Ethics and values - Kent Police

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Ethics and values - Kent Police

Student NotesNOT PROTECTIVELY MARKEDLearning OutcomesWhen you have successfully completed these student notes, you will be able to explain anddemonstrate your knowledge in relation to:• Explain the concept of ‘Policing by Consent’.• Explain the impact of the Statement of Mission and Values on their role.• Explain the term ‘Policing in Partnership’.• Detail key requirements of National Policing Plans, and Police and Crime Plans.• Demonstrate knowledge of the Standards of Professional Behaviour.• Demonstrate knowledge of significant public inquiries.• Explain a police officer’s ‘duty of care’ of the community.• Identify the potential for conflict between organisational and personal ethics andidentify methods of resolution.• Identify the importance of equality and diversity in police ethics.• Identify the legal requirements to use the least level of power necessary to achieve anecessary, legitimate and lawful aim.• Deal with people in an ethical manner recognising their individual needs.• Balance decision making with fairness.• Identify the importance of building trust and confidence in the community.Reference Material• LPG1.3.22_HumanRights_SN• Police and Criminal Evidence Act 1984• Criminal Law Act 1967• Performance, Conduct and Standards of Professional Behaviour online reference tool.This can be found on the NCALT website:http://mle.ncalt.pnn.police.uk/Course/Details/2031IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 3 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDKey to GraphicsThe pencil indicates an exercise or knowledge check foryou to complete.The microscope tells you when there is a topic that mayrequire a closer look or further research or reading.The exclamation mark highlights an area that you need topay close attention to.IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 4 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDTable of ContentsLearning Outcomes ................................................................................................. 3Reference Material .................................................................................................. 3Key to Graphics ...................................................................................................... 4Introduction ........................................................................................................... 6Origin of Police Values and Ethics .............................................................................. 7‘Policing By Consent’ ......................................................................................... 7Statement of Mission and Values ......................................................................... 8‘Policing in Partnership’ ...................................................................................... 9National Plans and Police and Crime Plans .......................................................... 11Standards of Professional Behaviour .................................................................. 14Disciplinary proceedings for PCSOs .................................................................... 26The Complaints Framework – Police Reform Act 2002........................................... 26The Police Regulations and Conditions of Service ................................................. 26Significant Public Inquiries and Reports .................................................................... 29The Murder of Stephen Lawrence ...................................................................... 29The Shipman Inquiry ....................................................................................... 32Victoria Climbie Inquiry.................................................................................... 36Summary of the Origin of Police Values and Ethics..................................................... 42Knowledge Check 1 ......................................................................................... 42Applying Police Ethics ............................................................................................ 45Potential for Conflict between Organisational and Personal Ethics........................... 46The Importance of Equality and Diversity in Police Ethics ...................................... 47Summary of Applying Police Ethics .......................................................................... 52Knowledge Check 2 ......................................................................................... 52Building Public Trust and Confidence........................................................................ 53Identify the legal requirements to use the least power necessary to achieve anecessary, legitimate and lawful aim.................................................................. 53Common Law/Use of Force/Self Defence/Breach of the Peace................................ 60Deal With People in an Ethical Manner Recognising Their Individual Needs .............. 63Balancing Decision Making with Fairness ............................................................ 65Building Public Trust and Confidence.................................................................. 68Summary of Building Public Trust and Confidence ...................................................... 71Knowledge Check 3 ......................................................................................... 71Roles and Responsibilities ...................................................................................... 73Multi Agency Working ...................................................................................... 73Knowledge Check 4 ............................................................................................... 75Knowledge Check Answers ..................................................................................... 76Knowledge check 1 answers ................................................................................ 76Knowledge check 2 answers ................................................................................ 79Knowledge check 3 answers ................................................................................ 80Knowledge check 4 answers ................................................................................ 82Check your progress........................................................................................ 82Summary of Origin of Police Values and Ethics .................................................... 82IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 5 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDIntroductionCritical foryou to actfairly,professionallyand withhonesty andintegrityIn this section we will look at the expectations society has of its policeservice and how you can ensure that your behaviour contributes to apositive relationship between the police and the public. The changingcontext of policing in recent years has given renewed prominence to theethics of the police service. This highlights how critical it is for officers toact fairly, professionally, and with honesty and integrity, and has signalledits importance in securing public confidence in the police.The Human Rights Act 1998, for example, incorporates the EuropeanResponsibilityof policeservice tocomply withEuropeanConvention onHuman RightsConvention of Human Rights (ECHR) into domestic law and allows anindividual to bring a claim in the home courts where there has been aninterference with their convention rights by a public authority that was notjustified. It has placed responsibility on all public bodies to ensure thattheir actions are compatible with the ECHR. The implications of not actingfairly, professionally, honestly and with integrity are substantial, given thescope of the police to infringe on the freedoms and rights of individuals.A number of high profile cases of police corruption have also brought ethicalpolicing more into the public eye. They have a greater chance of making anegative impact on public perceptions of the service and damaging theintegrity of the police. The inspections carried out into police integrity byHer Majesty’s Inspectorate of Constabulary (HMIC) in 1999 (‘PoliceIntegrity: Securing and Maintaining Public Confidence’) and 2011 (‘WithoutFear or Favour: A Review of Police Relationships’) highlighted poor officerbehaviour (e.g. rudeness, arrogance and discriminatory comments) as theissue causing the public the most concern. The full reports can be accessedhere:http://www.hmic.gov.uk/publication/police-integrity/http://www.hmic.gov.uk/publication/review-police-relationships/It may be worth taking a look at the Crime Survey for England and Wales(previously called the British Crime Survey) to give you an insight into theIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 6 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDpublic’s view of the service.http://www.ons.gov.uk/ons/rel/crime-stats/crime-statistics/focus-on-publicperceptions-of-policing--findings-from-the-2011-12-crime-survey-forengland-and-wales/stb-public-perceptions-of-policing-2011-12-crimesurvey-for-england-wales.htmlOrigin of Police Values and EthicsThe topics that you will cover in this section are:• Policing by consent• Statement of Mission and Values• Policing in partnership• National and local policing• Police Standards of Professional Behaviour• Significant public inquiriesShared goalswith thepublic‘Policing By Consent’Policing by consent requires the support of the public, which can bedeveloped only by learning about and trying to understand the matterscausing them concern. The public need to have confidence in us and theservice we provide to them.The British police service has traditionally worked with the open support ofServing thecommunity –not justenforcing thelawthe public - ‘policing by consent’ - which involves dialogue about sharedgoals and a role of serving the community, not just enforcing the law. Inreturn, the police rely upon the active co-operation of the public to beeffective. An example of a police function that requires public assistance isthe reporting of crime and other breaches of the law. Another example isthe giving of information, particularly as a witness or victim when giving astatement. This type of support from the public is vital to the detection ofcrime. Anything that threatens this much valued tradition of policing byconsent is therefore a cause for concern.Assigning named officers to patrol a neighbourhood means that they get toIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 7 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDknow, and become known in, their local areas. They will then become afocal point for gathering intelligence about local problems and criminals. Asurvey of the public suggests that this approach can improve overallsatisfaction with policing and reinforce the tradition of ‘policing by consent’.It is also worth remembering that each person is different, whatever‘groups’ they may be associated with, and it is therefore misleading togeneralise from the views of any one individual. Think how often you hearcomments like ‘the police all think ...’ or ‘all women drivers are ...’ and howunlikely it is that you or your friends conform to such stereotypes. Peoplefrequently belong to more than one group, which can lead to conflictinginterests.Statement of Mission and ValuesTheStatement ofMission andValues shouldguide yourethics andvalues as anofficerThe Statement of Mission and Values sets out the aim for policing andcommunicates the ethics and values which Police Officers should upholdwhen working towards this aim. It was approved by the Association ofChief Police Officers (ACPO) in 2011 after extensive consultation withcolleagues such as the Police Federation and Superintendant’s Association.ACPO suggest that it should be adopted by all of the police service. Youshould use this statement as an integral guide to all of your ethics andvalues as an officer;‘The mission of the police is to make communities safer by upholding thelaw fairly and firmly; preventing crime and antisocial behaviour; keeping thepeace; protecting and reassuring communities; investigating crime andbringing offenders to justice.We will act with integrity, compassion, courtesy and patience, showingneither fear nor favour in what we do. We will be sensitive to the needsand dignity of victims and demonstrate respect for the human rights of all.We will use discretion, professional judgement and common sense to guideus and will be accountable for our decisions and actions. We will respond towell-founded criticism with a willingness to learn and change.We will work with communities and partners, listening to their views,building their trust and confidence, making every effort to understand andIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 8 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDmeet their needs.We will not be distracted from our mission through fear of being criticised.In identifying and managing risk, we will seek to achieve successfuloutcomes and to reduce the risk of harm to individuals and communities.In the face of violence we will be professional, calm and restrained and willapply only that force which is necessary to accomplish our lawful duty.Our commitment is to deliver a service that we and those we serve can beproud of and which keeps our communities safe.’The Statement of Mission and Values is also the integral part of the NationalDecision Model (NDM). The NDM is a model which you should use to assistall of your decision making as an officer. You will cover the NDM and learnhow to apply it later in this programme.‘Policing in Partnership’Partnershipsare vitalThe police are only one of the agencies with a remit to improve levels ofsafety and reassurance. Partnerships between police forces and otherbodies, particularly local authorities, and work with community groups cantake time but are vital aspects of policing. Because the police cannot do itall, multi-agency work needs to be strengthened. The police also need tomake more use of supplementary support such as that provided by specialconstables and Police Community Support Officers (PCSOs).Visible patrol on foot and in cars is integral to the style of policing in thiscountry and vital to good community relations. Changes are required toensure that police forces are getting the best value from patrol and that it isrelevant - in both style and outcome - to the needs of local communities.The police service has a good track record of responding to constructiveideas for improvement, and some police forces are already well down theroad towards a proactive, problem-solving style of policing, in partnershipwith local communities. A good example can been seen in many policeforces in the way that the police are working together with the EducationAuthorities to reduce truancy, which can directly lead to reduced nuisanceand crime. Another good example can be seen through drug rehabilitationIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 9 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDwork between police drug action teams and local Health Authorities. If allpolice forces follow suit, then public reassurance would be strengthened andthe quality of life enhanced.Section 17 of the Crime and Disorder Act 1998 states:The Crime and Disorder Act 1998 introduced a wide range of measures forpreventing crime and disorder. Section 17 imposes an obligation on everylocal policing body, local authority and other specified authorities toconsider crime and disorder reduction in the exercise of all their duties. ItSection 17Crime andDisorder Act1998states:17(1) Without prejudice to any other obligation imposed on it, it shallbe the duty of each authority, to which this Section applies, to exerciseits various functions with due regard to the likely effect of the exerciseof those functions on, and the need to do all that it reasonably can toprevent;a. Crime and disorder in its area (including anti-social and otherbehaviour adversely affecting the local environment); andb. The misuse of drugs, alcohol and other substances in its area andc. Re-offending in its area.17(2) The full list of bodies to which section 17 applies is:• A local authority;• A joint authority;• The London Fire and Emergency Planning Authority;• A fire and rescue authority constituted by a scheme under section 2of the Fire and Rescue Services Act 2004 or a scheme to whichsection 4 of that Act applies;• A metropolitan county fire authority;• A local policing body;• A National Park authority;• The Broads Authority;• The Greater London Authority;• Transport for London;IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 10 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKED• A combined authority established under section 102 of the LocalDemocracy Economic Development Construction Act 2009.Local Authorityis defined by Section 270 of the Local Government Act 1972 as"a county council, a district council, a London borough council or a parishcouncil, but in relation to Wales, means a county council or a countyborough or community council”;The above are only a few examples of the statutory and voluntary agenciesand community groups that the police partnership with; there are manymore and you will become familiar with them whilst policing your own area.Money isallocated tothe policeservice by theGovernmentand LocalAuthoritiesNational Plans and Police and Crime PlansEach year the Government and Local Authorities allocate millions of poundsto the police service. This money has to be spent in a way, which willensure that the service we deliver to the public is what they want and isdelivered efficiently. So how do we decide what to spend the money on andhow do we measure how successful we have been?TheGovernmentMinister setsthe keyprioritiesWho sets the key priorities?The Government Minister with responsibility for the police service is theHome Secretary, and it is they that decide what the key priorities should be.This decision will be made after consultation with a variety of interestedparties, for example Victim Support Service, Road Peace and Women’s Aid.Generally they will reflect the problems facing society at the time.Key Priorities• A stronger focus on more serious violence – this will mean tacklingthe most serious crimes such as murder, serious assaults and gunand knife crime.