NCJ Number
69270
Date Published
1979
Length
61 pages
Annotation
TWO STUDIES ON THE ACCOUNTABILITY OF POLICE IN GREAT BRITAIN ARE PRESENTED. THE FIRST EXAMINES THE LAW AND PUBLIC PROTEST, AND THE SECOND EXPLORES METHODS AVAILABLE TO ENSURE POLICE ACCOUNTABILITY.
Abstract
THE BASIS FOR DISCUSSIONS ON PUBLIC PROTEST AND THE POLICE IN GREAT BRITAIN REMAINS A.V. DICEY'S 'LAW OF THE CONSTITUTION,' PUBLISHED IN 1885, WHICH USED AS ITS MAJOR REFERENCE THE BEATLY V. GILLBANKS DECISION OF 1882. THE PRINCIPLE OF THE DECISION IS THAT AN INNOCENT ACT DONE WITH INNOCENT INTENT DOES NOT BECOME CRIMINAL BECAUSE IT MAY PROVOKE OTHERS INTO ILLEGAL ACTIONS. RESTRICTIONS TO THAT PRINCIPLE HAVE ALWAYS BEEN NOTED, ESPECIALLY IN CASES WHERE THE LEGAL ACTIONS ARE PARTICULARLY INSULTING AND WILL ALMOST CERTAINLY PROVOKE PUBLIC DISORDER. THE PUBLIC ORDER ACT (1936) ALLOWS WIDE DISCRETION TO POLICE, LOCAL AUTHORITIES, AND THE HOME SECRETARY IN THE REGULATION OF PROCESSIONS, BUT SUCH POWER IS SELDOM USED. THE BRITISH DISTINCTION BETWEEN PROCESSIONS AND STATIONARY MEETINGS REFLECTS THE ISSUE OF THE RIGHT TO USE THE HIGHWAY REASONABLY FOR PASSAGE AND REPASSAGE, AND RESULTANT CRIMINAL OBSTRUCTION ISSUES. THE SECOND STUDY RECOGNIZES AN UNDERLYING DILEMMA OF ALL DISCUSSION IN THE AREA OF LAW AND PRACTICE RELATING TO THE POLICE--THE NECESSITY FOR ADEQUATE SAFEGUARDS FOR THE PERSONS COMPLAINED AGAINST AS WELL AS THE COMPLAINANT. ALTHOUGH POLICE RESISTANCE TO OUTSIDE ELEMENTS IN THE INVESTIGATION OF COMPLAINTS PREVENTED SUCH PROCEDURES IN THE PAST, THE POLICE ACT OF 1976 HAS ESTABLISHED A POLICE COMPLAINTS BOARD TO DEAL WITH THE ISSUES OF ACCOUNTABILITY. CURRENTLY, METHODS USED TO ENSURE ACCOUNTABILITY INCLUDE CIVIL ACTIONS AGAINST POLICE, PROSECUTIONS AGAINST POLICE USUALLY LAUNCHED BY THE POLICE THEMSELVES, INQUIRIES INTO POLICE CONDUCT, JUDICIAL SCRUITINY IN THE COURSE OF LEGAL PROCEEDINGS, AND POLITICAL REMEDIES. FOOTNOTES ARE INCLUDED.