NCJ Number
133129
Journal
Police Journal Volume: 64 Issue: 4 Dated: (October-December 1991) Pages: 321-330
Date Published
1991
Length
10 pages
Annotation
The doctrine of operational independence gives chief constables in England the authority and discretion to develop policing policies and to deploy vast public resources.
Abstract
The doctrine is based largely on the traditional office of constable; an historical legacy in British common-law from which all officers derive their primary obligations and powers. The Police Act of 1964 sought to provide a clearer definition of the duties and responsibilities of police officers. However, this author maintains that the wording of the statute lacks specificity, is ill-defined, and leaves room for recurring debate by making the extent to which a police authority can influence operational law enforcement decisionmaking a matter for negotiation at the local level. To date, the case law has appeared to establish a tradition of judicial support for the independence doctrine, while begging the question of what happens when the chief constable and central government disagree.