THE MALET STREET GAZETTE
EST. 1998
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EST. 1998 |
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1858-2008 University of London External Programme 150th Birthday Events
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" ISBN: 1-85941-836-8 Price £25.00 Cavendish Publishing Limited POLICING ON THE CHEAP By Phillip Taylor, Barrister Desk Editor, ‘The Malet Street Gazette’ Whenever one tries to think of new titles for a legal publication along comes just the right book and ‘Quasi-policing’ fits the bill nicely if you will excuse the pun. Cavendish Publishing has been looking for new titles for their catalogue for a while now, so ‘Quasi-Policing’ is an excellent addition to their lists. It is the first book in this area of law and is clearly of great value to the Police, the Prison Service, criminal lawyers, local authorities and students. The subject covers legal issues arising from the use of civilians performing police and other public protection duties. A few years ago, this subject would have raised many eyebrows, but in today’s increasingly lawless society, I doubt whether the civil liberties lobby will get much of a look-in here if any complaints are to be made. The Government are determined to expand this element of private industry into the public sector with all the problems such a change creates. Recent press comments inform us of Government plans to increase and expand the use of staff in a quasi-policing role on the railways. So we now know the position: as the staff can’t even run the railways in the first place properly, they are now to be given statutory rights to issue fixed penalty notices and, ominously, ‘other powers’. Mr Jason-Lloyd may need to produce an annual edition if this trendy new power initiative by New Labour is to expand further. I hope it is not to be seen as policing on the cheap in the longer term. The book itself is quite expensive for what it contains, but it could well develop into a loose-leaf work as the Government downloads more public sector responsibility onto the private sector. The new civil militia What we now have with quasi-policing, in its crudest terms, is the beginning of a revived civil militia given a statutory footing. Jason-Lloyd’s book is split into 3 parts:
There are seven useful appendices which identify powers of arrest under PACE, examples of ‘any person’ arrest powers, plus text and comments on the Police Reform Act 2002 and the Private Security Industry Act 2001. The two pieces of legislation are well-worth reading in detail because of their obvious importance when either civil or criminal disputes arise. I consider that this book will expand rapidly as we begin to see reported cases appear in the next few years. Jason-Lloyd introduces this material by saying that his work is ‘intended to enhance awareness of a rising trend that constitutes an important issues in modern times’. Yes … good …, if I understand what that actually means – or is it policing on the cheap? He continues by outlining the term ‘quasi-policing’ with a useful definition of its meaning as being used ‘to convey the fact that many hereto police and prison service functions are being devolved from those State bodies to specially empowered civilians’. He distinguishes such people from the ‘uniformed operatives engaged in general security duties’. So we have the nucleus of a new, emerging civil militia because the police cannot cope. The powers granted by Parliament are detailed in the book and provide a useful focal point for this newly emerging form of tortuous liability, or even criminal liability itself. Designated civilians I found the most important, and possibly worrying, area of the book in Chapter 8 where the various classes of "designated civilians" are identified under the 2002 Act. One area of outstanding natural interest to barristers and advocates will be ‘complaints against civilian officers’. Where would we all be without the proper complaints procedure! So we have the Independent Police Complaints Commission investigating directly employed civilian officers. The concern must be how far some of these designated civilians can go with their activities bearing in mind some of the CCTV footage seen in recent times involving police officers and members of the public in arguments late at night. International Terrorism The one big area which gives a tremendous ‘plus’ factor to this book is the relatively small number of constructive observations (so far) taken up with issues concerning airports, and airport security generally. Civilians have now been given involvement for the escorting of prisoners, court security, the management and security of custodial institutions, the execution of certain arrest warrants, and the security of the Channel Tunnel and airports. It is big business and, most unfortunately, a growth industry for the early twenty-first century. These people have a special category of powers given by Parliament to search people, to enter premises, to search property and to temporarily retain certain articles. Many commentators have grave concerns about how far we can go, but one thing is clear, "Jason-Lloyd on Quasi-Policing" is here to stay and it is a great addition to your chambers library whatever area you practice in. |
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The Malet Street Gazette, Inc. is not a substitute for obtaining legal advice, and no one should rely on the information contained in the Gazette. The views and posts published on this website and the Malet Street Gazette Discussion Board are not expressions of the Gazette's management or editorial policy and do not necessarily reflect the Gazette's opinion. The Malet Street Gazette, Inc. accepts no responsiblity for the accuracy of any statement made herein, and all readers/visitors are advised to check the facts for themselves and not rely on statements made herein. The authors and publishers accept no liability in relation thereto. The areas of law discussed are particularly fast-moving, and legal issues develop on a daily basis. The up-to-date position should always therefore be checked. The Malet Street Gazette is not connected nor officially sanctioned by the University of London. Copyright©1998-2008 The Malet Street Gazette, Inc. |