• Greater flexibility for local partners to deliver local priorities – this willKey prioritiesenable local problems to be addressed by those people most affectedby them.IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 11 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKED• A specific outcome to increase community confidence – this willinvolve the delivery of a more effective, transparent and responsiveCriminal Justice System for victims and the public• The need to reflect the increased threat to communities posed byviolent extremists – efforts to frustrate those who seek to disrupt thegeneral health and safety of our citizens.How do these Key Priorities affect you?It is theresponsibilityof everyofficer towork towardsthemUntil 2012, each force has its own Local Policing Plan which was tailored toits specific needs, as required by section 6ZB of the Police Act 1996.However, Section 6ZB was repealed and Local Policing Plans were replacedby a Police and Crime Plan written by the Police and Crime Commissioners(PCCs), as per the requirements of Section 5 to 8 of the Police Reform andSocial Responsibility Act 2011.Whilst it may seem that these key priorities are only of concern to seniorofficers that is most definitely not the case.It is the responsibility of every individual officer to work towards theseobjectives. As an officer on patrol you will be expected to bear them inmind and be proactive.You will take part in many initiatives which will target problems such asknife crime (referred to above) in the Basic Command Unit (BCU). As youprogress in your career you will be asked to organise and carry out specialoperations, targeting this type of social problem.Strategic Policing RequirementThe Home Secretary has issued the strategic policing requirement (SPR).This replaces the non-statutory shadow SPR the Home Secretary issued inNovember 2011.Section 77 of the Police Reform and Social Responsibility Act 2011 requiresthe Home Secretary to issue a strategic policing requirement. Police andcrime commissioners and chief constables will be required to have regard toIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 12 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDthe SPR in exercising their respective roles.It focuses on those areas where government has a responsibility forensuring that sufficient capabilities are in place to respond to serious andcross-boundary criminality and in support of the work of national agenciessuch as the National Crime Agency. It does not cover areas where chiefconstables and police and crime commissioners are able to make effectivelocal risk assessments.The Home Secretary has engaged closely with policing and other partners todevelop the SPR. It sets out the national threats that the police mustaddress and the appropriate national policing capabilities that are requiredto counter those threats. These threats are terrorism, organised crime,public disorder, civil emergencies and cyber threats. They stretch from thelocal to the national (often incredibly quickly and dynamically) and require aresponse that is rooted in local policing, with local forces playing their parton the local, the regional and the national stage.A copy of the Strategic Policing Requirement can be found here:http://www.homeoffice.gov.uk/publications/police/pcc/strategic-policingrequirementEach force isassessed byHer Majesty’sInspectorateofConstabulary(HMIC)HMIC AssessmentsHMIC has re-launched its website with a new design and improvednavigation to enable you to view updates and search for information thatrelates to your own force area.The site will be constantly reviewed and updated to ensure that it containsthe latest information available. It will also undergo testing to ensure itmeets your needs so please contact them if you have any feedback.http://www.hmic.gov.uk/Pages/home.aspxLook at thewebsiteIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 13 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDThe Role of the PCSOThe Police Reform Act 2002 led to the development of the role of the PoliceCommunity Support Officer (PCSO). Having assessed the needs of thepublic and the current police resources available, the Governmentintroduced the role of the PCSO. The Police Reform Act 2002 allows ChiefOfficers to appoint and designate PCSOs with certain powers, therebyproviding a policing resource with the necessary tools to tackle such publicissues.Although there are clear links between the roles of a police constable and aPCSO, they have different powers, priorities and responsibilities within theirroles. A primary purpose of the role of the PCSO is to inspire confidencewithin local communities and deliver reassurance through high profilepatrolling and participating in neighbourhood policing to help reduce crimeand anti social behaviour.Police constables, special constables and Community Police Support Officersare all part of the Wider Policing Family. They all carry a great deal ofresponsibility and all are a critical part of the police service in achieving thestrategic key priorities.Standards of Professional BehaviourThe onus isplaced onindividuals toregulate theirownbehaviour atall timesThe public is entitled to expect the very highest standards of behaviour fromall members of the police service. The standards of behaviour to which allmembers of the profession should aspire, reflects the move towards gainingacceptability for the police as a profession like that of the law or medicine.The onus is placed on individuals to regulate their own behaviour at alltimes.The Police (Conduct) Regulations 2012 which lay down the procedures to befollowed in disciplinary proceedings for cases of misconduct, only apply topolice officers and special constables. Standards of Professional Behaviourcontained in the 2012 Regulations, also only apply to police officers andspecial constables.IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 14 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDThe Standards of Professional Behaviour set out the principles that guidethe conduct of police officers. It defines the parameters of conduct withinwhich an officer’s discretion is exercised. A breach of the principles in theStandards of Professional Behaviour may result in action being taken by theappropriate authority:a. Where the officer concerned is a senior officer of any policeforce, the police authority for the force's area;b. In any other case, the chief officer of police of the police forceconcerned;Breaches of the Standards of Professional Behaviour may indicate that theperson may not be fit to be a police officer.For further information see link:http://www.homeoffice.gov.uk/about-us/corporate-publicationsstrategy/home-office-circulars/circulars-2012/023-2012http://www.homeoffice.gov.uk/about-us/corporate-publicationsstrategy/home-office-circulars/circulars-2012/001-2012/The provisions of the Standards of Professional Behaviour are as follows:• Honesty and IntegrityPolice officers are honest, act with integrity and do not compromiseor abuse their position.Police officers are honest, act with integrity and do not compromise orabuse their position.Police officers act with integrity and are open and truthful in their dealingswith the public and their colleagues, so that confidence in the police serviceis secured and maintained.Police officers do not knowingly make any false, misleading or inaccurateoral or written statements or entries in any record or document kept orIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 15 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDmade in connection with any police activity.Police officers neither solicit nor accept the offer of any gift, gratuity orhospitality that could compromise their impartiality. Police officers alwaysconsider carefully the motivation behind such an offer and any risk of beingseen or perceived to be improperly beholden to a person or an organisation.During the course of their duties police officers may be offered light orinexpensive refreshments and this may be acceptable as part of their role.It is not anticipated that inexpensive or trivial gifts would compromise theintegrity of a police officer, such as those from conferences (e.g.promotional products) or discounts aimed at the entire police force (e.g.advertised discounts through police publications). All gifts, gratuities andhospitality other than those mentioned above must be declared inaccordance with local force policy where authority to accept may berequired from a manager, a Chief Officer or local policing body. If a policeofficer is in any doubt over the propriety of any such offer, they should seekadvice from their manager.Police officers never use their position or warrant card to gain anunauthorised advantage (financial or otherwise) that could give rise to theimpression that the police officer is abusing his or her position. A warrantcard is only to confirm identity or to express authority.• Authority, Respect and CourtesyPolice officers act with self-control and tolerance, treating membersof the public and colleagues with respect and courtesy.Police officers do not abuse their powers or authority and respectthe rights of all individuals.In exercising their duties, police officers never abuse their authority or thepowers entrusted to them. Police officers are well placed to protectindividuals and groups within society. They have been given importantpowers and responsibilities due to the complex and difficult situations theydeal with. The public have the right to expect that such powers are usedIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 16 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDprofessionally, impartially and with integrity, irrespective of an individual’sstatus.Police officers do not harass or bully colleagues or members of the public.Challenging conduct or unsatisfactory performance or attendance in anappropriate manner would not constitute bullying.Police officers do not, under any circumstances inflict, instigate or tolerateany act of inhuman or degrading treatment (as enshrined in Article 3 of theEuropean Convention on Human Rights).Police officers, recognise that some individuals who come into contact withthe police, such as victims, witnesses or suspects, may be vulnerable andtherefore may require additional support and assistance.Police officers do not use their professional position to establish or pursue asexual or improper emotional relationship with a person with whom theycome into contact in the course of their duties and who is vulnerable to anabuse of trust or power.Police officers use appropriate language and behaviour in their dealings withtheir colleagues and the public. They do not use any language or behave ina way that is offensive or is likely to cause offence.Like all professionals, police officers have special knowledge and experiencethat many others do not possess (for example what may or may notconstitute an offence). Police officers do not take unfair advantage of theinequality that arises from a member of the public being ill-equipped tomake an informed judgement about a matter in respect of which he or shedoes not have the special knowledge of the police officer.• Equality and DiversityPolice officers act with fairness and impartiality. They do notdiscriminate unlawfully or unfairly.Police officers carry out their duties with fairness and impartiality and inaccordance with current equality legislation. In protecting others’ humanIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 17 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDrights, they act in accordance with Article 14 of the European Convention onHuman Rights.Police officers need to retain the confidence of all communities andtherefore respect all individuals and their traditions, beliefs and lifestylesprovided that such are compatible with the rule of law. In particular policeofficers do not discriminate unlawfully or unfairly when exercising any oftheir duties, discretion or authority.Police officers pay due regard to the need to eliminate unlawfuldiscrimination and promote equality of opportunity and good relationsbetween persons of different groups.Police managers have a particular responsibility to support the promotion ofequality and by their actions to set a positive example.Different treatment of individuals which has an objective justification maynot amount to discrimination.• Use of ForcePolice officers only use force to the extent that it is necessary,proportionate and reasonable in all the circumstances.There will be occasions when police officers may need to use force incarrying out their duties, for example to effect an arrest or prevent harm toothers.It is for the police officer to justify his or her use of force but whenassessing whether this was necessary, proportionate and reasonable all ofthe circumstances should be taken into account and especially the situationwhich the police officer faced at the time. Police officers use force only ifother means are or may be ineffective in achieving the intended result.As far as it is reasonable in the circumstances police officers act inaccordance with their training in the use of force to decide what force maybe necessary, proportionate and reasonable. Section 3 of the Criminal LawAct 1967, section 117 of the Police and Criminal Evidence Act 1984, sectionIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 18 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKED76 of the Criminal Justice and Immigration Act 2008, and common lawmake it clear that force may only be used when it is reasonable in thecircumstances.Article 2 (2) of the European Convention on Human Rights provides astricter test for the use of lethal force. The use of such force must be nomore than is absolutely necessary: (a) in defence of any person fromunlawful violence; (b) in order to effect a lawful arrest or to prevent theescape of a person lawfully detained; or (c) in action lawfully undertaken toquell a riot or insurrection.Police officers respect everyone’s right to life (as enshrined in Article 2 ofthe European Convention on Human Rights) and do not, under anycircumstances, inflict, instigate or tolerate any act of torture, inhuman ordegrading treatment or punishment (Article 3).• Orders and InstructionsPolice officers only give and carry out lawful orders andinstructions.Police officers abide by police regulations, force policies and lawfulorders.The police service is a disciplined body and therefore any decision not tofollow an order or instruction will need to be fully justified.There may however be instances when failure to follow an order orinstruction does not amount to misconduct. This may be for example wherethe police officer reasonably believed that a lawful order was in factunlawful or where a police officer had good and sufficient reason not tocomply having regard to all the circumstances and possible consequences.Police officers do not give orders or instructions which they do notreasonably believe are lawful.Police officers, to the best of their ability, support their colleagues in theexecution of their lawful duty.IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 19 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDPolice officers abide by police regulations and force policies and accept therestrictions on their private lives as described in Schedule 1 to the PoliceRegulations 2003 (as amended) and determinations made under thoseRegulations.