Robertson, Adam (2016) Policing by Consent: Some Practitioner Perceptions. Doctoral thesis, University of Sunderland. Downloaded from: http://sure.sunderland.ac.uk/id/eprint/6991/ Usage guidelines Please refer to the usage guidelines at http://sure.sunderland.ac.uk/policies.html or alternatively contact [email protected]. Policing by Consent: Some Practitioner Perceptions Adam Bertram Robertson A Thesis submitted in partial fulfilment of the requirements of the Faculty for the degree of Doctor of Philosophy Faculty of Education and Science August 2014 Authors Declaration The Researcher hereby signs himself the ‘writer’ of this thesis. Signature……………………………………………………………. Date…………………………………………………………………. Copyright Copyright of this thesis cannot be authorised. Abstract The purpose of this work is to examine the concept or notion of policing by consent and it is important to note, at the outset, that the vast majority of the literature produced on the subject, both current and past, has concentrated on policing by consent from many different viewpoints with one quite startling omission. There does not appear to be any academic study based on the views and perceptions of it [consent] that the practitioners, the police themselves, have. In order to correct this imbalance the study therefore set out, by means of a series of semi-structured interviews, to obtain the views and perceptions of both serving and retired officers of a principle, certainly of policing in England and Wales, which is at the very core of their professional lives. Prior to the interviews, which took place between November 2007 and December 2008, the officers were arranged into four cohorts, each cohort consisting of ten officers, and within each cohort, the officers range across the continuum of rank, ethnicity, gender and length of service. This provided a series of wide ranging views, but with some important common themes, across the continuum of policing. It is important to note however, that in a study as limited as this, it could never be said that the views expressed represent those of the police service in general, nevertheless, the study does represent the views of a number of officers, and, more importantly adds to the body of knowledge on the subject. Following the interviews, which were digitally recorded and later transcribed, analysis, which was based on an amalgam of analytical methods, took place. The psychological aspects were dealt with by reference to both axiomatic knowledge and the actions and motives of subjects who are placed in an interview situation The findings, which have been arranged into a series of themes based upon various models of what has been termed the ‘unofficial’ culture of the police which often appears to be at variance with the accepted norms and values of policing. These ‘official’ values are driven by legislation, a series of national policies and national policing initiatives, all of which, in turn, are bound by the financial constraints of a fixed annual budget composed in part of a local policing precept set by the police and crime commissioners in consultation with Chief Officers. The remainder of the budget is funded by central government following the annual inspection of forces by Her Majesties Inspectorate of Constabulary (HMIC). The findings also reveal the emergence of a strong sense of duty which, in turn, indicates, that as professional police officers, they do indeed both recognise and endeavour to practice policing with that most important element of consent. To their credit they have also acknowledged the occasions when through either their own actions or because of the constraints placed upon them by the legislation they have lost that vital element of consent and have reflected upon it and the impact that it has had upon their future practices. The work, in its entirety, provides a valuable insight into the views of both serving and retired officers, particularly with regards to the effects that police culture have had, either knowingly, unknowingly or unwittingly upon their actions. It has also provided a valuable contribution to the extensive body of literature on policing in England and Wales. Acknowledgements Whilst it is not possible to personally acknowledge everyone who gave help, advice and support in the completion of this work I would particularly like to thank the following people:- To my study support team of Professor Peter Rushton, Professor Catherine Donovan and, in the initial stages, Dr Anthony Amatrudo. Their professional guidance, support and enthusiastic help sustained me through the good and the not so good times with equal fervour and cheerfulness. Their assistance is gratefully and humbly acknowledged. To the Graduate Support Team at the University, for their help during a very difficult personal time. Other members of the University staff and my PhD contemporaries from the University of Sunderland and those further afield; my grateful thanks for your assistance and valuable contributions. Dr Malcolm Young, an ex-police colleague, gifted social anthropologist and cartoonist whose work, including