996). assessment of the efficiency HMIC must send a copy and effectiveness of policing of every published report in England and Wales for A B o to the Secretary of State, that year (section 54(4A), .(UT Police Act 1996 HMIC the local policing body maintaining the police force Production of the HMIC to which the report relates, inspection framework the chief officer for that HMCIC has a duty from police force and the police time to time to prepare, and crime panel for that consult on and publish police area (section 55(3), an inspection framework Police Act 1996). (paragraph 2 of Schedule HMCIC must in each year 4A to the Police Act 1996). submit to the Secretary HMCIC must obtain the of State a report on the approval of the Home carrying out of inspections Secretary to the inspection and (HMCIC) must lay a framework, and then lay 112 this framework before OF POLICING STATE Parliament (paragraphs 2(2A) – (2B) of Schedule 4A to the Police Act 1996). Monitoring complaints It is the duty of every Inspector of Constabulary, A B o carrying out his functions UT in relation to a police force, HMIC to ensure that he is kept informed about all matters concerning complaints and misconduct in relation to © West Midlands Police that police force (section 15(1), Police Reform Act A super-complaint is super-complaints must 2002). a complaint made to be made first to HMIC, The Policing and Crime Act HMCIC that a feature, or there will be a process – to 2017 contains provisions combination of features, be set out in regulations for the establishment of a of policing in England and – specifying how super- system of super-complaints. Wales by one or more complaints are to be dealt than one police force is, or with and who will deal with appears to be, significantly © Northumbria Police harming the interests of the them. public. The regime will also Misconduct proceedings apply to the National Crime In misconduct proceedings Agency. for chief constables and Only a body designated by other senior officers the Home Secretary may above the rank of chief make a super-complaint. superintendent, HMCIC The Act provides for the or an HMI nominated by Home Secretary to make him will sit on the panel for regulations about which misconduct meetings and bodies may be designated, misconduct hearings (Police and the criteria to be applied in making such (Conduct) Regulations decisions. 2012 (SI 2012/2632), regulation 26). For all chief The Act also makes officer ranks (including chief provision for the involvement of the constables), HMCIC or an College of Policing and HMI nominated by him will the Independent Police sit on any police appeals Complaints Commission in tribunal – Police Act 1996, super-complaints. Although Schedule 6, paragraph 1. 113 STATE OF POLICING STATE A B o UT HMIC © Northamptonshire Police Removal of senior officers commissioner on the If a police and crime dismissal of a chief commissioner is proposing constable (Police Reform to call upon a chief and Social Responsibility constable or other senior Act 2011, Schedule 8, officer to retire or resign, paragraph 15).