• Duties and ResponsibilitiesPolice officers are diligent in the exercise of their duties andresponsibilities.Police officers do not neglect their duties or responsibilities.When deciding if a police officer has neglected his or her duties all of thecircumstances should be taken into account. Police officers have widediscretion and may have to prioritise the demands on their time andresources. This may involve leaving a task to do a different one, which intheir judgement is more important. This is accepted and in many casesessential for good policing.Police officers ensure that accurate records are kept of the exercise of theirduties and powers as required by relevant legislation, force policies andprocedures.In carrying out their duties police officers have a responsibility to exercisereasonable care to prevent loss of life or loss or damage to the property ofothers (including police property).• ConfidentialityPolice officers treat information with respect and access or discloseit only in the proper course of police duties.The police service shares information with other agencies and the public aspart of its legitimate policing business. Police officers never access ordisclose any information that is not in the proper course of police duties anddo not access information for personal reasons. Police officers who areunsure if they should access or disclose information always consult withIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 20 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDtheir manager or department that deals with data protection or freedom ofinformation before accessing or disclosing it.Police officers do not provide information to third parties who are notentitled to it. This includes for example, requests from family or friends,approaches by private investigators and unauthorised disclosure to themedia.Where a police officer provides any reference in a private as opposed toprofessional capacity, then he or she will make this clear to the intendedrecipient and will emphasise that it is being provided in a private capacityand no police information has been accessed or disclosed in giving such areference.• Fitness for DutyPolice officers when on duty or presenting themselves for duty arefit to carry out their duties and responsibilities.Police officers do not make themselves unfit or impaired for duty as a resultof drinking alcohol, using an illegal drug or using a substance for nonmedicalpurposes or intentionally misusing a prescription drug.Police officers who present themselves to their force with a drink or drugsmisuse problem will be supported if they demonstrate an intention toaddress the problem and take steps to overcome it. However, the use ofillegal drugs will not be condoned. A self declaration made after a policeofficer is notified of the requirement to take a test for possible substancemisuse cannot be used to frustrate action being taken for misconduct thatmay follow a positive test result.Police officers who are aware of any health concerns that may impair theirability to perform their duties should seek guidance from the organisation’soccupational health adviser and if appropriate reasonable adjustments canbe made.A police officer who is unexpectedly called to attend for duty and considersIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 21 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDthat he or she is not fit to perform such duty should say that this is thecase.Police officers when absent from duty, on account of sickness or injury, donot engage in activities that are likely to impair their return to duty. Policeofficers will engage with the force medical officer or other member of theoccupational health team if required and follow any advice given unlessthere are reasonable grounds not to do so.• Discreditable ConductPolice officers behave in a manner which does not discredit thepolice service or undermine public confidence, whether on or offduty.Police officers report any action taken against them for a criminaloffence, conditions imposed by a court or the receipt of any penaltynotice.Discredit can be brought on the police service by an act itself or becausepublic confidence in the police is undermined. In general, it should be theactual underlying conduct of the police officer that is considered under themisconduct procedures, whether the conduct occurred on or off duty.However where a police officer has been convicted of a criminal offence thatalone may lead to misconduct action irrespective of the nature of theconduct itself. In all cases it must be clearly articulated how the conduct orconviction discredits the police service.In the interests of fairness, consistency and reasonableness the test is notsolely about media coverage but has regard to all the circumstances.Police officers are required to report as soon as reasonably practicable totheir force any occasion in the UK or elsewhere where they have beensubject to arrest, a summons for an offence, a penalty notice for disorder,an endorsable fixed penalty notice for a road traffic offence, or a charge orcaution for an offence by any enforcement agency.They must also report as soon as reasonably practicable all convictions andIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 22 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDsentences and conditions imposed by any court, whether criminal or civil(excluding matrimonial proceedings (but including non-molestation ordersor occupation orders)). ‘Conditions imposed by a court’ would include, forexample, orders to deal with anti-social behaviour, a restraining order, or abind-over.A police officer being subject to any of these measures could discredit thepolice service and may result in action being taken for misconduct againsthim or her depending on the circumstances of the particular matter.Police officers do not purchase or consume alcohol when on duty, unlessspecifically authorised to do so or it becomes necessary for the properdischarge of a particular police duty.Police officers on duty whether in uniform or in plain-clothes, display apositive image of the police service in the standard of their appearancewhich is appropriate to their operational role.Police officers attend punctually when rostered for duty or othercommitment (e.g. attendance at court).• Off-duty conductPolice officers have some restrictions on their private life. These restrictionsare laid down in the Police Regulations 2003 (as described in paragraph1.44). These restrictions have to be balanced against the right to a privatelife. Therefore, in considering whether a police officer has acted in a waywhich falls below these standards while off-duty, due regard should begiven to that balance and any action should be proportionate taking intoaccount all of the circumstances.Even when off duty, police officers do not behave in a manner thatdiscredits the police service or undermines public confidence.In determining whether a police officer’s off-duty conduct discredits thepolice service, the test is not whether the police officer discredits herself orhimself but the police service as a whole.IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 23 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDPolice officers are particularly aware of the image that they portray whenrepresenting the police service in an official capacity even though they maybe off-duty (e.g. at a conference).When police officers produce their warrant card (other than for identificationpurposes only) or act in a way to suggest that they are acting in theircapacity as a police officer (e.g. declaring that they are a police officer) theyare demonstrating that they are exercising their authority and havetherefore put themselves on duty and will act in a way which conforms tothese standards. For example, during a dispute with a neighbour a policeofficer who decides to produce a warrant card would be considered to be onduty.Police officers may only hold or undertake a business interest or anadditional occupation where an application to hold or undertake it has beenapproved in accordance with the Police Regulations 2003. Police officers donot conduct such interests or occupations if approval has been refused orwithdrawn, nor do they breach any condition of approval imposed.All forms of management action and formal outcomes for misconduct areavailable in response to off-duty conduct• Challenging and Reporting Improper ConductPolice officers report, challenge or take action against the conductof colleagues which has fallen below the standards of professionalbehaviour expected.Police officers are expected to uphold the standards of professionalbehaviour in the police service by taking appropriate action if they comeacross the conduct of a colleague which has fallen below these standards.They never ignore such conduct.Police officers who in the circumstances feel they cannot challenge acolleague directly, for example if they are a more junior rank and are notconfident, report their concerns, preferably to a line manager. If they donot feel able to approach a line manager with their concerns, they mayIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 24 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDreport the matter through the force’s confidential reporting mechanism, orto the local policing body or the Independent Police Complaints Commission(IPCC).Police officers are supported by the police service if they report conduct bya police officer which has fallen below the standards expected unless such areport is found to be malicious or otherwise made in bad faith.It is accepted that the circumstances may make immediate action difficultbut police managers are expected to challenge or take action as soon aspossible.It is accepted however that it will not always be necessary to report a policeofficer’s conduct if the matter has been dealt with appropriately by amanager in the police service.Sanctions for breaching Standards of ProfessionalBehaviourThe Standards of Professional Behaviour outline the behaviour expected ofpolice officers. By complying with the Standards of Professional Behaviourthe community will receive a professional service and public trust andconfidence in the police service is likely to increase. However, wherebehaviour falls below this standard there needs to be some form ofconsequence. Any breach by a police officer against the Standards ofProfessional Behaviour may result in any of the sanctions as shown below.(This can be in addition to any criminal offence dealt with by a court).Those entrusted to supervise and manage others are role models fordelivering a professional, impartial and effective policing service. They havea particular responsibility to maintain standards of professional behaviourby demonstrating strong leadership and by dealing with conduct which hasfallen below these standards in an appropriate way, by management actionor the formal misconduct process.The formal misconduct process can result in the following outcomes:IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 25 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKED• Management advice• Written warning• Final written warning• Dismissal with notice• Dismissal without noticeDisciplinary proceedings for PCSOsThe procedures to follow for disciplinary proceedings for police officers andspecial constables are laid down in the Police (Conduct) Regulations 2012.Disciplinary proceedings for PCSOs are not laid down in any Regulations andit is left to the discretion of the Chief Officer to determine any punishment.However, the Chief Officer may at any time, by notice to the designated oraccredited person, modify or withdraw that designation or accreditation.The Complaints Framework – Police Reform Act 2002The Independent Police Complaints Commission (IPCC) has responsibilityunder the Police Reform Act 2002 to ensure suitable arrangements are inplace for dealing with complaints or allegations of misconduct against anyperson serving with the police service in England or Wales. A person isclassed as serving with the police if:• He/she is a member of a police force.• He/she is an employee of a local policing body who is under thedirection and control of a Chief Officer, or• He/she is a special constable who is under the direction and control ofa Chief Officer.For the full information on the complaints framework see IND02 FosterPeople’s Equality, Diversity and Rights, and LPG1_4_14 Police PersonnelProcedures student notes.The Police Regulations and Conditions of ServiceIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 26 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDYou will need to be familiar with the conditions of service to which you arenow subject and the regulations that govern your actions as a member ofthe police service. In order to fulfil your role as a constable, you are givenpowers that have the potential to limit the liberty of an individual. Withthese powers comes the responsibility to use them without fear or favour.Many of the Police Regulations are intended to ensure that police officersare able to act impartially when discharging their duties. The conditions ofservice that we are subject to may seem onerous when compared to thoseof other employees but they must be viewed in the context of our uniqueposition in society.The legislation governing the police servicePolice Act1996 andSpecialConstablesRegulations1965The Police Act 1996 requires that police authorities within England andWales provide and maintain police forces for their areas and makesprovisions concerning the activities of members of the police service. ThisAct allows the Home Secretary to make regulations covering all aspects ofthe employment of police officers including pay and allowances, pensions,conditions of service, promotion and discipline. These are collectivelyknown as Police Regulations. Regulations specific to the employment ofspecial constables (including qualifications for appointment, suspension,retirement, expenses and allowances, and sick pay) are set out in theSpecial Constables Regulations 1965.Conditions of ServiceWhen you joined the force you should have been given a copy of theConditions of Service. This document is of fundamental importance to youas an officer and includes conditions relating to restrictions on your privatelife, sick leave, probationary period and personal records.Restrictions on your political activityAt present there are no specific legislative restrictions on political activity byspecial constables, unlike those in place for regular officers by virtue ofIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 27 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDregulation 6 of the Police Regulations 2003. This regulation prohibitsregular officers taking an active part in politics. However, it is consideredby the Special Constabulary National Consultative Group that the principlethat police officers should not be seen to be politically partial should alsoapply to special constables. It is therefore recommended that Chief Officersdecide if a special constable’s involvement in party politics is such as toprejudice his role as a police officer. Special constables must not belong tothe British National Party (BNP), National Front, Combat 18 or any otherorganisation whose constitution, aims, objectives or pronouncements areincompatible with the duty under section 149 of the Equality Act 2010 totackle prejudice and promote understanding.Contents of your personal recordThe Chief Officer keeps a record of each member of the police force whichcontains:• Personal details, including your place and date of birth, your marriageand children, particulars of your previous employment or militaryservice.