Ethics and Values: Ethics of Professional Policing

Transcription

1 Ethics and Values: Ethics of Professional Policing Version 2.01

2 - College of Policing Limited (the College) June 2014 All rights reserved. No part of this publication may be reproduced, modified, amended, stored in any retrieval system or transmitted, in any form or by any means, without the prior written permission of the College or its representative. The above restrictions do not apply to Home Office police forces who are licensed by the College to copy and use this material for policing purposes within the police service of England and Wales. Some restrictions apply and forces may not copy or use any part of this material for audiences other than Home Office police personnel, distribute to third party providers (including Higher Education or Further Education) or use for commercial purposes without obtaining written agreement, in the form of a licence extension, from the College. All enquiries about this product should be addressed to the Programme Management Unit on +44 (0) or programmemanagement@college.pnn.police.uk The College is committed to providing fair access to learning and development for all its learners and staff. To support this commitment, this document can be provided in alternative formats by contacting the Programme Management Unit on +44 (0) or programmemanagement@college.pnn.police.uk The College is committed to the promotion of equal opportunities. Every effort has been made throughout this text to avoid exclusionary language or stereotypical terms. Occasionally, to ensure clarity, it has been necessary to refer to an individual by gender. Page 2 of 53 Ethics of Professional Policing Version 2.01

3 Contents 1. Ethics of Professional Policing Policing By Consent Police and Crime Commissioners Statement of Mission and Values Police Constable Police Community Support Officers Conflict Between Organisational and Personal Ethics and Values The Human Rights Act Qualified Rights Absolute and Limited Rights Applying Human Rights Principles Exercising Powers Fairly and Without Bias Applying Principles of Reasonable Suspicion or Belief Discretion Performance, Conduct and Standards of Professional Behaviour Standards of Professional Behaviour Conduct Performance/Attendance Complaint Cases Independent Police Complaints Commission Revision Questions Key Legislation...53 Version 2.01 Ethics of Professional Policing Page 3 of 53

4 Authorised Professional Practice These notes are aimed at learners completing their Initial training to meet the learning outcomes specified on the National Policing Curriculum. The primary source of content is the Authorised Professional Practice (APP) and the supporting evidence based research of what works in policing. APP can be found at: Page 4 of 53 Ethics of Professional Policing Version 2.01

5 1. Ethics of Professional Policing In this module you will look at the ethics and values of the police service and how they should be applied fairly and without bias. You will look at the standards of professional behaviour expected of officers, the regulations surrounding your conduct and the role of the Independent Police Complaints Commission. You will also explore the term discretion and the options available to you before applying police powers, and briefly how the National Decision Model applies to everything you do (although there is deeper learning on the subject of this model elsewhere). 1.1 Policing By Consent Policing by consent requires the support of the public, which can be developed only by learning about and trying to understand the matters causing them concern. For consent to be sustained the public need to have confidence in us and the service we provide to them. The British police service has traditionally worked with the open support of the public - policing by consent - which involves dialogue about shared goals and a role of serving the community, not just enforcing the law. In return, the police rely upon the active co-operation of the public to be effective. An example of a police function that requires public assistance is the reporting of crime and other breaches of the law. Another example is the giving of information, particularly as a witness or victim when giving a statement. This type of support from the public is vital to the detection of crime. Anything that threatens this much valued tradition of policing by consent is a cause for concern. Assigning named officers to patrol a neighbourhood means that they get to know, and become known in, their local areas. They become a focal point for gathering intelligence about local problems and criminals. A survey of the public suggests that this approach can improve overall satisfaction with policing and reinforce the tradition of policing by consent. Version 2.01 Ethics of Professional Policing Page 5 of 53

6 1.2 Police and Crime Commissioners Police and Crime Commissioners (PCCs) are elected by the public and are responsible for ensuring efficient and effective policing in England and Wales. They are the frontline of the Government s crime and policing reforms and are part of a programme of work to decentralise control and put the public in the driving seat. PCCs work with the public, police and local partners to ensure effective policing, as well as contributing to national requirements. The table below summarises the role of PCCs Setting the strategic direction and accountability for policing Being accountable to the electorate Setting strategic policing priorities Holding the force to account through the Chief Constable, and consulting and involving the public Working with partners to prevent and tackle crime and re-offending Ensuring the police respond effectively to public concerns and threats to public safety Promoting and enabling joined up working on community safety and criminal raised justice Increasing public confidence on how crime is cut and policing is delivered Invoking the voice of the public, the vulnerable and victims Ensuring that public priorities are acted upon, victims are consulted and the most vulnerable are not overlooked Complying with the General Equality Duty under the Equality Act 2012 Page 6 of 53 Ethics of Professional Policing Version 2.01

