Response to the Home Office consultation on modernising police powers

Report: 9
Date: 8 October 2004
By: Commissioner

Summary

The Home Office recently issued a consultation document, ‘Policing: Modernising Police Powers to Meet Community Needs’ proposing the reform of police powers better to position the Police Service respond to community expectations. This report sets out the proposed response of the Authority.

A. Recommendations

That Members agree the draft response to the Home Office, attached to this paper.

B. Supporting information

1 The government believe that ensuring the police are empowered to act effectively and proportionately is an essential element in tackling crime and disorder, and improving the quality of life in our neighbourhoods. As part of this, in August 2004, the Home Office published the consultation document Modernising Police Powers to Meet Community Needs. It outlines a range of areas that will affect how the police and others carry out their roles but the focus is on the police effectively addressing the issues that are of public concern. A particular strand is enhancing the link between the police and the community by raising both the ability of the police to tackle crime and by building the confidence and awareness of the community. Ensuring that the police have the powers to match the needs of the community lies at the heart of delivering that goal so the consultation paper sets out key areas of police powers that may need extending or which might benefit from clarification, simplification and modernisation. Responses are required by 8 October 2004.

2. The full Authority considered a preliminary digest of responses received by Members to the proposals at its meeting on 30 September. These responses were not discussed in any great detail and Members agreed that the final response to the Home Office should be deferred for agreement by COP. Many of the proposals are technical and detailed and Members are invited to agree that the response to these comes better from the Metropolitan Police Service. The MPS response will be circulated to Members when it becomes available next week.

3. The overall thrust of the proposals is to simplify the power of arrest, making it easier both for the police service and for communities to understand its use. The other proposals effectively extend a range of powers in development of the recent moves towards workforce modernisation.

4. A draft response to the proposals attached to this as Appendix 1. Members are invited to amend or agree the draft.

C. Race and equality impact

The draft response supports equality and diversity through the overarching principles by seeking to preserve the fundamental rights and liberties of individuals and requiring that those who exercise powers are properly trained, supervised and held to account for their actions. Around broadening powers of arrest, the commentary identifies and seeks to limit the dangers inherent in the variable interpretation and application of the powers. The draft response identifies similar problems with the wider application of stop and search powers which it also seeks to limit.

D. Financial implications

None.

E. Background papers

• Home Office paper

F. Contact details

Report author: Catherine Crawford

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Appendix 1: Policing: Modernising Police Powers to Meet Community Needs

The Metropolitan Police Authority Response to the Home Office Consultation Paper – August 2004

1. The Consultation Paper, Policing: Modernising Police Powers to Meet Community Needs invited comments by 8 October. This is the response of the Metropolitan Police Authority. The Authority is keen to extend the workforce modernising agenda, recognising that efficiency and effectiveness is enhanced by a more varied mix of skills and powers among those working for the police service and that as a result, the communities of London may be better served.

2. Many of the detailed proposals within the consultation paper however are technical and operational and the Authority is happy to endorse the response of the Metropolitan Police Service in these areas.

Overarching principles

3. In general the Authority would want to be confident that any legislation to extend or amend police powers should take account of the following principles:

• The case for new powers should be based on evidence which demonstrates a clear benefit
• In the case of new powers evidence should be available to the effect that their absence previously has hampered the fight against crime
• Any new powers sought should be proportionate to the intended benefit and be balanced against the importance of preserving fundamental rights and liberties.
• The exercise of police powers on members of the public inevitably involve interference with the liberty of an individual. For this reason their use must be subject to appropriate training and supervision of those who are so empowered.
• There must be clear accountability for the use of any police powers.

Section 2 Arrest – Concept of Seriousness

4. The need for simplicity and transparency in respect of powers of arrest must be balanced with the need for proportionality. The less prescriptive nature of the proposed new powers argue for an increase in the regime of monitoring to ensure that no abuses are taking place.

Section 4 Workforce Modernisation

5. The MPA has reservations about extending the powers of Police Community Support Officers (PCSO). Any non-attested officers exercising police powers must be held accountable, must be trained properly and should exercise the more serious of their powers under the direct supervision of a constable. While not opposing the principle of enabling legislation, which would allow authorities and forces to decide which powers to extend to PCSOs the Authority would not want, at this point, to move towards an increased enforcement role for PCSOs. The role of PCSOs in reassurance policing is not dependent on further powers and their capacity to link with communities could be deleteriously affected if they were seen to be more conspicuously “second order police officers”.

This reservation applies particularly to stop and search type powers. Stop and search remains a deeply controversial issue and to extend the use of such powers to persons less well trained than Constables would not be acceptable and may undermine the progress made since the Lawrence Inquiry.

Conclusion

The Authority looks forward to the outcome of the consultation. It will continue to play a key role in overseeing the extension of a range of powers within the workforce modernisation programme with in the MPS. As the police powers framework becomes more flexible and less prescriptive the role of a police authority becomes even more critical in ensuring that standards are properly monitored and maintained.

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