• Records of police service, including promotions, postings,commendations and punishments.You are entitled to inspect your personal record if you wish.A specialconstable isentitled to anallowance byway of sickpay if theyloseremunerationin theirprivateemploymentas aconsequenceConditions of sick leaveRegulation 5(1 - 3) of the Special Constables Regulations 1965 state that aspecial constable will be entitled to an allowance by way of sick pay if theylose remuneration in their private employment as a consequence of aninjury received or disease contracted -a. In the execution of their duty, orb. While on duty or while on a journey necessary to enable them toreport for duty or to return home after duty.In these circumstances, sick pay would be payable for as long as the specialconstable continues to lose remuneration in their private employment or forIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 28 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDof an injuryreceived ordiseasecontracted inthe executionof their duty,or while ondutya period of 28 weeks, whichever is the less.The sick pay shall be payable for so long as the special constable continuesto lose remuneration in his private employment or for a period of 28 weeks,whichever is the less; and, subject to paragraph (3) of this Regulation, therate thereof shall be the rate of such loss of remuneration.There shall be deducted from the sick pay an amount equal to the amountof any of the following to which the special constable is entitled, that is tosay -a. Any sickness benefit under the Social Security Act 1975, orb. Any statutory sick pay under the Social Security and HousingBenefits Act 1982.Significant Public Inquiries and ReportsDetailed below are some significant inquiries and reports that were acatalyst in changing police ethics and values. These inquiries and reportshave played a large part in forming and changing police policy, procedures,practices and legislation over recent years.The Murder of Stephen LawrenceAllegationsthat theinvestigationwas not beingcarried outefficientlyThe Stephen Lawrence Inquiry Report has been described as a 'landmarkin the history of policing and race relations in this country'.22 April 1993: Stephen Lawrence and Duwayne Brooks were waiting at abus stop in a London street. A group of white youths shouted racist abuse atthem and stabbed Stephen, who collapsed and bled to death on thepavement.Following the murder, there were allegations from family and friends thatthe investigation was not being carried out efficiently. At intervals between2 weeks and 16 weeks after the murder, 5 men were arrested. However, on29 th July 1993 the Crown Prosecution Service (CPS), citing insufficientevidence, ceased any proceedings. The police insisted that theIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 29 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDInvestigation had been properly pursued.1994: A second police investigation with different personnel stillresulted in a finding of insufficient evidence to proceed.1996: A private prosecution brought by Stephen's parents failed, due toidentification evidence being found unsafe.1997: The Stephen Lawrence Inquiry. At the Inquest Mrs Lawrencepublicly accused the police of failing to investigate, handling the initialMacpherson -highly criticalof police atthe scene andsubsequentenquiryinvestigation badly, stereotyping Stephen as a criminal, and treatingthe family insensitively.In March 1997, the Police Complaints Authority commenced its owninvestigation. The subsequent report claimed there were weaknesses andomissions during the investigation, however it also concluded there was noevidence of racist conduct1999: Publication of the Stephen Lawrence Inquiry ReportAs a result of the Inquiry in the same year ordered by the Home Secretary.There were a number of findings, most of which were highly critical of thepolice action at the scene and during the subsequent investigation.Mrs Lawrence’s accusations were upheld. The Stephen Lawrence InquiryReport found there had been fundamental errors in the initial MetropolitanPolice Service investigation, due to professional incompetence, institutionalracism and failure of leadership by senior officers.The Report made 70 recommendations for reform, advocating “openness,accountability and the restoration of confidence”. It recommended that aMinisterial Priority should be established for all police services, “To increasetrust and confidence in policing amongst minority ethnic communities.Some of the key points of the Inquiry pointed out operational implications:1. New and revised definitions of racist incident2. Reporting and recording of racist incidents and crimes.Failure to recognise and accept racism and race relations as a centralIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 30 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDfeature of the case highlighted a need to think pro-actively aboutmeans of reporting and sharing information about such incidents.3. Police Practice and InvestigationThe lack of supervision at scene, absence of basic investigation anduse of powers - along with poorly executed ID parade, interviews,and loss of physical evidence led to a review of good practiceprinciples.4. Family LiaisonLack of tact and sensitivity, and understanding of family structureshighlighted the need for training and specialisation for this post.5. Victims and witnessesThe witness Duwayne Brooks, was treated badly - as just a witnessnot a victim, with no account taken of the need to support him. Thisled to a review of the Victim Support Scheme protocols.6. Prosecution of Racist CrimesFailure to take proper account of evidence of racist motivationactively hindered the investigation over a long period. Thishighlighted the need to recognise the presence of racial motivation -and for the victim/family to be appropriately consulted & informed ofthe process.Training implicationsRecommendation 49 of the Stephen Lawrence Inquiry was“all police officers and civilian staff should be trained in racism awarenessand valuing cultural diversity”.Also, organisational and personal responsibility clearly exists in relation to:1. First AidBasic skills to be taught to recognised standards and reviewedannually.2. Racism AwarenessCultural diversity training is delivered to all. A racist officer is anIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 31 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDincompetent officer.3. Police Disciplinary CodesWill ensure that racist words/acts lead to disciplinary proceedings,and such conduct should merit dismissal.4. Stop & SearchThat practices be revised to ensure transparency in practice and thepublic be made aware of the priorities of this law and their rightsunder it.5. Recruitment and SelectionThat policing plans include targets for recruitment, retention, andprogression of ethnic minority staff.What are the implications of this case for you? Whether or not you cananswer this question, you are strongly encouraged to consult the more indepth material on the ‘Introduction to Diversity’ e-learning package. TheLook at thewebsiteimportance of this case cannot be over stressed.More information on the Stephen Lawrence Inquiry can also be found at:http://www.archive.officialdocuments.co.uk/document/cm42/4262/4262.htmHaroldShipmanconvicted ofmurderingfifteen formerpatients andone case offorgeryThe Shipman InquiryThis is a statement taken from: www.shipman-inquiry.org.uk Given byDame Janet Smith DBE, Chairman of the Shipman Inquiry.“On 31st January 2000, Harold Fredrick Shipman was convicted by a jury atPreston Crown Court of murdering fifteen former patients and of forging awill of one of them. He had killed them by administering lethal doses ofdiamorphine. He was sentenced to fifteen concurrent terms of lifeimprisonment and in passing sentence Mr Justice Forbes told him that in hiscase life imprisonment would mean that he would remain in prison until hisdeath.All fifteen of Shipman's victims had lived in Hyde, Manchester. Shipman hadIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 32 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDbeen a well-respected general practitioner until his arrest for the murder ofMrs Kathleen Grundy in September 1998. As the evidence emerged duringthe trial, there were many who could not believe that Shipman would everhave harmed a patient. The sense of shock and disbelief following theconvictions reverberated around the world. Nowhere was it felt moredeeply than in Hyde. Many more people in Hyde besides the friends andfamilies of the fifteen known victims were concerned that the deaths of theirloved ones might not have been natural.There was also general concern that a doctor had been able to amass largequantities of diamorphine and to kill so many patients without detection.Why had the regulations which require a record to be made of theacquisition and supply of all controlled drugs, failed to prevent Shipmanfrom obtaining diamorphine illicitly? Why had this not been noticed,especially in view of his convictions for drug abuse in 1976? Why had oursystems of death certification with the availability of post mortemexamination and coroner's inquest failed to detect and arrest the progressof this serial killer?February2000 set upprivateinquiryIn response to these concerns, in February 2000 the Secretary of State forHealth set up an Inquiry, under the National Health Service Act 1977.Although its report was to be made public, the panel, to be chaired by LordLaming of Tewin, was to sit in private.Many people in Hyde were dissatisfied with that aspect of theInquiry. A group of relatives of known or suspected victims ofShipman applied to the High Court for judicial review of theSecretary of State's decision. Associated Newspapers Limited andother media groups made a similar application. In July 2000, thoseDecember2000 PublicInquirylaunchedapplications succeeded and in September, the Secretary of Stateannounced that the Laming Inquiry would be disbanded. Instead, hewould invite Parliament to set up a public inquiry under the Tribunalsof Inquiry (Evidence) Act 1921. In December 2000, I was invited toconduct that public inquiry. On 31st January 2006, Parliamentappointed me as Chairman and confirmed the Inquiry's terms ofIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 33 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDreference.I want to stress that although the Inquiry was set up by Parliament atthe invitation of the Secretary of State for Health and although theInquiry will be funded from the budget of the Department of Health, itis wholly independent of government. I am a High Court Judge andam entirely independent. I shall receive the advice of counsel, whoare barristers in independent practice in Manchester Chambers, butthe decisions taken will be mine and mine alone.”The Police Investigation of March 1998The second report detailing the police investigation was published in July2003. It found Harold Shipman’s three last victims could have been savedif police had carried out an investigation in March 1998 properly.The report said that the two Greater Manchester Police (GMP) officers whoinvestigated the doctor were “inexperienced and unfit to handle the case”.As a result they missed many opportunities to bring Shipman’s crimes tolight.Acting as Chair in a different report Dame Janet Smith said “If the policeand the coroner had moved with reasonable expedition, the lives ofShipman’s last three victims would probably have been saved”. She alsowent on to say “A way must be found to ensure that all deaths receive adegree of scrutiny and investigation appropriate to their facts andcircumstances”.The Regulation of Controlled Drugs in the CommunityThe fourth report called for measures to prevent doctors stockpiling drugsas Shipman did. It pointed to instances where both individuals and thesystems to monitor the prescription of controlled drugs failed to identifywhat he was doing and stop him.It said the Home Office did not restrict Shipman’s ability to possess andprescribe controlled drugs after he was convicted of dishonestly obtainingIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 34 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDpethidine in 1976 while working as a GP in Todmorden, West Yorkshire. IfShipman had been investigated he “would probably have ceased killing for atime … in that way, at least some lives would have been saved” Dame Janetsaid.He murderedand estimated250 peopleShipman: The Final ReportThe inquiry’s final report revealed that Shipman had killed up to fifteenpatients in his early career bringing his total murder toll to an estimated250 people. It found Shipman unlawfully killed three men at PontefractGeneral Infirmary in the 1970s but that the probable number was “betweenten and fifteen patients”.RecommendationsThe second report gave recommendations to GMP. A summary of thoseare: (As quoted by Dame Janet Smith)1. “Although senior officers of the GMP said in evidence that theyhoped that I would make recommendations that might assist inimproving their procedures, there is very little I wish to say.”2. “The main reason why this investigation failed was that the wrongpeople were in charge of it. If officers with the requisiteexperience had been assigned to it, there would have been nodifficulty in devising a proper plan of action. It would be to statethe obvious if I were to say that the GMP ought to put in placeprocedures which would ensure that investigations were assignedInvestigationsneed theapplication ofthe minds ofpeople withnecessaryintelligenceandexperienceto and supervised by officers with appropriate experience.”3. “Nowadays, good police practice requires that there should be aprotocol for the handling of many types of situation that occur ona regular basis. However, there will always be some sets ofcircumstances that are new and different from what has happenedbefore. There cannot be a protocol for every eventuality. Someproblems can be resolved only by the application of the minds ofpeople with the necessary intelligence and experience. Theinvestigation of Dr Reynolds' concerns was one such problem. TheIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 35 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDGMP know that as well as I do.”Guidanceshould beissued toofficers4. “Although I have said that there cannot be a protocol for everyeventuality, it does appear to me that some guidance should beissued to those detective officers who have to undertakeinvestigations into allegations of wrongdoing by healthprofessionals.”5. “A second suggestion is that the police should invite the CrownProsecution Service (CPS) to provide access to an in-housesolicitor with medico-legal experience. Such a solicitor should haveavailable lists of suitable experts and of counsel with specialistmedico-legal knowledge.”Information on the Shipman Inquiry was obtained from www.shipmaninquiry.org.uk.If you wish to read more details about the inquiry, followthe link provided above.Victoria Climbie InquiryThe brutal murder of eight year old Victoria Climbie was one of the worstcases of child abuse Britain has ever seen. The following information hasWorst case ofchild abuseever seen inBritainbeen taken from:http://www.publications.parliament.uk/pa/cm200203/cmselect/cmhealth/570/570.pdfVictoria Climbié died in the intensive care unit of St Mary’s HospitalPaddington on 25 February 2000, aged 8 years and 3 months. Her deathwas caused by multiple injuries arising from months of ill-treatment andabuse by her great-aunt, Marie-Therese Kouao and her great-aunt’spartner, Carl John Manning. Following their conviction for her murder, LordLaming was appointed in April 2001 to chair an independent statutoryinquiry into the circumstances leading to and surrounding the death ofVictoria Climbié, and to make recommendations “as to how such an eventmay, as far as possible, be avoided in the future.” The Report of theInquiry was published on 28 January 2003.IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 36 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDBound handand foot, inan unheatedbathroomlaying in acold bath in aplastic bag inher own urineand faecesLittle wonder that at the time of her last admission to hospital her bodytemperature was so low it did not register on a standard thermometer andher legs could not be straightened. So in a few months this once lively,bright and energetic child had been reduced to a bruised, deformed andmalnourished state in which her life ebbed away because of the totalcollapse of her body systems.As the very experienced pathologist Dr Carey told us; ‘All non-accidentalinjuries to children are awful and difficult for everybody to deal with, but interms of the nature and extent of the injury and the almost systematicnature of the inflicted injury, I certainly regard this as the worst I have everdealt with, and just about the worst I have ever heard of."Childrenshould benefitfrom thesame level ofservice fromthe police asan adultThere are seven parts to the report, part four concentrates on the police.Here are some excerpts from this:“The starting point for my consideration of police involvement in Victoria'scase is the firm belief that children should enjoy the same protection fromthe law, and the same level of service from the police, as adults. 