7 Contributing to resourcing of policing response to regional and national threats Ensuring an effective policing contribution alongside other partners to national arrangements to protect the public from other cross boundary threats in line with the Strategic Policing Requirement Ensuring value for money Responsible for the distribution of policing grants from central government and setting the precept raised through council tax Responsible for setting the budget, including the police precept component of council tax, and deciding how it should be spent Commissioning services from partners that will contribute to cutting crime As well as PCCs having a responsibility to ensure value for money; under Section 35 of the Police Reform and Social Responsibility Act 2011, Chief Officers must also ensure that they obtain value for money and the people under their direction and control also obtain value for money in exercising their functions, i.e. all police officers and police staff. So, as prescribed by law we must all seek to obtain value for money. N.B. For the Metropolitan Police, the Common Council remains the Police Authority for the City of London. 1.3 Statement of Mission and Values The Statement of Mission and Values sets out the aim for policing and communicates the ethics and values which police officers should uphold when working towards this aim. It was approved by the Association of Chief Police Officers (ACPO) in 2011 after extensive consultation with Version 2.01 Ethics of Professional Policing Page 7 of 53

8 colleagues such as the Police Federation and Superintendents Association. You should use this statement as an integral guide to all of your ethics and values as an officer: The mission of the police is to make communities safer by upholding the law fairly and firmly; preventing crime and antisocial behaviour; keeping the peace; protecting and reassuring communities; investigating crime and bringing offenders to justice. We will act with integrity, compassion, courtesy and patience, showing neither fear nor favour in what we do. We will be sensitive to the needs and dignity of victims and demonstrate respect for the human rights of all. We will use discretion, professional judgement and common sense to guide us and will be accountable for our decisions and actions. We will respond to well-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 and meet 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 successful outcomes and to reduce the risk of harm to individuals and communities. In the face of violence we will be professional, calm and restrained and will apply 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 be proud of and which keeps our communities safe. The Statement of Mission and Values is central to the National Decision Model (NDM) and this model is one that you should use to assist all your decision making as an officer. You will learn how to apply it in detail elsewhere in your learning but a quick overview at this stage will be Page 8 of 53 Ethics of Professional Policing Version 2.01

9 useful. (There is also an e-learning module on the topic that can be accessed via the NCALT MLE.) Apart from those things over which we have little or no control, like breathing, our life depends on a series of decisions whether they are trivial - like which sock to put on first - or more complex, like how to respond professionally to a police incident. Briefly, the background and key drivers to the NDM are that the ACPO Ethics Portfolio and the National Risk Co-ordination Group developed it as a values-based tool to provide a simple, logical and evidence-based approach to making police decisions. These are often complex, made in difficult circumstances and are open to challenge, and it was felt that the process needed improving. It was expected that the NDM would improve professionalism, enhance discretion and reduce risk-aversion - all in accordance with our central values. You may have already picked up on the fact that we re not just dealing with decisions here - we re also talking about risk management. Policing is a risky business and it s been said that the police service has been riskaverse, to the detriment of the public and the service itself. Expressed as a diagram, the model looks like this: Version 2.01 Ethics of Professional Policing Page 9 of 53

10 A useful mnemonic to help you remember the key aspects is: V = Values I = Information/intelligence A = Assessment P = Powers/policy O = Options A = Action R = Review You ll notice that the pentagonal core concerns values; professionalism; the client and their needs; our mission to do our best at all times, and Page 10 of 53 Ethics of Professional Policing Version 2.01

11 human rights. Surrounding the central theme are the various sequential stages or elements that define how we should operate, always bearing in mind that each bubble is linked, not only to each other but to the centre, and that it s possible to back-track and start again depending on what, if any, new information comes to light during the life of an incident. As you will know by now, perhaps the key word that underpins policing is professionalism. Both the courts and your supervisors (and you, during your sessions of reflective practice) will be more forgiving if you can show that you were acting professionally in the circumstances pertaining at the relevant time. During fast-moving, dynamic incidents, where there is more than one time, the model still applies. 1.4 Police Constable The prime functions of a police constable are to uphold the law fairly and firmly. By upholding the Statement of Mission and Values you will also be fulfilling an officer s duty of care to the community. Here are some practical policing examples of what duty of care might include: take reasonable steps to protect, assist and support key witnesses to a serious crime of violence take reasonable steps to ensure that officers act in an ethical manner and are not open to bribery or corruption take reasonable steps to investigate the crime with diligence. There are numerous Acts of Parliament that are relevant to an officer s duty of care to the community; for example the police service has a duty of care in relation to information and the way that it is stored, who it is revealed to and the manner to which it is put. What is important to know at the moment is that your duty of care extends across a wide range of policing areas, most of which will have a relevant Act of Parliament underpinning that duty of care. Another example includes; the Police and Criminal Evidence Act 1984, which, Version 2.01 Ethics of Professional Policing Page 11 of 53

