The Police: Constable or Officer?
The Code of Ethics was produced by the College of Policing in 2014 in its role as the professional body for policing. It sets and defines the exemplary standards of behaviour for everyone who works in policing.
The National Decision Model (NDM) is suitable for all decisions and should be used by everyone in policing. The NDM has six key elements, including ethics, intelligence gathering and risk assessment. Each component provides the user with an area for focus and consideration. The element that binds the model together is the Code of Ethics at the centre.
Sadly, many of our dealings with the police seem to occur when they are acting on behalf of their corporations and enforcing rules and regulations. An example of this would be if you are stopped whilst in your car, or if a bailiff has requested their assistance. In these cases, they are acting as policy officers in a civil matter. Asking the policeman if he is acting in the role of a constable and therefore 'on his oath' is important. This is how we ensure that he is acting on our behalf and upholding the law (keeping the peace).
The Constable's Oath:
I do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law.
1. The Seven Principles of Public Life
The Seven Principles of Public Life (also known as the Nolan Principles) apply to anyone who works as a public office-holder. This includes all those who are elected or appointed to public office, nationally and locally, and all people appointed to work in the Civil Service, local government, the police, courts and probation services, non-departmental public bodies (NDPBs), and in the health, education, social and care services. All public office-holders are both servants of the public and stewards of public resources. The principles also apply to all those in other sectors delivering public services.
1.1 Selflessness
Holders of public office should act solely in terms of the public interest.
1.2 Integrity
Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.
1.3 Objectivity
Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.
1.4 Accountability
Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.
1.5 Openness
Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.
1.6 Honesty
Holders of public office should be truthful.
1.7 Leadership
Holders of public office should exhibit these principles in their own behaviour and treat others with respect. They should actively promote and robustly support the principles and challenge poor behaviour wherever it occurs.
Below is an excerpt from a recent Martin Geddes article, which illustrates the challenges we face getting the police to do their job of preventing crime and keeping the police. The context is Martin's ongoing fight with his local council, which you can read about here:
A lot of people tell me they get inspiration from reading my efforts to hold officials here in the UK to account. There is also a general satisfaction in writing crisp letters that have a little artistry to them, too. Based on my attempt today to report my local council for blackmail, and the police trying to repulse me from the very outset, I thought you might appreciate my complaint email to the Chief Constable of Durham Constabulary. When the problem is systemic and not individual, go straight to the top.
If they were honourable people, this would provoke a serious investigation into my allegations. I have removed some details for privacy.
Dear Chief Constable Farrell,
I am a 51 year old resident of TOWN, and today I walked into a police station for the first time in my life to report a crime. I have never been arrested for any crime, let alone convicted, and my interaction with the police has hitherto been minimal. I want to make you aware of the unsatisfactory nature of my initial encounter, since it represents a basic failure in the mission and training of the police — and which needs management correction.
I wished to report serious white-collar crime at Durham County Council. I have evidence that they are knowingly running an unlawful debt collection process, claiming there are valid court Liability Orders where there are none, and then (anonymously!) threatening members of the public (like me) while deliberately denying due process. These are serious crimes: blackmail, fraud, misconduct in public office, and perjury — while acting ultra vires.
I met the officer manning reception just before 4pm, and I was shocked by his dismissive, disrespectful, and obnoxious behaviour. He claimed he had been an officer for 30 years and the police would never take on a complaint like this, and that I should simply go away. I insisted that it was the duty of the police to investigate all reports of crime, especially serious and high-level crime. He relented and let me consult with a colleague, PC ABC.
PC ABC treated me with the respect that any member of the public is due, and I have no issue with her professionalism. After some discussion she saw merit in what I was saying, since claiming there is a court order when there is not one is fraud, and took it to her sergeant, PC XYZ. He counselled it was a civil matter, being in respect of disputed Council Tax debt. I disagree, but that is not what I am taking up with you here; there is a separate escalation process. What is relevant is that my complaint was not one that could be casually dismissed as unfounded without any examination.
The Criminal Procedure and Investigations Act 1996 specifies the need for a code of conduct, and as such Ministry of Justice lists the first right of a victim of crime is to understand and to be understood. It is not the job of the person manning the reception to judge whether a crime has taken place — without even the most cursory understanding of the complaint, let alone the looking at the evidence. Esteem for the alleged perpetrator is not a reason to rudely send the complainant away at reception.
One uncharitable interpretation of what happened today was that the officer at reception was aiding and abetting, simply due to incredulity that I could legitimately be reporting a serious and systemic criminal fraud involving the local authority. I am experiencing being unlawfully treated by the Council in a way equivalent to claiming there is warrant when none exists, so I feel I deserve to be heard, whatever the outcome. Someone attempting to report a crime should be treated as a victim of crime, and not subjected to further crime by the police!
Whether you wish to reprimand the officer at the reception desk is up to you. The real problem is that the most basic function of the police is to record and investigate crime. Even if you do not think a crime has occurred *after* investigation (and again, I assert there are several serious ones here that need proper investigation) then the member of the public deserves to be treated with respect — and not contempt. That the foundational function of the police (to record and investigate crime) was so broken saddened me.
Wishing you well at this time of year, and with gratitude for the many good things that come from policing,
Martin Geddes