'Childprotection policing' is no more or less than the investigation of crime. Totreat it otherwise or to remove it from mainstream policing in eitherphilosophy or operational practice is to do a grave disservice to the victimsof such crime.”All policeshould beaware of thebasicprinciples ofeffectiveinvestigationThe report talks about the training that officers receive to deal with childabuse cases, and states, “all police officers should, as a result of their initialtraining, be aware of the basic principles of effective investigation. It maybe unfortunate that neither of the two constables who dealt with Victoriawere trained detectives. However, I do not think the almost total lack ofeffective investigation into any of the three referrals about her can bedirectly attributed to the fact that neither of them attended the CIDfoundation course.”It goes on to say, “I was told that it is not possible for local managers toinstigate CID foundation training. In any event, it would appear that at theIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 37 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDtime with which I am concerned, such training did not exist. DetectiveSuperintendent (D Supt) Gary Copson told me, "There was no detectivetraining course; there was no junior initial CID course for the MetropolitanPolice for nearly four years [prior to Victoria's death] to the best of myrecollection. There was not any." Even if local managers had wanted to puttheir CPT staff on a CID foundation course in the years leading up toVictoria's death, they would have been unable to do so.”Recommendation:The following recommendation was amongst those made by Lord Laming’sTrainingshould beprovided forpolice officersreport:‘The Home Office, through Centrex and the Association of Chief PoliceOfficers, must devise and implement a national training curriculum for childprotection officers as recommended in 1999 by Her Majesty’s Inspectorateof Constabulary in its thematic inspection report, Child Protection.’Centrex was the predecessor organisation to NPIA and the College ofPolicing.Scarman InquiryThe Scarman Inquiry was set up in 1981 to inquire urgently into the seriousScarmanInquiry set upto examinebad relationsbetween thepolice and theblackcommunitydisorder in Brixton on 10 th - 12 th April 1981 and to report with the power tomake recommendations.Relations began to deteriorate even further when a significant increase instreet crime in Lambeth resulted in the district commander launchingoperation ‘Swamp 81’. The consequence was that a significant number ofblack youths were stopped and searched, intensifying the resentment of agroup, who already frequently protested against and obstructed policeactions on the street.The relations between the police and the black community were at theirBrixton riotsApril 1981worst during the Brixton riots, which began on the 10 th April 1981. A PCtried to assist a black youth who had been stabbed. The young man, whoIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 38 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDthought he was being arrested, ran away with encouragement of threeother youths. Two more police officers caught up with the youth andadministered first aid, whist radioing for an ambulance. Before it arrived acrowd of black youths took him out of police protection and to the hospital,by car.The officers that tried to help the young man had bricks and bottles thrownat them and the four police cars coming to assist were attacked. The wholeincident lasted over an hour and half. Six people were arrested and sixpolice officers were injured.In the meantime, false rumours were spreading that the police officersrefused to help the youth, that they had prevented him being taken tohospital and that they had even caused the injuries to themselves.The next day operation ‘Swamp 81’ continued. When two police officerssaw a man putting something in his sock, they stopped and searched himon suspicion of carrying drugs. The man insisted that he only kept hismoney in his sock, but they continued to search his car and check the taxdisc and licence plates.A small crowd had now gathered and they began to harass the officers andviolence broke out. The police only managed to gain control of the situationafter many buildings and cars had been set alight and the fire brigade hadbeen attacked.299 policeinjured and65 civilians.82 arrests299 police were injured and at least 65 civilians. 61 private vehicles and 56police vehicles were damaged or destroyed. 28 premises were burned andanother 117 damaged and looted. 82 arrests were made. Molotov cocktails(also known as petrol bombs) were thrown for the first time on mainlandBritain.As a result of the riots, the Home Secretary appointed Lord Scarman to holda public Inquiry. The report concentrated on policing and made it clear thatthe riot was a result of an outburst of violence against the police. Theabove information was taken from the metropolitan police website:IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 39 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDhttp://www.met.police.uk/history/brixton_riots.htmSome of the recommendations that came out of the Scarman report are:1. Make efforts to recruit more black police officers.2. Avoid racially prejudice people joining the police service.3. Improve training to allow prevention as well as control of disordercoupled with an understanding of cultural backgrounds and theattitudes to be found in a culturally diverse society.4. Training for new police officers in dealing with potential conflict areassuch as stop and search and to include a period of ‘inner city’ patrolor racially sensitive area.5. Compulsory training for all ranks up to Superintendent in the area ofgood community relations. Training provided for all ranks up toAssistant Chief Constable (ACC) in the handling of public ordersituations.6. And essentially, for the police to secure the consent and support ofthe public who they serve.Other recommendations were made in respect of the supervision andpossible discipline of officers who acted inappropriately.Subsequent publications such as ‘Winning the Race’, Policing PluralCommunities’ (1996/7), ‘Winning the Race Revisited’ (1998/99), ‘Winningthe Race: Embracing Diversity’ (2000) and ‘Diversity Matters’ (March 2003)have resulted in the Police service as a whole beginning to set standards inpolicing such as the National Occupational Standards drafted by Skills forJustice.It is anticipated that this focus on police standards will in the future reflectmore favourably on the police service, helping to promote a more positivepublic perception.More recently, following the death of a man during the G20 summit inLondon, Her Majesty’s Inspector of Constabulary (HMIC) has produced aIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 40 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDreport called ‘Adapting to protest’ this document can be found at:http://www.hmic.gov.uk/Inspections/SpecialistInspections/PPR/Pages/home.aspxIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 41 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDSummary of the Origin of Police Values andEthicsKnowledge Check 11. What is Policing by Consent?________________________________________________________________________________________________________________________________________________________________________________________________________________2. What is the name of the statement which sets out the aim ofpolicing and the values which you should uphold as a policeofficer?________________________________________________________________________________________________________________________________________________________________________________________________________________3. List 10 key statutory and voluntary agencies or communitygroups that the police partnership with________________________________________________________________________________________________________________________________________________________________________________________________________________4. Police forces throughout England and Wales have theirperformance assessed by her Majesty’s Inspectorate ofConstabulary (HMIC). What is their purpose?_____________________________________________________________________________________________________________________________________________IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 42 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKED5. One of the provisions of the Standards of Professional Behaviouris ‘honesty and Integrity’. State 4 of the remaining 9 provisions.________________________________________________________________________________________________________________________________________________________________________________________________________________6. Recommendation 48 of the Stephen Lawrence Inquiry was thatall police officers and civilian staff be trained in racism awarenessand valuing cultural diversity. List 5 areas of organisational andpersonal responsibility that link to this recommendation.________________________________________________________________________________________________________________________________________________________________________________________________________________7. As a result of which inquiry did the HMIC recommend a nationaltraining curriculum be implemented for child protection officers?________________________________________________________________________________________________________________________________________________________________________________________________________________8. Which inquiry recommended that the police service make moreeffort to recruit more officers from ethnic minorities?________________________________________________________________________________________________________________________________________________________________________________________________________________9. “Some key points of the Inquiry pointed out operationalimplications for new and revised definitions of racist issues andreporting and recording of racist incidents and crimes.” WhichInquiry does this recommendation refer?______________________________________________________________________________________________IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 43 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDYou should check your answers for this knowledge check beforecontinuing. The answers can be found at the end of thesenotes.IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 44 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDApplying Police EthicsThe topics that you will cover in this section are:• Duty of care to the community.• The potential for conflict between personal and organisationalethics.• The importance of equality and diversity in police ethics.As an officer you have a common law duty of care which means thatyou must consider the health and safety of your colleagues andmembers of the public. This will be covered in more detail in yourhealth and safety training. You have a duty of care to all the peopleyou serve, especially those who are vulnerable and unable to helpthemselves. You should attempt to help them and, if necessary, protectthem from themselves and others.Duty of care tocomply withhealth andsafetyThere is no specific definition of ‘duty of care’, if a complaint was madethat an officer did not carry out their duty of care, it would be decidedon a case by case basis.The prime functions of a constable are to uphold the law fairly andfirmly. Think back to the Statement of Mission and Values in the Originof Police Ethics section of these student notes.By upholding the Statement of Mission and Values you will also befulfilling an officer’s duty of care to the community. Here are somepractical policing examples of what duty of care might include:1. Take reasonable steps to protect, assist and support keywitnesses to a serious crime of violence2. Take reasonable steps to ensure that officers do not behave in aracist manner towards members of the public3. Take reasonable steps to investigate the crime with allreasonable diligence.IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 45 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDThere are numerous Acts of Parliament that are relevant to an officer’sduty of care to the community; for example the organisation has a dutyof care in relation to information and the way that it is stored, who it isA duty of care tothe informationheldrevealed to and the manner to which it is put. Under the GovernmentProtective Marking Scheme information is graded from ‘protect’ throughto the highest level of ‘top secret’. The Data Protection Act 1998 alsoplaces requirements on the way in which personal information ishandled, the Code of Practice on the Management of Police Information(MOPI) also governs the way we deal with personal information. Youwill learn more about all of these later in your training.What is important to know at the moment is that your duty of careextends across a wide range of policing areas, most of which will havea relevant Act of Parliament underpinning that duty of care. Otherexamples include, the Police and Criminal Evidence Act 1984, Healthand Safety legislation, to mention just a few. You will also learn laterin these notes, that significant public inquiries impact on an officer’sduty of care, often by highlighting a lack of care at an appropriatelevel, or a lack of training in certain areas of policing, both of whichresult in recommendations for change in the police service.Potential for Conflict between Organisational andPersonal EthicsAs an officer you may encounter situations that will cause conflictbetween your personal values/ethics and those of the organisation.This is something that needs to be explored. Consideration needs to begiven as to how you would act in such an event. Examples of suchsituations are:• You have just become aware that your mother has been drivingher motor vehicle around for the last three months without anyroad tax and says that she doesn’t intend to re-new it yet as shecannot afford it at the moment.• You know that someone on the sex offenders register will beIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 46 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDmoving in next door to you. You have a young daughter andfeel that you want to say something to your partner.• You are at a party with some friends who are smoking cannabisand you see the person that they are buying it from, what doyou do?These are all situations that you could come across in your day to daylife as an officer. It is vital that when deciding your behaviour youshould remind yourself of the Statement of Mission and Values to helpguide you in the right direction.Our own values are formed by our life experiences and influenced byThere are lawsthat govern allyour actionspeople close to us, such as, family, friends, teachers, religious leadersetc.Therefore people are going to have different values to each other. Asan officer you have the difficult job of sometimes having to leave yourpersonal feelings, values and beliefs behind. This is not something thatwill be easy. You will learn during your training that there are lawsthat govern all of your actions. You will need to know these laws andwhat your powers are in each situation, so that you can actaccordingly.Remain openminded andnonjudgementalYou will also need to consider your prejudices and stereotyping and notallow these to effect your judgement or actions by remaining openminded and non-judgemental. You will be looking at how you can dothis throughout the duration of your training.The Importance of Equality and Diversity in PoliceEthicsPrejudice anddiscriminationwill not betoleratedEquality and Diversity is a core theme throughout your training as anofficer. This will, no doubt, not be the first time you will havediscussed/read about diversity and it will most certainly not be the last.Prejudice and discrimination are something that will not be tolerated inIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 47 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDthe police force. To help you understand why we will look at thedictionary definitions of them (Cambridge Advanced Learner’sDictionary 3 rd Edition (2008)):PrejudiceAn unfair and unreasonable opinion or feeling, especially when formedwithout enough thought or knowledgeDiscriminationTo treat a person or particular group of people differently, especially ina worse way from the way in which you treat other people, because oftheir skin colour, religion or belief, gender, sexual orientation, etc:Now we will look at some of the Articles of the European Convention onHuman Rights which underpin the concept of diversity (Articles 9-14).These Articles are given further effect in United Kingdom law by theHuman Rights Act 1998Article 9Article 9The right to freedom of thought, conscience & religion:“Everyone has the right to freedom of thought, conscience and religion;this right includes freedom to change his religion or belief and freedom,either alone or in community with others and in public or private, tomanifest his religion or belief, in worship, teaching, practice andobservance.”