12 amongst other areas, sets out codes of practice on how people in custody should be treated. 1.5 Police Community Support Officers Police Community Support Officers (PCSOs) are members of police staff who are employed, directed and managed by their police force. They will work to complement and support regular police officers, providing a visible and accessible uniformed presence to improve the quality of life in the community and offer greater public reassurance. PCSOs have powers, designated by their Chief Constable, which can be used within their policing area. 1.6 Conflict Between Organisational and Personal Ethics and Values As a member of the police service you may encounter situations that will cause conflict between your personal values/ethics and those of the organisation. You will come across situations in work and day to day life that cause you to make difficult decisions because of your role as an officer. Example You become aware that your mother has been driving her car for the last three months without any road tax and says that she doesn t intend to re-new it yet as she cannot afford it at the moment. You know that someone on the sex offenders register will be moving in next door to you. You have a young daughter and feel that you want to say something to your partner. You are at a party with some friends who are smoking cannabis and you see the person that they are buying it from, what do you do? These are all situations that you could come across in your day to day life as an officer. Page 12 of 53 Ethics of Professional Policing Version 2.01

13 You will no doubt also come across situations when you are on duty that you find difficult to deal with. Your personal circumstances, together with your beliefs, may impact how you feel about situations you come across, however all suspects should be treated fairly and without bias, no matter how you feel personally. It is vital that when deciding what to do you should remind yourself of the Statement of Mission and Values. The National Decision Model will also assist you in making ethical decisions that are in line with legislation, policy and guidance. 1.7 The Human Rights Act 1998 Although police officers and PCSOs remain members of a public authority whilst on and off duty, only acts done in the course of their employment will class as being an act of a public authority. However, both police officers and PCSOs do at all times remain a professional witness and therefore any action that they may take whilst off duty should always be carried out with due regard to the Human Rights Act The European Convention on Human Rights (ECHR) is a treaty agreed by governments. The Convention s provisions protect civil liberties from unjustified interference by the state. They impose duties on the state to take positive measures to protect rights. The purpose of the Human Rights Act 1998 is to incorporate most of the rights and freedoms set out in the Convention into domestic existing legislation. All our legislation must be compatible with the Convention and domestic courts are obliged to read and interpret legislation in a way which is compatible with Convention rights. Section 6 of the Human Rights Act 1998 states it is unlawful for public authorities to act in a way which is incompatible with Convention rights. The Human Rights Act 1998 sets out different types of rights. These rights are complicated and not clear cut. The information has been summarised for you below to assist you. It will be helpful for you to understand these rights, the differences between them and how these impact on your powers. Version 2.01 Ethics of Professional Policing Page 13 of 53

14 1.8 Qualified Rights Qualified rights can be subject to lawful interference by public authorities in certain circumstances, usually where a balance is required between the rights of the individual and the interests of the public in general. These rights are usually structured in two parts; the first part setting out the right itself and the second part providing the grounds under which public authorities can legitimately interfere with it. Listed below are the qualified rights: Article Number Article Title 8 Right to respect for private and family life. Everyone has the right to their respect for their private and family life, their home and their correspondence. 9 Freedom of thought, conscience and religion. Everyone has the right to freedom of thought, conscience and religion. This right includes the freedom to manifest their religion or belief in worship, teaching, practice or observance. The right to hold and change beliefs is considered to be and absolute right. 10 Freedom of expression. Everyone has the right to the freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference from a public authority. 11 Freedom of assembly and association. Everyone has the right to freedom of peaceful assembly and to freedom of association with others including the right to form and join trade unions for the protection of his interests. Interference with a qualified right by public authorities (which include police officers and PCSOs) can only be justified if the interference is Page 14 of 53 Ethics of Professional Policing Version 2.01

