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Office of Constable Pamphlet

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Office of Constable Pamphlet The Office of Constable The bedrock of modern day British policing Foreword “Where is this Office The above quotation is not made up. It was actually said by a Member of by Jan Berry, Parliament upon hearing the term the Chairman of the Office of Constable. Police Federation The Police Federation is always quick to of England and raise the merits of the Office of Constable. Wales But in view of the above quote, what does it mean to those outside the police service? The Office of Constable has evolved Where does the Office of Constable over the centuries and the ‘British Bobby’ originate from, and is it as important today is recognised across the world, but what as it was two centuries ago? is it that makes it so special, so endearing, so different? This pamphlet takes a look at the Office of Constable – what it is, what its values are, There is, as this pamphlet seeks to set out, a what it means for the police service today, legal status, being the holders of an Office, and gives a summary history which shows the coercive powers that come with that how the Office of Constable is not only the Office. There are also the high standards bedrock of traditional policing but also the and restrictions placed on our professional platform for any change required for and private lives. modern day policing. But what is at its heart, and why does it The independent Office of Constable remain a recognised and trusted brand operates within, and is accountable to, the leader around the world? Why does it rule of law. The rule of law is the principle conjure up feelings of safety and security, that no one is above the law. Perhaps the and why do the public want to see more most important application of the rule of ‘bobbies’? Why do those of us who hold law is the principle that government this proud Office of Constable go forward authority is legitimately exercised only in into dangers when others go back? accordance with written, publicly disclosed The answer is simple; it’s about integrity, laws adopted and enforced in accordance impartiality, and most importantly, with established procedural steps. The political independence. It is the tie breaker, principle of the rule of law is intended to be the ultimate check and balance in our a safeguard against arbitrary governance. democracy to protect against a tyrannical The law must be accessible, intelligible, abuse of power. clear and predictable and must apply The imposition of targets and the equally to all. It must also afford adequate employment of non-sworn staff in protection of fundamental human rights. It operational policing roles are slowly is the independent and impartial holder of eroding the Office of Constable. It is a the Office of Constable who is tasked with proud and honourable Office and one upholding and enforcing the law. which I have had the honour to hold for Whilst the rule of law binds our society 35 years. Main cover picture: cover Main istockphoto.com together, of equal importance is the of Constable – is it in the Home Office?” separation of power, which prevents “I hold it to be the duty of the Commissioner over-concentration of power in any one of Police, as it is of every chief constable, to institution. At one level this reflects the enforce the law of the land. He must take legislature, the executive, the judiciary. steps so to post his men that crimes may be In the case of policing, politicians detected; and that honest citizens may go – democratically elected – make the laws, about their affairs in peace. police officers enforce them, and the “He must decide whether or not suspected judiciary decides on the outcome persons are to be prosecuted; and, if need be, post-charge. However, we are each bring the prosecution or see that it is independent and separately accountable. brought; but in all these things he is not the Operational independence is a guiding servant of anyone, save of the law itself. principle of policing. “No Minister of the Crown can tell him that Whilst this may be understood by some, he must, or must not, keep observation on the thirst and struggle for power needs to this place or that; or that he must, or must be balanced and controlled. During a not, prosecute this man or that one. Nor can Parliamentary debate on policing in July any police authority tell him so. The 2002, Nottingham North MP Graham Allen responsibility for law enforcement lies on made the following observation: “Home him. He is answerable to the law and to the Secretaries of all political colours will not law alone.” only set targets, but will ensure that money is allocated to meeting them, so it is almost (R v. Metropolitan Police Commissioner at inevitable that chief constables and local 769) police officers will have to pursue those targets. In that way there is interference, almost by stealth, in the operational objectives of local police forces.” It was in the words of Lord Denning, in his judgement in the case of R v. Metropolitan Police Commissioner ex parte Blackburn in 1968, that the doctrine of police independence found its most expansive and most often quoted modern expression: “I have no hesitation… in holding that, like every constable in the land, the Commissioner should be, and is, independent of the executive. He is not subject to the orders of the Secretary of State, save that under the Police Act 1964 the Secretary of State can call on him to give a report, or to retire in the interests of inefficiency. Library Photo Alamy Hoffman © David / Why now? For the first time since 1919 police officers to that end, faces far greater public scrutiny are talking of industrial action, and the than it has to date. No-one is suggesting Police Federation of England and Wales has that has a negative impact on policing, but recently held a poll of its membership on there does seem to be a greater degree of the important subject of industrial rights. accountability based on quantitative What has become abundantly clear during assessment (such as the satisfaction of that process is that many of the politicians national targets) rather than based on the and opinion formers who have a direct quality of service provided. This is having a interest and influence on policing do not negative impact on the independent and understand what the Office of Constable is, impartial Office of Constable, as decisions its history, meaning and purpose. which should be based on discretion and common sense are often now determined by The police service is undoubtedly more targets for which officers are held accountable now than it ever has been, and accountable to achieve. The Tripartite relationship In England and Wales there exists a Office and its partners, including; the tripartite arrangement in policing, which Association of Chief Police Officers, the provides checks and balances between the Association of Police Authorities, Home Office, police forces and police Communities and Local Government, the authorities. This means that no one part has Audit Commission, the Local Government complete and overall control and power Association and Her Majesty’s Inspectorate over the others. The roles of each element of of Constabulary. the tripartite arrangement are as follows: 2) Chief officers retain overall operational 1) The Home Secretary is answerable to independence. The chief officer is Parliament and the public for the provision responsible for the direction and control of an efficient and effective police service. of the force, including civilian staff and The Home Secretary sets out delegated financial annual strategic policing Constables use their management. priorities, and a statutory discretion superbly, 3) Police authorities have a performance framework with compassion statutory duty to maintain an against which police and commonsense. efficient and effective police performance will be The office of constable can force for the area and to hold measured and compared. never – and must never – be just about targets. It is the chief officer to account Assessments of Policing and much more important for the exercise of their Community Safety (APACS) “than that and the British functions and those of is a performance assessment public knows it. persons under their direction framework for policing and David Ruffley MP, and control. community safety. It is being Shadow Police developed by the Home Minister ” Change, change and more change Since the turn of the Millennium the policing structure, processes and workforce has experienced constant change on an unprecedented level. All of this change has been in a piecemeal way, without any overview of the long term impact it will have on the structure of the service, the resilience of police forces and the roles and purpose of police officers and police staff. Whilst recognising the need for specialist police officers and police staff, the Office of Constable must be the bedrock of modern day policing. It provides the most flexibility and resilience to the police service. As well as the day to day policing required, you only have to look back at recent examples of flooding or terrorist attacks to see first hand how police officers have the skills and abilities to be used been able to respond appropriately to the wherever and whenever required. needs of the day. Current workforce modernisation plans are creating a greater Worldwide the British police constable is a number of specialist non-sworn police staff recognisable and respected figure, but has in operational roles. This will limit the any government ever seriously examined resilience and capability of the police service why this is so? Taking it apart piece by piece to be able to respond appropriately to the through ill conceived reform risks many unknown demands suddenly placed destroying the value of, and deskilling, the upon it, and reduce the opportunity for Office of Constable by separating the police officers to become proficient and component parts that make it work.
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