NCJ Number
19757
Journal
Police Journal Volume: 48 Issue: 1 Dated: (JANUARY-MARCH 1975) Pages: 55-62
Date Published
1975
Length
8 pages
Annotation
HISTORICAL DEVELOPMENT AND PRESENT STATUS OF THE LEGAL POWERS OF A BRITISH POLICE OFFICER.
Abstract
THE MODERN OFFICE OF CONSTABLE IS A COMMON LAW OFFICE, AT LEAT 800 YEARS OLD, INHERENT IN WHICH ARE INDEPENDENT POWERS DELEGATED BY NO ONE, BUT ORIGINAL AND DERIVED FROM HIS CONSTITUTIONAL STATUS AS AN AGENT OF THE CROWN. POLICE FORCES, ON THE OTHER HAND, ARE NOT COMMON LAW INSTITUTIONS, BUT PRODUCTS OF STATUTE. THE STATUTORY FRAMEWORK ON WHICH THESE FORCES ARE BUILT HAS THE EFFECT OF LIMITING THE AUTONOMY AND DISCRETION OF THE INDIVIDUAL CONSTABLES WITHIN THE FORCES, AND THEIR INDEPENDENCE IS TO SOME EXTENT TRANSFERRED TO THE CHIEF OFFICER BY VIRTUE OF THE POLICE ACT, 1964. IN TURN, THE CHIEF OFFICER DELEGATES PART OF HIS COLLECTIVE INDEPENDENCE TO SENIOR OFFICERS FOR THE PURPOSE OF MAKING MANAGERIAL DECISIONS, E.G., TO PROSECUTE OR CAUTION, ETC. THEREFORE WHEN A SENIOR OFFICER DECIDES NOT TO PROSECUTE, THAT IS PRIMA FACIE A DECISION OF THE CHIEF OFFICER UNITL REVOKED BY HIM. SHOULD A CONFLICT OF VIEWS ARISE BETWEEN A SUBORDINATE OFFICER AND A SENIOR OFFICER, REGARDING THE LATTER'S DECISION TO ADOPT A PARTICULAR POLICY OR COURSE OF ACTION REGARDING PROSECUTION, THEN IN THEORY THE CHIEF OFFICER IS THE ONLY PERSON CAPABLE OF RESOLVING THE MATTER, FOR THE DISCRETIONARY POWER NOT TO PROSECUTE IS VESTED IN HIM. (AUTHOR ABSTRACT)