15 prescribed by or in accordance with domestic law, proportionate and is necessary in a democratic society in pursuit of one or more legitimate aims specified in the relevant Article. The particular legitimate aims vary across different Convention rights so it is important to examine the text of the relevant Article. Example: If it was felt necessary to tap a known drug dealer s telephone, therefore interfering with their right to respect for private and family life (Article 8), this could only be done if: there was a law that provided the power and it was necessary in a democratic society for one of the interests prescribed in Article 8. In this example, there is a law that provides the power (Regulation of Investigatory Powers Act 2000); the interest would be to prevent crime for which it was necessary to gain sufficient evidence. 1.9 Absolute and Limited Rights Absolute rights cannot be derogated from, restricted or balanced against any public interest. However, some of these rights are subject to tightly defined limits and are known as limited rights. The following list covers absolute and limited rights: Article Number Article Title 2 The right to life. Everyone s right to life shall be protected by law. This is an absolute right; however there are some exceptions, where death results from the use of force which is no more than absolutely necessary. This is when: Version 2.01 Ethics of Professional Policing Page 15 of 53

16 in defence of any person from unlawful violence in order to effect a lawful arrest or to prevent escape of a person lawfully detained in action lawfully taken for the purpose of quelling a riot or insurrection. 3 Prohibition of torture. No one shall be subjected to torture or to inhuman or degrading treatment or punishment. This is an absolute right and cannot be interfered with. 4 Prohibition of slavery and forced labour. No one should be held in slavery or servitude. No one shall be required to perform forced or compulsory labour. This is an absolute right; however a number of exceptions to what is considered forced or compulsory labour are listed in paragraph 3 of the Article. 5 Right to liberty and security. Everyone has the right to liberty and security of person. This is a limited right, as there are a number of exceptions set out in Article 5(1) allowing for some interference with the right. These include the lawful arrest or detention of a person for the purpose of bringing them before a competent legal authority on a reasonable suspicion of having committed an offence 6 Right to a fair trial. Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. The right to a fair trial can in theory be derogated from and is therefore often considered to be a limited right, however derogation would be difficult to justify and would therefore be unlikely to happen. Page 16 of 53 Ethics of Professional Policing Version 2.01

17 7 No punishment without law. No one shall be held guilty of an offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. This is a limited right. Article 14 of the convention - prohibition of discrimination. The enjoyment of the rights and freedoms in the Convention shall be secured with discrimination on any grounds. It states that there should be no discrimination on grounds 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 Applying Human Rights Principles As already discussed, qualified rights can be interfered with by a public authority, but only under the circumstances described within the rights themselves. This has led to the development of three principles of legality, necessity and proportionality plus the issue of accountability for a public authority (police). Legality The first question you need to ask when engaging a right containing one of these clauses is Is the interference or restriction prescribed by law or in accordance with the law? Decisions by the European Court on Human Rights have consistently shown that any authority for infringement must have a basis in domestic law which is: identified and established accessible by being written down and available, and clear enough so that its consequences can be foreseen. Version 2.01 Ethics of Professional Policing Page 17 of 53

18 Complaints about rights being interfered with may be based on the argument that the terms of domestic law are too vague to know what actions constitute a breach. If the domestic law is clearly laid down, as is the case with most primary legislation, any such complaint is likely to fail. Each case is decided on its merits, the general rule being that absolute certainty is not required; reasonable certainty is enough. Necessity or Relevance Articles 8-11(Qualified Rights) require that any interference must be necessary in a democratic society. The usual approach to deciding if an interference is necessary in a democratic society is to apply a three-fold test: is there a pressing social need for the state to infringe the Convention right? is the interference proportionate to the legitimate aim pursued? are the reasons given by the state for the interference relevant and sufficient? Example: Here are a couple of examples that will explain this for you: 1. Every year during the summer solstice public disorder occurs around Stonehenge. A ban under the Public Order Act 1986 on all assemblies within four miles of Stonehenge for four days over this period was imposed. This is an infringement of assembly and association (Article 11). This is legitimate because it is for the prevention of disorder and possibly in the interests of public safety. 2. A person being prevented by an injunction from displaying posters on his garden fence alleging that the murder of millions of Jews in the Second World War was a Zionist lie. Page 18 of 53 Ethics of Professional Policing Version 2.01