his illustration of the development of police ‘riot gear’ has been of great assistance to me. To Jon Stoddart QPM, one time Chief Constable of Durham Constabulary, a student of mine during his initial police training in 1983 who became both a valued colleague and a personal friend. To Professor Robert Reiner of the LSE, a well known and respected researcher of the police, for his guidance, and cooperation in the preparation of my survey questionnaires. To all the authors whose previous works have provided so much background material; if I have failed to acknowledge anyone it is a mistaken omission not a deliberate act. To all of my police colleagues and friends of all ranks, who, as my interview subjects, gave so willingly of that most valuable of assets, their time. To my initial transcriber Mrs Cath Hugill: to transcribe an interview which lasts for two hours is no mean feat. To transcribe over sixteen of the same is a Herculean task. The completion of this part of the research has rested heavily on your shoulders, my heartfelt thanks to you. And last but not least, to my beloved wife Margaret, without whose help, unstinting support and encouragement this work would never have come to fruition. Glossary of Terms and Abbreviations ACPO Association of Chief Police Officers ACC Assistant Chief Constable ANPR Automatic Number Plate Recognition – a roadside or mobile camera unit which captures vehicle registration marks and immediately transmits them to the PNC (see entry) which checks for current VEL and Insurance as well as any intelligence on the vehicle/owner or keeper. APA Association of Police Authorities BCU Basic Command Unit – A system of dividing a constabulary into semi-autonomous, self-budgeting areas usually commanded by a Superintendent. BTP British Transport Police – the force responsible for policing the entire rail network and its environs. CC Chief Constable C/S Chief Superintendent C/Insp. Chief Inspector Core Policing See also under ‘response’ – the shifts of officers who provide the day-to-day street cover, dealing with incidents and attending calls from the public – often seen as reactive policing. CRS Compagnies Républicaines de Sécurité – Republican Security Companies (military terminology not plc terms). This is the riot control arm of the French National Police. DCC Deputy Chief Constable Elected Police Commissioners The Police Reform and Social Responsibility Act 2011(the Act) establishes PCCs within each force area and charges them with responsibility for the totality of policing within that area. The Act requires a PCC to hold the force area Chief Constable to account on behalf of the public which both the PCC and the Chief Constable serve. Extended Police The term currently used to describe the myriad of Family ancillary bodies who assist in the policing function and includes, amongst others, PCSO’s, Special Constables, police support staff, Neighbourhood Watch and Community Wardens. HMIC Her Majesty’s Inspectorate of Constabulary – a quasi- independent body of senior ACPO officers whose brief is to inspect forces and report on their efficiency or otherwise. HMCIC Her Majesty’s Chief Inspector Of Constabulary. (At the time of writing it was Sir Ronnie Flanagan, one time Chief Constable of the RUC (now the PSNI). HMRC Her Majesty’s Revenue and Customs. HMRC was formed by the merger of the Inland Revenue and Her Majesty's Customs and Excise which took effect on the 18th April 2005. HPDS High Potential Development Scheme. The HPDS is a five year programme delivered by the NPIA with an academic partner, Warwick Business School. It uses a range of innovative approaches to challenge and equip future leaders. Participants will have to demonstrate their desire, commitment and the potential to reach senior officer levels and progress to ACPO. It is open to serving police officers at the ranks of Constable and Sergeant only. Officers from all 43 forces in England and Wales and those from PSNI (see later entry), States of Jersey and BTP (see earlier entry) can apply for the scheme. HRA The Human Rights Act 1998. In 1951 the UK ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms. In 1998 UK law gave effect to the Convention by the enactment of the Human Rights Act. IAG Independent Advisory Group(s) created as a result of the McPherson Report which encouraged lay oversight of policing. Insp. Inspector IPCC Independent Police Complaints Commission – set up in 2005 to investigate complaints against the police. To date there have been a number of notable cases including Commander Ali Dezai of the Metropolitan Police, who was convicted in a criminal court and Graeme Maxwell the Chief Constable of North Yorkshire who was found guilty of gross industrial misconduct and given a final warning. IPLDP Initial Police Learning and Development Programme, introduced in 2005. It replaced the nationally delivered Probationer Training Programme and although there were core requirements for all forces contained in the programme forces were left free to design their own local requirements and delivery schedule according to their needs.