“Freedom to manifest one's religion or beliefs shall be subject only tosuch limitations as are prescribed by law and are necessary in ademocratic society in the interests of public safety, for the protection ofpublic order, health or morals, or for the protection of the rights andfreedoms of others.”Article 10Article 10IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 48 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDFreedom of expression:1. “Everyone has the right to freedom of expression. This right shallinclude freedom to hold opinions and to receive and impartinformation and ideas without interference by public authorityand regardless of frontiers. This Article shall not prevent Statesfrom requiring the licensing of broadcasting, television or cinemaenterprises.”2. “The exercise of these freedoms, since it carries with it dutiesand responsibilities, may be subject to such formalities,conditions, restrictions or penalties as are prescribed by law andare necessary in a democratic society, in the interests of nationalsecurity, territorial integrity or public safety, for the preventionof disorder or crime, for the protection of health or morals, forthe protection of the reputation or rights of others, forpreventing the disclosure of information received in confidence,or for maintaining the authority and impartiality of the judiciary.”Article 11Article 11Freedom of assembly and association:1. Everyone has the right to freedom of peaceful assembly andto freedom of association with others, including the right toform and to join trade unions for the protection of theirinterests.2. No restrictions shall be placed on the exercise of these rightsother than such as are prescribed by law and are necessary ina democratic society in the interests of national security orpublic safety, for the prevention of disorder or crime, for theprotection of health or morals or for the protection of therights and freedoms or others. This article shall not preventthe imposition of lawful restrictions on the exercise of theserights by members of the armed forces, of the police or ofadministration of the State.IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 49 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDArticle 12Article 12Right to marry:Men and women of marriageable age have the right to marry and tofound a family, according to the national laws governing the exercise ofthis right.Article 14Article 14Prohibition of discrimination:1. The enjoyment of the rights and freedoms set forth in thisConvention shall be secured without discrimination on anyground such as sex, ethnic or national groups, colour,language, religion, political or other opinion, national or socialorigin, association with a national minority, property, birth orother status.(Please note this is an article and not actionable on its own, it can onlybe used in conjunction with another article).The principal effect on people who suffer discriminationDiscrimination and stereotyping have many potential impacts upon thecommunity; here you will read about just a few. As an officer you havemany powers, such as the power of arrest, stop and search and powersof entry to premises. You also have powers of influence, which have tobe used in an ethical way. You, as a police officer, must remainimpartial and free of beliefs likely to lead to discrimination or prejudiceDiscrimination in all forms has a negative impact on people in someway, even if it may have a positive benefit for some people.For example:Discriminationfrom the policeservice wouldA position becomes available in your force, which involves firearmstraining. PC Walters, a woman, and PC Ali, a man, apply. SergeantCurtis chooses to select PC Ali as he wishes to have more ethnicIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 50 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDhave a negativeimpact upon thecommunityminority officers with fire arms training, though he is less well qualifiedfor the position than PC Walters.This will have a positive impact for PC Ali, but a negative impactagainst PC Walters.If Sergeant Curtis did discriminate against Walters it could have anextremely negative impact upon the community. Prejudice can causemembers of the community to be alienated, which in turn could causemore problems for the police service.The community would also be less likely to trust the police service.This would make it more difficult to solve crimes, as people would feeluncomfortable helping or giving information to a police force that theyPrejudice canlead todiscriminationdon’t trust.Prejudice can lead to discrimination, for example, you may have aprejudice against a certain type of person or group of people. Whenyou come across a situation involving them, you may, as you areprejudiced, be inclined to treat them differently to how you would treata different group of people, whom you don’t have any prejudiceagainst.IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 51 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDSummary of Applying Police EthicsKnowledge Check 21. As an officer you have a common law duty of care. What exactlydoes this mean?________________________________________________________________________________________________________________________________________________________________________________________2. What is meant by the term ‘prejudice?’____________________________________________________________________________________________________________________________________________________________________________________________________________3. What is meant by the term ‘discrimination?’____________________________________________________________________________________________________________________________________________________________________4. What Article of the European Convention on Human Rightsprohibits discrimination and guarantees equal treatment in theenjoyment of the other Convention rights?____________________________________________________________________________________________You should check your answers for this and the previousknowledge check before continuing. The answers can be foundat the end of these notes.IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 52 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDBuilding Public Trust and ConfidenceThe topics that you will be covering in this section are:• The legal requirements to use the least power necessary toachieve a legitimate lawful aim• Deal with people in an ethical manner recognising theirindividual needs• Balancing decision making and fairness• Identifying the importance of building trust and confidence in thecommunity.Identify the legal requirements to use the least powernecessary to achieve a necessary, legitimate andlawful aim.A generous approach is adopted by the European Court of HumanRights when interpreting the European Convention on Human Rights.The purposes of the Convention, the protection of rights and thepromotion of democratic values, are of primary importance, allowingthe Convention text to be interpreted widely. Rights under the ECHRcan be classified as absolute, limited or qualified rights.Absolute rights cannot be derogated (diminished) from, and there is nobalancing of the right against the public interest.Limited rights can be restricted under explicit and finite circumstances.This limitation is generally permitted to ensure a fair balance is struckbetween the rights of individuals and those of the general community.These limitations are interpreted narrowly.Qualified rights are those which most obviously raise conflicts betweenthe rights of individuals and those of society in general.Qualified rights can only be restricted/ limited under the circumstancesdescribed in the Articles themselves.IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 53 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDThese are:LegalityThe first question we need to ask when engaging a convention right is,“Is the interference (restriction) ‘prescribed by law’ or ‘in accordancewith the law’?”Decisions by the Court have consistently shown that any authority forinfringement must have a basis in domestic law which is:• Identified and established• Accessible (written down and available) and• Clear enough so that its consequences can be foreseen.Complaints about rights being interfered with may be based on theargument that the terms of domestic law are too vague to know whatactions constitute a breach of the law. If the domestic law is clearlylaid down, as is the case with most primary legislation, any suchcomplaint is likely to fail.The situation might be different for activities not covered by legislation,Each case isdecided on itsmeritslaw which is not clearly defined, or law which is constantly changingsuch as common law.In practice each case is decided on its merits, the general rule beingthat absolute certainty is not required; reasonable certainty is enough.• ‘prescribed by law’ or ‘in accordance with the law’• ‘necessary in a democratic society’ and• ‘in the interests of’Interpretation of the qualifications by the Court has led to thedevelopment of the three principles of legality, necessity andproportionality plus the issue for a ‘public authority’ of accountability.Necessity / relevanceIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 54 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDArticles 8-11 of the European Convention on Human Rights contain thewords ‘necessary in a democratic society’. The test for this wasdetermined in the case of Sunday Times v United Kingdom 1979-80) 2EHRR 245, which established that test of “necessity in a democraticsociety” requires the Court to determine two things:1. That an interference corresponds to a pressing social need; and2. That it is proportionate to the legitimate aim pursued.If the infringement is found to be necessary, the authority for theinfringement must be for a legitimate aim and must be contained in theterms of the Article itself. The only qualifications permitted underConvention case law are those listed in the Articles themselves.To make this clearer, look at Article 9 European Convention on HumanRights (freedom of thought, conscience and religion). You will see thatthe only infringements permitted are for public safety, protection ofpublic order, health or morals and the protection of rights andfreedoms of others.ProportionalityAs we have seen with the principle of legality, proportionality applies tomore than just qualified rights. It applies to any Convention rightwhere a restriction is allowed.So far we have seen that any permissible restrictions on Conventionrights must have a basis in law. Any qualified right can only be suchfor one of the legitimate aims, set out in the Article itself.When a situation arises where a public authority finds it necessary tointerfere with a person’s Convention rights, there is always a range ofactions that can be taken, going from minimal to extreme.Of the options available any restriction must be proportionate to thelawful aim pursued. Another way of explaining it is to ask “Would theaction be using a sledgehammer to crack a nut?” or “Is there a lessIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 55 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDrestrictive alternative?”Simple verbaladvice may beall that isnecessaryThis is the principle of proportionality. Even though there may be apower to make an immediate arrest, this may not be proportionate tothe threat or problem which is to be prevented. Simple verbal advicemay be all that is necessary if it achieves the aim required of stoppingthe threatening behaviour.Here is an example to consider someone’s behaviour related toproportionality:MORTON is in a busy shopping street of a typical city centre. He isextremely drunk and is announcing to the public his discontent at theprice of wine. He is doing this in a rather aggressive manner, shouting,swearing and threatening violence towards anyone in sight. Manypeople are alarmed at this behaviour and they cross over the road.There are also several small children present. A police officer attendsand attempts to calm MORTON down. The officer tells him to stopbeing abusive and alarming the public. The officer warns MORTON thatif he does not then he will be arrested. MORTON immediately stopsand makes his way home.Which qualified Convention right could MORTON claim he wasexercising?In what way might the officer have interfered with MORTON’s rights asabove?If it was thought that MORTON’s behaviour was such that he should bebrought before a court, the preferable option would be to arrest.IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 56 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDAgain, the action of the officer must be ‘proportionate to the lawful aimpursued’.By means of the principle of proportionality, the Convention is seekingto achieve a fair balance between the conflicting rights of thecommunity and those of the individual.In order to justify this requirement, it must be shown that:• What is proposed is not arbitrary or unfair.• The restriction is strictly limited to what is required to achievethe objective.• The severity of the effect of the restriction does not outweigh thebenefit to the community that is being sought by the restriction.AccountabilityIn reality, the European Court looks at the three principles of legality,necessity and proportionality in the following order:• Is the measure lawful (i.e. permitted by clear and accessiblelaw)?• If so, is there a good reason for it (i.e. ‘in the interests of’)?• If so, is it really necessary and proportionate?In addition, the court would also consider whether the measure wasnon-discriminatory.These principles are nothing new for the police service as best practicein policing has always been to follow the same process asking theThe court wouldconsiderwhether themeasure wasnondiscriminatoryquestions:• Is what I am doing lawful?• Is what I am doing necessary and justifiable?• Is what I am doing proportionate?• Is what I am doing fair?Recording of decisions, options considered and reasons for decisionswill further provide protection from claims that Convention rights haveIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 57 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDbeen unjustifiably interfered with.PLAN your actionsIn regards to your actions think about:P - proportionalityL - legalityA - accountabilityN - necessityEquality of ArmsThis principle underpins Article 6, the right to a fair trial. In its simplestform, equality of arms means the defence must be afforded areasonable opportunity to prepare and present their case, includingtheir evidence, under conditions which do not place them at adisadvantage with the prosecution (i.e. a level playing field).CriminalProcedure andInvestigationsAct 1996Equality of arms is provided by the law, for example in the CriminalProcedure and Investigations Act 1996. This Act specifies how thepolice record and preserve material obtained in the course of a criminalinvestigation for the benefit of both the prosecution and the defence.Margin of AppreciationThis is an international doctrine, which allows the European Court ofHuman Rights to judge that domestic institutions (including domesticcourts) are better placed than an international court in assessingparticular national situations. In other words, it is the leeway that theCourt can give to states so that their own political and culturaltraditions are respected.Legal obligationSection 6 of the Human Rights Act 1998 places a legal obligation onpublic authorities, by making it unlawful for them to act in a way whichis incompatible with certain Articles of the European Convention onIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 58 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDHuman Rights. The term ‘legal obligation’ places on public authoritiesboth positive and negative obligations.A negative obligation requires a public authority to refrain frominterference with particular rights, for example, not to torture and notto make an unjustified interference with private and family life.A positive obligation requires a public authority to take action to securehuman rights. For example, it must protect the right to life in certainwell defined circumstances. Whether the obligation is positive ornegative will depend on which of the Articles of the EuropeanConvention on Human Rights applies. Two cases illustrate the point:Plattform Artzte Fur das Leben v Austria (1988) 13 EHRR 204.A group of anti-abortion protesters complained to the Court that theyhad been unable to exercise their right of peaceful assembly becauseevery time they organised a rally or march they were attacked bycounter demonstrators.Anti-abortionprotestersattacked bycounterdemonstratorsThe Austrian Government responded by claiming that since it had notinterfered with the applicants’ rights, it could not be responsible for thealleged breach. The Court disagreed and stated that Article 8 places apositive obligation to take reasonable and appropriate measures toenable lawful demonstrations to proceed peacefully. In this casehowever, the Austrian Government had taken reasonable measures sodid not violate the Convention.Osman v UK (1988) 29 EHRR 245.This case involved an argument that the police failed to take adequatesteps to prevent a teacher, who was infatuated with an individual,attacking him and killing his father. Although the Court found nobreach of Article 2 (right to life) it established some importantprinciples:• The State's obligation in this respect extends beyond its primaryduty to secure the right to life by putting in place effectivecriminal law provisions to deter the commission of offencesIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 59 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDagainst the person backed up by law-enforcement machinery forthe prevention, suppression and sanctioning of breaches of suchprovisions• The State (under well-defined circumstances) has a positiveobligation to take preventative measures to protect an individualwho is at risk from the criminal acts of others.