19 This is an infringement of the freedom of expression (Article 10). This is legitimate as it is for the protection of the reputation or rights of others. Proportionality As we have seen with the principle of legality, proportionality applies not only to Qualified rights; it applies to any Convention right where a restriction is allowed. So far we have seen that any permissible restrictions on Convention rights must have a basis in law and in the case of a Qualified right can only be for one of the legitimate aims set out in the Article itself. When a situation arises where a public authority finds it necessary to interfere with a person s Convention rights, there is always a range of actions that can be taken, ranging from minimal to extreme. Of the options available any restriction must be proportionate to the lawful aim being pursued. Another way of explaining the principle involved is to ask, Would the action be using a sledgehammer to crack a nut? or Is there a less restrictive alternative? This is the principle of proportionality. This means that even though there may be a power to make an immediate arrest, this may not be proportionate to the threat or problem which is to be prevented. Simple verbal advice may be all that is necessary if it achieves the aim required of stopping the behaviour. By means of the principle of proportionality, the Convention is seeking to achieve a fair balance between the conflicting rights of the community 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 achieve the objective Version 2.01 Ethics of Professional Policing Page 19 of 53

20 the severity of the effect of the restriction does not outweigh the benefit to the community that is being sought by the restriction. Accountability In reality the European court looks at the three principles of legality, necessity and proportionality in the following order: is the measure lawful (in other words permitted by clear and accessible law)? 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 was nondiscriminatory. These principles are nothing new for the police service as best practice in policing has always been to follow the same process asking the questions: 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, i.e. being accountable, options considered and reasons for decisions will further provide protection from claims that Convention rights have been unjustifiably interfered with. The mnemonic below will help you remember the principles of proportionality, legality, accountability and necessity. PLAN your actions! P - proportionality L - legality A - accountability N - necessity Page 20 of 53 Ethics of Professional Policing Version 2.01

21 Positive/Negative obligation This principle stems from the legal obligation upon public authorities to act compatibly with the Convention in Section 6 of the Human Rights Act The term legal obligation includes both a negative obligation and a positive obligation. A negative obligation requires a public authority to refrain from interference with particular rights, for example, not to torture and not to make an unjustified interference with private and family life. A positive obligation requires a public authority to take action to secure human rights. For example, it must protect the right to life and guarantee rights between individuals. Below is a case that illustrated this point: Example: Osman v UK (2000) 29 EHRR 245. This case involved an argument that the police failed to take adequate steps to prevent a teacher, who was infatuated with an individual, attacking him and killing his father. Although the court found no breach of Article 2 (Right to life) or Article 8 (Right to Respect for Private and Family Life) it established some important principles: The state s obligation extends beyond law provisions and law enforcement. The state, under well-defined circumstances, has a positive obligation to take preventative measures to protect an individual who is at risk from the criminal activities of others. The obligation must not be interpreted so that it places a disproportionate burden on the authorities. It must be shown that the authorities did all that could be reasonably expected of them to avoid a real and immediate risk to the life of an identified individual which they knew about or ought to have known about. Version 2.01 Ethics of Professional Policing Page 21 of 53

22 1.11 Exercising Powers Fairly and Without Bias You have powers to search a person, you can tell them they may be prosecuted and you can enter premises to search them. In addition, you will take a person s liberty through arrest or detention. You may, given the authority, carry a baton and CS spray and you have the potential to mobilise large numbers of other officers in response to events. Armed officers have the power to carry potentially lethal weapons. You will be attending incidents and making decisions in relation to these powers. This can have massive impact on people s lives. It is essential that you use your powers fairly and without bias. If you are biased, personal values and beliefs can influence your decisions and actions. By acting in an unbiased way, you will increase the effectiveness of the police service and assist in preventing discrimination towards individuals and the public. Acting in an unbiased way will also ensure that you have credible explanations for using police powers. Available Powers Note: The powers and procedures listed below may not be available to Police Community Support Officers (PCSOs). As a police officer you have various powers, some are statutory powers that are given in law, such as the power to stop and search individuals in given circumstances. Other powers are non-statutory and are common law, such as the power to arrest for breach of the peace. You will learn more about the powers you have throughout your training, but it is important to remember that all your powers should be exercised fairly and without bias. As outlined above, police have powers that are permitted by law and are primarily stated in legislation. For example, powers such as: searching a detained person audio-recording of interviews Page 22 of 53 Ethics of Professional Policing Version 2.01

23 visual recording of interviews fingerprinting power to re-take samples testing of persons at police stations for Class A drugs retention/destruction of fingerprints and samples photographing of suspects. The person/people involved, must be informed about what is happening at the time of the powers being used. You need to explain the use of powers in the following circumstances: at the time of arrest when conducting a search when reporting for summons. So for example, when you are using your power to detain someone for the purpose of a search, you must: tell the person that they are being detained for the purpose of a search describe the reasonable grounds and the object/purpose of the search. Example: Several packs of bacon were stolen from the supermarket at the other end of this road a few minutes ago. I have stopped you as you match the description given by staff at the store and you were running in this direction from the store. My name is PC Brown and I am attached to Sandford Police Station. I am going to search you under Section 1 of the Police and Criminal Evidence Act 1984 and you are entitled to a copy of a record of the search. I am detaining you to search for packs of bacon. Version 2.01 Ethics of Professional Policing Page 23 of 53

