Police Street Powers and Criminal Justice: Regulation and Discretion in a Time of Change

Police / Public Order Law

Police Street Powers and Criminal Justice: Regulation and Discretion in a Time of Change

Edited by Geoff Pearson · Mike Rowe
Hart Publishing July 2020

Specifications

ISBN-13
9781509925377
Publisher
Hart Publishing
Publication
July 2020
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This book examines the outcomes of a five-year ethnographic study of two North of England police forces; the prism through which to revisit the question of the regulation and legitimacy of police powers. Central to this study is the degree to which discretion still plays a central role in the exercise of these powers. It shows how this reliance on discretionary powers is fraught with difficulty. The authors demonstrate that in order to effectively reform the exercise of these powers, the police service should be regarded as having a unique culture, where change and uncertainly are commonplace. It is only by recognising the unusual working practises of policing, can meaningful reform be achieved; making this book required reading for policy makers in the field of criminal justice.

Table of Contents

1. Introduction
I. Framing the Debate
II. Focus and Remit of this Book
2. In Search of 'Police Culture': Ethnographic Approaches to Studying the Police
I. Ethnographic Research
II. Fieldwork
III. Data and Analysis
3. Regulation and the Law
I. The Relationship between Policing and the Law
II. The Common Law Regulation of the Police
III. Legislation and the Police and Criminal Evidence Act 1984
IV. The Human Rights Act 1998
V. Policy, Procedure, and Guidance
4. Power, 'Culture' and Discretion
I. Understandings of Discretion
II. Training
III. Supervision
IV. Bureaucracy
V. 'Culture' and Discretion
VI. The Police Career
5. On the Beat: Temporal and Geographical Influences on Police Discretion
I. The Archetypal Shift
II. Time
III. Place
IV. Austerity
V. The System
VI. Concluding Remarks and Recap
6. Stop and Account! Proactive Interactions with the Public
I. Stop and Account
II. Vehicle Stop Checks
III. Stop and Search
IV. Discrimination and the Targets of Police Engagement
V. The Evolution of Stop and Search?
7. Arrest and Detention
I. Police Understandings of the Power of Arrest
II. Determinants of the Use of Police Discretion to Arrest
III. Force Policy and Domestic Abuse
IV. The Role of the Custody Sergeant
V. The Decline of Arrest
8. Legitimacy and Accountability
I. Understanding Legitimacy and Accountability
II. Legitimacy in Practice
III. Reflections
9. Monitoring, Technology, and Recording of Crime
I. Remote Supervision
II. Categorisation
III. Recording
IV. Technology and Discretion
10. Uniform Change? Revisiting Policing, Regulation, and the Law
I. Our Argument So Far
II. Revisiting the Legal Regulation of Policing
III. What Sarge Says: Supervision and Monitoring
IV. 'Police Culture' and Uniform Change
V. Reform to Police Stops
VI. Best Use of Arrest
VII. Professionalisation
VIII. Prognosis
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