Final Report of the Morris Inquiry: The Case for Change

PATHWAY TO CHANGE
2.79 In London, PCSOs’ powers include the power to issue fixed penalty notices,
the power to use reasonable force to detain someone, the power to detain someone
for up to 30 minutes pending the arrival of a police officer and the power of entry
to save life or limb or prevent serious damage to property.
2.80 It is likely that the role of the PCSO will be enhanced over the next few
years, yet, for employment purposes, they are treated in the same way as police
staff rather than officers. They are employees of the police authority and subject
to staff disciplinary codes and procedures with full rights of access to
Employment Tribunals.
The need for change
2.81 There is a powerful case for the wholesale review of the terms and
conditions of police officers and for bringing them in line with their police staff
colleagues and, indeed, the majority of the working population of the United
Kingdom.
2.82 As indicated earlier, employment legislation has been constantly evolving over
recent years with employees acquiring a multiplicity of new rights. Police officers
have been the beneficiaries of some of these rights but remain subject to the same
disciplinary procedures which have applied for years and which have their roots in
the courts martial system of the 19th century.
2.83 The rationale for police officers having fewer rights than other workers in this
country is not obvious and indeed flies in the face of commonsense. The rationale
for police officers having fewer rights than their police staff colleagues is even more
difficult to understand. There is, of course, the important issue of the office of
constable but reconciling this office with ordinary employment rights ought not to
be an insurmountable task.
2.84 Indeed, there is a compelling argument for a solution to be found. In addition
to the criticisms we have already outlined, in our view, two recent developments
now make it an imperative.
2.85 Firstly, the creation of the IPCC and its jurisdiction over complaints involving
police staff mean that, in future, the situation is likely to arise where individuals
involved in the same incident will be treated differently because one is a sworn
officer and the other a member of police staff. One will be dealt with under the
Regulations and the other under an ordinary disciplinary procedure.
2.86 Secondly, the introduction of PCSOs and the likelihood of their taking on
an enhanced role mean that increasingly police staff will be carrying out duties
hitherto discharged only by sworn officers. This again points to the unattractive
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