24 The objective facts are as follows: the proximity/location of the person the direction and mode of travel the short amount of time since the crime occurred the matching description of the person and their clothing. Oppression As well as treating people fairly and without bias, you must also ensure that your actions are not oppressive, during interviews. Section 76 of the Police and Criminal Evidence Act 1984 says that oppression include; torture, inhuman or degrading treatment, and the use or threat of violence (whether or not amounting to torture). This means, for example, that you cannot threaten people with violence in order to get a confession out of them Applying Principles of Reasonable Suspicion or Belief Reasonable grounds for suspicion or belief should be examined by an officer before any power is used. The legal terms of suspicion and belief have different meanings. Where reasonable grounds for suspicion are required it must relate to the particular circumstance in question and arise because of some fact or feature relevant to that event. The concept of reasonable grounds for suspicion means a fairly strong suspicion based on facts that would be apparent to an objective third person. Think back to the example of stopping and searching the individual for bacon stolen from a shop. That was based on reasonable suspicion. Reasonably believes must be more substantial than mere suspicion. In the example about bacon being stolen from the shop, you would have reasonable grounds to believe if the description of the individual has Page 24 of 53 Ethics of Professional Policing Version 2.01

25 something very unique, such as they had a diagonal scar across their right cheek. Code A of the Codes of Practice to the Police and Criminal Evidence Act 1984 (PACE) provides a basis for the meaning of reasonable grounds for suspicion and grounds in relation to stop and search. (However, additional case law will also have a bearing on how reasonable grounds for suspicion are formed within a case.) Code A - paragraph 2.2 states: Reasonable grounds for suspicion depend on the circumstances in each case. There must be an objective basis for that suspicion based on facts, information, and/or intelligence which are relevant to the likelihood of finding an article of a certain kind. This means that you can only search a person when you have enough objective facts to give you reasonable suspicion that you are likely to find certain articles. Code A, paragraph 2.2 also tells us about what cannot be accepted as reasonable suspicion. It states that: Unless the police have a description of a suspect, a person s physical appearance including any of the protected characteristics set out in the Equality Act 2010, or the fact that the person is known to have a previous conviction, cannot be used alone or in combination with each other, or in combination with any other factor, as the reason for searching that person. Reasonable suspicion cannot be based on generalisations or stereotypical images of certain groups or categories of people as more likely to be involved in criminal activity. This means that you cannot search someone purely on how they look or on a hunch. Paragraph 2.5 Code A also says that: Version 2.01 Ethics of Professional Policing Page 25 of 53

26 Searches are more likely to be effective, legitimate, and secure public confidence when reasonable suspicion is based on a range of factors. The overall use of these powers is more likely to be effective when up to date and accurate intelligence or information is communicated to officers and they are well-informed about local crime patterns. The following examples may give reasonable grounds to suspect : the nature of the article suspected of being carried the time and place where the person or vehicle is the behaviour of the person or those with him or her that the suspicion is linked to accurate and current information. Code A of the Codes of Practice clearly sets out the requirement for objectively based grounds to justify a search. This mnemonic is designed to assist you in thinking through the process of reasonable grounds. It should help you in deciding whether you have reasonable grounds to exercise police powers and procedures. Seen Heard Actions Conversation Knowledge What have you seen, including actions/behaviour? What have you heard, conversation, alarms, breaking glass etc? Including what you did, what the person did in response and so on. Did their actions increase or decrease your grounds to search? What did you say to them? What did they say to you? Did their reply increase or decrease your grounds to search? What is already known about the individual in terms of intelligence rather than previous convictions? What is the Page 26 of 53 Ethics of Professional Policing Version 2.01