• The obligation must not be interpreted so that it places animpossible or a disproportionate burden on the authorities.‘it must be established … that the authorities knew or ought to haveknown at the time of the existence of a real and immediate risk tothe life of an identified individual or individuals from the criminalacts of a third party and that they failed to take measures within thescope of their powers which, judged reasonably, might have beenexpected to avoid that risk.’Common Law/Use of Force/Self Defence/Breach ofEuropeanConvention onHuman Rightsthe PeaceThe following, in addition to the need to give effect to the EuropeanConvention on Human Rights (ECHR), may be factors, which the courtswill take into account when deciding what is reasonable.The law on self defence arises both under the common law defence ofself-defence and the defences provided by section 3(1) of the CriminalLaw Act 1967 (use of force in the prevention of crime or makingarrest). It has recently been clarified by section 76 of the CriminalJustice and Immigration Act 2008.Section 76 of the Criminal Justice and Immigration Act 2008 providesclarification of the operation of the existing common law and statutorydefences.Section 76, section 76(9) in particular, neither abolishes the commonlaw and statutory defences nor does it change the current test thatallows the use of reasonable force.IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 60 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDCommon Law - use of force“…If you have an honestly held belief that you or another are inimminent danger, you may use such force as is reasonable andnecessary to avert that danger…”Lord Griffiths (Beckford v R [1988] AC 130)Beckford v The Queen 1987 (Self defence)There are manycircumstancesin which oneperson may useforce uponanother withoutcommitting acrimeThe common law recognises that there are many circumstances inwhich one person may use force upon another without committing acrime, e.g. sporting contests or surgical operations. Included in thecommon law is a person’s right to protect themselves from attack, toact in the defence of others, to prevent crime, to arrest offenders and,if necessary, to use force on another in so doing. A person could usesuch force in the defence of himself or another as was reasonable inthe circumstances as he honestly believed them to be.Furthermore, a person about to be attacked does not have to wait foran assailant to strike the first blow or fire the first shot; circumstancesmay justify a pre-emptive strike. The authority for this is the case of Rv Deana (1909) 2 Cr App R 75.R v Howell [1982] QB 416 (Breach of the Peace)A breach of the peace occurs whenever harm is actually done or islikely to be done to a person or in his presence to his property or aperson is in fear of being harmed through assault, affray, unlawfulassembly, riot or other disturbance.Albert v Lavin [1982] AC 546 (Breach of the Peace)Every citizen (whether a police officer or not) in whose presence abreach of the peace is being, or reasonably appears to be committed,has the right to take reasonable steps to make the person who isbreaking or threatening to break the peace refrain from doing so….IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 61 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDthose reasonable steps in appropriate cases will include detaining himagainst his will short of arresting him.Section 3 of the Criminal Law Act 1967 and physical forceSection 3Criminal LawAct 1967 appliesto everyoneCriminal Law Act 1967 states:1. A person may use such force as is reasonable in thecircumstances in the prevention of crime, or in effecting orassisting in the lawful arrest of offenders or suspected offendersor of persons unlawfully at large.2. Subsection (1) above shall replace the rules of the common lawon the question when force used for a purpose mentioned in thesubsection is justified by that purpose.It should be noted that Section 3 of the Act applies to all persons andall circumstances. It makes no reference to terms such as:• Minimum force• Proportionality• Police officerWhere force is used in the prevention of crime or in effecting an arrest,you must consider whether there are any viable alternatives available.Where there are no viable alternatives to the use of force in theprevention of crime or effecting an arrest, the following points shouldYou will berequired tojustify youractionsbe borne in mind: Is the use of force:• Reasonable in the circumstances?Or• Proportionate to the seriousness of the case?• The minimum amount of force necessary?• An absolute necessity under the circumstances?If, during the course of your duty, you use force against anotherperson you are personally responsible for such use and may ultimatelybe required to justify your actions in a court of law. Any force usedmust at all times be proportionate and reasonable in the circumstances.‘Reasonableness’ is a question of fact to be decided in each individualIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 62 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDcase. Use of force is related to the circumstances as perceived byindividual officers at the time of the incident.In relation to the use of force by police officers, Article 2 is alsoparticularly relevant if the use of force results in the taking of life. Amore stringent test will apply, as the force used must be shown to havebeen no more than absolutely necessary, as opposed to reasonable inthe circumstances.Section 117 PACE 1984 and physical forceWhere any provision of this Act:Section 117PACE 1984• Confers a power on a constable; and• Does not provide that the power may only be exercised with theconsent of some person other than a police officer, the officermay use reasonable force if necessary in the exercise of thepower.Some common areas of applicationSection 1 - Stop and SearchSection 17 - Powers of entrySection 18 - Powers of entry and search post arrestSection 24 - Powers of arrest without warrant for constablesSection 32 - Powers of entry and search post arrestSection 61 - Power to take fingerprintsAgain, the responsibility for the use of force rests with you, and you willbe answerable to both criminal and civil courts.As the above demonstrates, the courts will expect you to be able tojustify your decision to use force and the level of that force. Indetermining whether the force was reasonable, courts will take accountof the need to give effect to the European Convention on Human Rights(ECHR).Deal With People in an Ethical Manner Recognising TheirIndividual NeedsIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 63 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDIn this section you will be looking at using police powers in a fair andnon-arbitrary way. The public has a right to expect their officers tobehave in a manner that protects each individual’s basic rights withinthe law. They expect help when they require it, and fair treatment intheir dealings with officers and the legal system. These basic rights area matter of common courtesy, but members of the public are right tohave that expectation.As an officer you have the authority to deprive someone of his or herAs an officeryou have thepower todeprivesomeone oftheir libertyliberty either by making an arrest or lawfully detaining a person. It istherefore essential that such authority be used with caution and withimpartiality.To enable you to reach a stage where you are entrusted to use thisauthority, your training will require you to recognise and to change anyattitudes which may lead you to treat some people less fairly thanothers.Your trainers will be available to support and assist you in this processbut you will also have a responsibility for your own learning and forthat of your colleagues.The situations in which it is lawful to deprive someone of their libertyare set out in ‘Article 5 of the European Convention on Human Rights,the right to liberty and security’Discriminatorytreatment willnot be toleratedDiscriminatory treatment in depriving someone of their liberty will notbe tolerated and could lead to adverse consequences for you, yourforce and in any trial of the person detained.We have already looked at the basic rights and freedoms under theEuropean Convention on Human Rights. These rights are to be enjoyedwithout discrimination on any ground such as sex, race, colour,language, religion, political or other opinion, national or social origin,association with a national minority, property, birth or other status.IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 64 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDBalancing Decision Making with FairnessWhen making decisions about what actions to take or powers to use,you must make sure that the decisions you make are fair. As an officeryou have to make decisions everyday, decisions that may not be easy,with many alternatives. Many decisions are made after longdeliberation, you may not have this luxury. A good way to makedecisions is by following this simple method.1. Identify the situation.Helping youwith decisionmaking2. Decide what you need to achieve.3. Decide what factors need to be considered.4. Identify the various courses of action.5. Identify which is the best and why.6. Implement that course of action.Identify the SituationFind out as much information as you can in the time that you have.Decide What You Need AchieveYou need to find out what the concerns of the people involved are,justified or un-justified and whether you think any actions should betaken, remember that your actions must be justified.What Factors Need to be ConsideredEach situation will have different factors to consider, e.g. time of day,age of person(s) involved, safety etc.Identify the Various Courses of ActionExploring alternative courses of actions that will help you to achieveyour aim.Identify the best wayHere you will be weighing up alternatives. When considering the bestIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 65 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDway, you must consider the likely outcome. Ideally you would choose adecision with the best outcome. This is not always possible, so youneed to consider the practicalities of implementing your decision andgetting a balance between the two.Implement that course of actionHere you will implement your course of action. Afterwards the key is toreflect upon what happened and consider what went well and if youwould do anything differently next time. This way you will be able tolearn from all of your experiences and demonstrate effective decisionmaking.By following these principles of decision making, this will help you tomake fair decisions, considering the needs of individuals. By makingfair decisions, you will be able to maintain and grow the public’sconfidence in the police service, a key part in ‘policing by consent’.People are individuals and they must be treated as such. Similarly, noEvery personand situation isdifferenttwo situations that you deal with will be the same. You must considereach situation on its own merits and decide how to deal with itaccordingly. During your training you will learn what ‘discretion’ is andhow to apply discretion in a fair and justified manner considering arange of factors that will influence your decisions.The needs of theindividual mayoutweighed bythe legitimateaim beingpursuedThere may be times when the needs of the individual may beoutweighed by the legitimate aim being pursued and you may need tobe sensitive but firm in how you handle such a situation. For example,consider a situation where there is reasonable grounds to believe that achild has been subjected to physical assault by one or both of theirparents in the family home.Your primary duty of care in this situation is to protect the child, andany other vulnerable persons from further harm. To do this it may benecessary to remove that child (and possibly others in the family) to aplace of safety, which may mean being placed into the care of the LocalIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 66 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDAuthority.Despite being assaulted, the child may still want to remain at homewhere the people and surroundings are familiar to them. You will needto be sensitive in your communication skills to explain to all relevantparties what you are doing and why.Some decisionsmay have thepotential tocausecommunityconflictSome decisions that you make might result in conflict with acommunity group, even though you have properly carried out anappropriate decision. Consider the following example:Information believed to be correct, indicates that a large quantity ofheroin is being kept at a house on a local housing estate. Theoccupants of the house are three adults, one of whom is known to thepolice for supplying controlled drugs, and three small children betweenthe ages of seven and 2 years. A warrant is obtained and it is decidedthat a search will be conducted for the controlled drugs at 5.30amwhen all the occupants are expected to still be in bed asleep.Code B of the Codes of Practice to the Police and Criminal Evidence Act1984 gives clear guidance on the conduct of searches. One of themany considerations that the officer must make is the time of day thata search is conducted to limit the disruption and disturbance to thoseinvolved. Whilst 5.30am can clearly be considered to be very early inthe morning and possibly the most disruptive time to all the occupants,in particular the children, it is a necessary and legitimate decision toconduct the search at this time in an attempt to prevent the drugsbeing disposed of before the police have an opportunity to contain thepremises and possible suspects.To minimise the possible conflict, the officer should take theopportunity to explain the reason to the occupants, as soon as ispracticable, the reason that the search has been conducted so early inthe morning.Such situations can also result in conflict within the community. IfIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 67 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDother community members are unaware of the factors influencing sucha decision, it could appear to the community that the house search wasexecuted without thought or sensitivity for the younger occupants ofthe household. So how can the police minimise the effects of suchdecision making on the community in this situation?One such way is through the use of ‘community forum’ meetings. ThisEffectivecommunicationis a key toreducingpotentialconflictis where a police community representative attends meetings heldlocally by community members to discuss issues, answer questions,and in this situation, take the opportunity to