Ethics and values - Kent Police

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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
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