27 time/location? Is the area a crime hot spot? Has the person been seen or pointed out by a witness? Smell Any smells that might give rise to the suspicion that drugs may be present? If your use of powers was brought into question, it would be for a court to decide if your actions were reasonable, when taking into account all of the facts. The validity of information must be considered before reasonable grounds for suspicion or belief can be based upon it. Information must be properly evaluated and its provenance (the source where it came from) assessed. The emphasis is on integrity in the use of intelligence and ensuring that reasonable suspicion or belief is based on accurate information. You will learn a system known as the 5x5x5 to submit and evaluate information/intelligence. Example: If you see a prolific offender in your area driving a different vehicle you would submit this information to be evaluated by the 5x5x5 system. The information you would submit would look something like this: Julian Waters was seen driving a blue Ford Focus Registration MP07LOJ down Church Street at 13:20 on xx/xx/xx date. This would help build a picture of what vehicles this offender has access to. You will also be able to check the validity of information via the Police National Computer (PNC). It holds a vast amount of information, but mainly you will be using it to find out information on people and vehicles. As an officer you are entitled to use the PNC for authorised policing purposes only. Misuse of the system could cost you your job and lead to Version 2.01 Ethics of Professional Policing Page 27 of 53

28 prosecution and a criminal record. You will learn more about the PNC throughout your training Discretion Police officers have wide powers available, but there will be times when it may not be necessary to use those powers. It will be a case of using your discretion. Discretion can be understood as: freedom of judgement and action authority to decide and choose selecting the best course of action, having recognised and considered all of the alternatives. Although not a statutory right, the proper use of discretion is recognised as a skill you will need to use. It is not your duty to indiscriminately prosecute every person who commits an offence. Imagine the public outcry and attitude towards the police if every breach of the law, no matter how small or insignificant, were to be prosecuted. Discretion v Duty By using discretion you will sometimes be making a decision not to act in circumstances where it may seem that your duty as an officer requires you to act. Failure to act could be interpreted as favouring or discriminating against certain individuals or groups which can lead to accusations of neglect of duty, harassment or corruption. The decision you make therefore must be based on an objective consideration of the factors surrounding an event. If called upon, you should be able to explain your actions to another person who, although not necessarily agreeing with your use of discretion, will be able to appreciate the grounds for your decision. Using the National Decision Model (NDM) will help you when deciding on the most appropriate course of action. Page 28 of 53 Ethics of Professional Policing Version 2.01

29 Points to consider in the use of discretion The following points are not comprehensive, but indicate the range of factors which may influence decisions. They should be considered in relation to each other rather than in isolation. Consideration With whom am I dealing? Point to consider How many people are involved? What is their attitude to the incident? What is the physical state of the person? Is the person experiencing mental ill health? Is age a factor? Are they having difficulty in communicating? Might their behaviour be a result of their culture or faith? What are the possible outcomes? Risk of injury to others or myself? Harm to police/public relations by seemingly excessive enforcement? Will inaction be viewed as the soft option and the person being let off? When did the incident occur? Is the day of significance? (e.g. market day, a festival or bank holiday) What time of day? (e.g. rush hour, during school hours, at night) Is it wiser to act now or delay until a more appropriate time? Version 2.01 Ethics of Professional Policing Page 29 of 53

30 Is the incident taking place? In a private or public place? Are members of the public likely to witness the event? Why I should or should not act? What else do I know about the individuals, the locations or the incidents? What are my force objectives? Is there any specific force policy for the circumstances? What course of action could I take? Do nothing Verbal advice Formal warning Vehicle defect rectification scheme (VDRS) Fixed penalty notice (FPN) Penalty notice for disorder (PND) Prosecute Discretion at the police station When an arrested person is taken to a police station, a supervising officer may still exercise discretion. This may result in a person being cautioned, issued with a penalty notice for disorder or diverted away from the criminal justice system and into the care of health or social services. This could be particularly relevant for juveniles, elderly people, people experiencing mental ill health and people who have learning disabilities. The people involved in the situation Arrogance, resentment or hostility are not in themselves justification for not using discretion. A warning may still be the best way of dealing with a minor offence, even if the person is hostile or arrogant. Their attitude is irrelevant if warning is the best method of dealing with the circumstances. Page 30 of 53 Ethics of Professional Policing Version 2.01

31 It is important to consider how your actions may look to a bystander and the effects on the community of persistently using disproportionate powers. You will need fine judgement and discretion to use your skills to prevent crime without losing the support of the community. All citizens have a duty to help officers to prevent crime and discover offenders. This is a civic rather than a legal duty. Harm can be done to police/public relations by seemingly excessive enforcement. As a result, this can have a negative effect on the flow of information about crime from the community to the police Performance, Conduct and Standards of Professional Behaviour The content in this section does not necessarily apply to PCSOs as they are not governed by The Police (Conduct) Regulations 2012 or The Police (Performance) Regulations It is left to the discretion of the Chief Officer of each force to determine whether or not the standards and disciplinary procedures should be adopted by PCSOs. On that basis we suggest that PCSOs will find having general knowledge of the subject area useful. We further recommend that, after reading these notes, you do the e- learning package Performance, Conduct and Standards of Professional Behaviour for Non-Managers available on the MLE via NCALT which will assist in putting the whole topic into context for you Standards of Professional Behaviour The Police (Conduct) Regulations 2012 outline the Standards of Professional Behaviour for police officers and special constables. They reflect the expectations that the police service and the public have of how police officers should act whether on or off duty. A breach of the principles in the standards may result in action being taken against an officer by the organisation. Version 2.01 Ethics of Professional Policing Page 31 of 53