raise awareness of whycertain police operations have been conducted in the manner that theywere. Effective communication and giving information are two keyareas to minimising the possible negative effects on an individual and acommunity to decision making that has the potential to cause conflict.Building Public Trust and ConfidenceAs an officer you can help to build trust within the community by usingsensitive and appropriate language. This is covered in more detailIND06 (Providing Advice and Support.) Student notes.Leadership does not just apply to a limited number of senior officersrepresenting leadership in the service. It does not matter whether youDisplay the rightattitudes acrossthe service as awholeare a neighbourhood constable or a superintendent in charge of adivision. Leadership is about behaviour. It is about displaying the rightattributes and attitudes across the service as a whole. In other wordsit’s about everybody having the integrity, self confidence,commitment and resolve to make a difference to people’s lives.Integrity is commonly defined as being honest and trustworthy, but itis more than that. Integrity is to do with being clear about what youand the service stand for and acting in accordance with those values.Self confidence is not just about assertiveness or acting withauthority. Genuine self confidence comes through having theknowledge, understanding and skills and by displaying the correctIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 68 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDattitudes and behaviour to do the job that others look to you to do.Professional pride is the reward for doing that job well.You do not show commitment by simply turning up to work.Leadership requires commitment to others. You can show commitmentfor example, to the community you police or to the section/departmentyou are assigned to. The result being that your community,section/department can immediately spot the difference betweensomeone who is actually committed to them compared to someone whojust says the words.Resolve, is having a single-minded focus, for instance how about zerotolerance for poor service and a commitment to communityengagement and reassurance. By adopting the above leadershipprinciples at the earliest opportunity and then maintaining themthroughout your career you will enhance public trust and confidence.Through the ethical interviewing of victims, witnesses and suspects,members of the community are fairly and properly treated and,therefore trust increases in the criminal justice system.Studies have indicated that improving an interviewer’s perceivedtrustworthiness encourages the interviewee to give a full and honestaccount. Establishing trust is important because interviewees mayfear the consequences of providing information. Interviewers shouldseek to establish a relationship based on trust in order to give theinterviewee the confidence needed to provide a full account.It has also been shown that people give more accurate informationwhen they have trust in the professional relationship. The interviewee,whether regarded as a witness, victim or suspect, has to be reassuredthat they can expect to be listened to and receive fair treatment.Building trust in the community will also help with crime prevention. Itwas said earlier that the community must be involved in crimeprevention if it is to be effective. Schemes like ‘Neighbourhood Watch’or ‘Home Watch’ and Crime Prevention Panels make people moreIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 69 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDsecurity conscious and aware of crime in their area.Residents are encouraged to help the police in preventing and detectingcrime by:• Improving the security of their own homes.• Watching out for suspicious incidents and reporting them to thepolice.• Targeting local problems, e.g. vandalism or graffiti, and devisingways of dealing with them.• Campaigning for improvements in local facilities, such aslighting, fencing etc.IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 70 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDSummary of Building Public Trust andConfidenceKnowledge Check 31. State the mnemonic PLAN.P ________________________________________L ________________________________________A ________________________________________N ________________________________________2. Which Act of Parliament specifies how an officer should recordand preserve material obtained in the course of a criminalinvestigation for the benefit of both the prosecution and defence?________________________________________________________________________________________________________________________________________________________________________________________3. Section 6 of the Human Rights Act 1998 states “It is unlawful fora public authority to act in a way which is incompatible with aConvention right” and places a legal obligation on publicauthorities by making it unlawful for them to act in a way whichis incompatible with certain Articles of the European Conventionon Human Rights. The term ‘legal obligation’ places on publicauthorities both positive and negative obligations. What does anegative obligation mean?________________________________________________________________________________________________________________________________________________________________________________________IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 71 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKED4. What does a positive obligation mean?__________________________________________________________________________________________________________________________________________5. Under Common Law, what degree of force may you use if youhave an honestly held belief that you, or another, are inimminent danger?________________________________________________________________________________________________________________________________________________________________________________________6. What does Section 3 of the Criminal Law Act 1967 state withregards to the amount of force that can be used?________________________________________________________________________________________________________________________________________________________________________________________You should check your answers for this and the previousknowledge checks before continuing.IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 72 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDRoles and ResponsibilitiesThe topics that you will be covering in this section are:• Upholding the law whilst working with the community and multiagencyenvironments.Upholding the LawReview the Statement of Mission and Values from the Origin of PoliceValues and Ethics section of these student notes. It reminds us of theaim of policing and how to uphold the law.No-one is above the law; indeed, as the enforcers of law, police officersmust be beyond reproach themselves. It is imperative that you workwithin the law and procedures at all times, using minimal force andYour behaviourmust reflect thevalues that theserviceadvocatesexercising self-control and tolerance. The law also gives protection tothose who refuse to obey an unlawful order.The commitment of the police service to its Statement of Mission andValues will only be demonstrated through the work of officers whobehave with integrity. This means that your behaviour must reflect thevalues that the service advocates and you must also support yourcolleagues’ attempts to do likewise.In addition to this, the service must be seen to discipline its ownmembers when necessary. There is a complaints procedure whichensures that anyone who feels that a member of the police service hasacted incorrectly will have their complaint properly investigated. Bearin mind that even seemingly minor offences, such as not signing yourdriving licence, are criminal offences. You might have to deal withpeople who commit such offences. It follows that you therefore shouldnot be open to criticism yourself.Multi Agency WorkingIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 73 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDPartnershipsbetweencommunitiesand localauthorities are avital aspects ofpolicingThe police are only one of the agencies with a remit to improve levelsof safety and reassurance. Partnerships between police forces andother bodies, particularly local authorities, and work with communitygroups are time consuming, but vital, aspects of policing. Because thepolice cannot do it all, multi-agency work needs to be strengthened.The police also need to make more use of supplementary support suchas that provided by special constables and PCSOs.Some of the benefits of multi-agency working are:• Clear and transparent communication mechanisms.• Better targeted resources.• More effective pooling of resources.• The translation of policies into action.• Up-front identification of needs and services to meet need of thecommunity.You will be looking in more detail about working with the communityand multi-agency working throughout your training.IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 74 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDKnowledge Check 41. One of the benefits of multi-agency working is clear andtransparent communication mechanisms. List another twobenefits.________________________________________________________________________________________________________________________________________________________________________________________You should check your answers for this and the previousknowledge checks before continuing.IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 75 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDKnowledge Check AnswersKnowledge check 1 answers1. What is Policing by Consent?Policing by consent requires the support of the public, which canbe developed only by learning about and trying to understandtheir problems. It involves dialogue about shared goals and arole of serving the community, not just enforcing the law.2. What is the name of the statement which sets out the aimof policing and the values which you should uphold as apolice officer?The Statement of Mission and Values for the Police Service3. List 10 key statutory and voluntary agencies orcommunity groups that the police partnership with.• Local Authority• National Park Authority• Civil Defence• Fire & Rescue Authority• Transport Authorities• Probation Service• Health Authorities• Citizens Advice Bureau• Victim Support Service• Women’s Aid• Road Peace• Neighbourhood watch4. Police forces throughout England and Wales have theirperformance assessed by her Majesty’s Inspectorate ofConstabulary (HMIC). What is their purpose?IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 76 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDThey are for ensuring police forces are performing in a particulararea and are conforming to Home Office recommendations.5. One of the provisions of the Standards of ProfessionalBehaviour is honesty and Integrity’. State 4 of theremaining 9 provisions.• Authority, Respect and Courtesy• Equality and Diversity• Use of Force• Orders and Instructions• Duties and Responsibilities• Confidentiality• Fitness for Duty• Discreditable conduct• Challenging and Reporting Improper Conduct6. Recommendation 49 of the Stephen Lawrence Inquiry wasthat all police officers and civilian staff should be trainedin racism awareness and valuing cultural diversity. List 5areas of organisational and personal responsibility thatlink to this recommendation.• First Aid• Racism awareness• Police discipline code• Stop and search• Recruitment and selection7. As a result of which inquiry did the HMIC recommend anational training curriculum be implemented for childprotection officers?• The Victoria Climbie Inquiry8. Which inquiry recommended that the police service makemore effort to recruit more officers from ethnicIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 77 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDminorities?• The Scarman Inquiry9. “Some of the key points of the Inquiry pointed outoperational implications for new and revised definitions ofracist issues and reporting and recording of racistincidents and crimes.” Which Inquiry does thisrecommendation refer to?• The Stephen Lawrence InquiryIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 78 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDKnowledge check 2 answers1. As an officer you have a common law duty of care. Whatexactly does this mean?There is no specific definition of duty of care, but what it meansthat you must consider the health and safety of your colleaguesand members of the public, especially those who are vulnerableand unable to help themselves.2. What is meant by the term ‘prejudice?’An unfair and unreasonable opinion or feeling, especially whenformed without enough thought or knowledge.3. What is meant by the term ‘discrimination?’To treat a person or particular group of people differently,especially in a worse way from the way in which you treat otherpeople, because of their skin colour, religion, sex, etc.4. What Article of the European Convention on Human Rightsprohibits discrimination and guarantees equal treatmentin the enjoyment of the other Convention rights?Article 14 related to the prohibition of discriminationIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 79 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDKnowledge check 3 answers1. State the mnemonic PLAN.P - proportionalityL - legalityA - accountabilityN - necessity2. Which Act of Parliament specifies how an officer shouldrecord and preserve material obtained in the course of acriminal investigation for the benefit of both theprosecution and the defence?The Criminal Procedure and Investigations Act 19963. Section 6 of the Human Rights Act 1998 states “It isunlawful for a public authority to act in a way which isincompatible with a Convention right” and places a legalobligation on public authorities by making it unlawful forthem to act in a way which is incompatible with certainArticles of the European Convention on Human Rights.The term ‘legal obligation’ places on public authoritiesboth positive and negative obligations. What does anegative obligation mean?A negative obligation requires a public authority to refrain frominterference with particular rights, for example, not to tortureand not to make an unjustified interference with private andfamily life.4. What does a positive obligation mean?A positive obligation requires a public authority to take action tosecure human rights. For example, it must protect the right tolife in certain well defined circumstances’IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 80 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKED5. Under Common Law, what degree of force may you use ifyou have an honestly held belief that you, or another, arein imminent danger?You may use such force as is reasonable and necessary to avertthat danger.6. What does the Criminal Law Act 1967 state with regardsto the amount of force that can be used?A person may use such force as is reasonable in thecircumstances in the prevention of crime, or in the effecting orassisting in the lawful arrest of offenders or suspected offendersor persons unlawfully at large.IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 81 of 82© College of Policing Limited 2013


Student NotesNOT PROTECTIVELY MARKEDKnowledge check 4 answers1. One of the benefits of Multi-agency working is clear andtransparent communication mechanisms. List anothertwo benefits.• Better targeted resources.• More effective pooling of resources.• The translation of policies into action.• Up-front identification of needs and services to meet need ofthe community.Check your progressYou should revisit any sections of these notes where you were unsureof the answer given.Summary of Origin of Police Values and EthicsAfter reading these notes you should have a good understanding of theexpectations society has of its police service and how you can ensurethat your behaviour contributes to a positive relationship between thepolice and the public thereby supporting Best Value.You should have a clear understanding of how critical it is for policeofficers to act fairly, professionally, and with honesty and integrity, andhow this contributes to the securing of public confidence in the police.You should also be aware of the implications of not acting fairly,professionally, honestly and with integrity and the negative impact thatthis can have on colleagues and the public.IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 82 of 82© College of Policing Limited 2013

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