32 The following table summarises the ten Standards of Professional Behaviour: Standard 1 - Honesty and Integrity Police officers are honest, act with integrity and do not compromise or abuse their position. Explanation Police officers act with integrity and are open and truthful in their dealings with the public and their colleagues so that confidence in the police service is secured and maintained. Police officers do not knowingly make any false, misleading or inaccurate oral or written statements or entries in any record or document kept or made in connection with any police activity. Police officers never accept any gift or gratuity that could compromise their impartiality. During the course of their duties police officers may be offered hospitality (e.g. refreshments) and this may be acceptable as part of their role. However, police officers always consider carefully the motivation of the person offering a gift or gratuity of any type and the risk of becoming improperly beholden to a person or organisation. Police officers never use their position or warrant card to gain an unauthorised advantage (financial or otherwise) that could give rise to the impression that the police officer is abusing his or her position. A warrant card is only to confirm identity or to express authority. Page 32 of 53 Ethics of Professional Policing Version 2.01

33 Standard 2 - Authority, respect and courtesy Police officers act with selfcontrol and tolerance, treating members of the public and colleagues with respect and courtesy. Police officers do not abuse their powers or authority, and they respect the rights of all individuals. Explanation In exercising their duties, police officers never abuse their authority or the powers entrusted to them. Police officers are well placed to protect individuals and groups within society. They have been given important powers and responsibilities due to the complex and difficult situations they deal with. The public have the right to expect that such powers are used professionally, impartially and with integrity, irrespective of an individual s status. Police officers do not harass or bully colleagues or members of the public. Challenging conduct or unsatisfactory performance or attendance in an appropriate manner would not constitute bullying. Police officers do not under any circumstances inflict, instigate or tolerate any act of inhuman or degrading treatment (as enshrined in Article 3 of the European Convention on Human Rights). Police officers recognise that some individuals who come into contact with the police such as victims, witnesses or suspects, may be vulnerable and therefore may require additional support and assistance. Police officers use appropriate language and behaviour in their dealings with their Version 2.01 Ethics of Professional Policing Page 33 of 53

34 Standard Explanation colleagues and the public. They do not use any language or behave in a way that is offensive or is likely to cause offence. Like all professionals, police officers have special knowledge and experience that many others do not possess (for example what may or may not constitute an offence). Police officers do not take unfair advantage of the inequality that arises from a member of the public being illequipped to make an informed judgement about a matter in respect of which he or she does not have such special knowledge. 3 - Equality and Diversity Police officers act with fairness and impartiality. They do not discriminate unlawfully or unfairly. Police officers carry out their duties with fairness and impartiality and in accordance with current equality legislation. In protecting others human rights, they act in accordance with Article 14 of the European Convention on Human Rights. Article 14 prohibits discrimination with regard to the enjoyment of the rights and freedoms under the ECHR. Police officers need to retain the confidence of all communities and therefore respect all individuals and their traditions, beliefs and lifestyles provided that such are compatible with the rule of law. In particular, police officers do not discriminate unlawfully or unfairly when exercising any of their duties, discretion or authority. Page 34 of 53 Ethics of Professional Policing Version 2.01

35 Standard Explanation Police officers pay due regard to the need to eliminate unlawful discrimination and promote equality of opportunity and good relations between persons of different groups. Police managers have a particular responsibility to support the promotion of equality and by their actions to set a positive example. Different treatment of individuals which has an objective justification may not amount to discrimination. 4 - Use of force Police 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 in carrying out their duties, for example to effect an arrest or prevent harm to others. It is for the police officer to justify the use of force but, when assessing whether this was necessary, proportionate and reasonable, all the circumstances should be taken into account and especially the situation which the police officer faced at the time. Police officers use force only if other means are or may be ineffective in achieving the intended result. As far as it is reasonable in the circumstances police officers act in accordance with their training in the use of force to decide what force may be necessary, proportionate and reasonable. Version 2.01 Ethics of Professional Policing Page 35 of 53