TMA03 Police Accountability Mechanism Assignment Sample

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Introduction

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The Importance of police accountability should be analysed in England and Wales, which could be performed through various foreign instruments that are relevant to the accountability of police in the United Kingdom. The Universal Declaration on Human Rights of the UN of 1948 is a basic source regarding judicial and legislative practice, which provides standards and principles of human rights for underpinning police accountability. The designing of rules is to help in the protection of human rights and for improving the police officer's status. In the year 2001, the European council supplemented the declaration through the police ethical code. The code of conduct of the UN, code of police ethics, and European declaration on police gives fundamental standard to operate the legal enforcement of the law. Therefore, the arrangements regarding police accountability are not very simple for only subordinating government but are a complex accountability system to be operated (Brants et al. 2020).

Discussion

The present system to hold the 43 forces of Wales and England accountable is characterized as the tripartite structure regarding the accountability of police. According to the police act of 1964, which is followed by the deliberations of the Royal Commission on the police of the year 1962, it remains the basic feature of the governance of police. The given system segregates the responsibilities in between the forcible chief constable, local police authority, and home office. The legislation since the police act of 1964 consisting of police and magistrates court act or PMCA of the year 1994, police reform Act on the year 2002, and police act of the year 1996 is found to endorse the arrangement of Tripartite, however not uncontroversial for a lifetime. PMCA intended to strengthen the function of regional police by providing supplementary powers consisting of involvement in the development of regional plans of policing. But the police Reform Act of The Year 2002 moved the larger authority to the centre by inter alia, introducing the Rolling of a three-year plan of the national policy of the home secretary (Brants et al. 2020).

The Police and Criminal Evidence Act or PACE of the year 1984

With the structure of tripartite regarding accountability of policies and associated legislation, there is a subjection of PACE Act 1984, which is the justice system ensuring the suspects which the police apprehend have the authority of trial by the jury during serious situations along with providing an opportunity to have legitimate representation. The judicial system further ensures the follow of appropriate procedures by police. The conventional security would be the outcome of the failure of following the given rules because exclusionary regulations are largely used by courts for rendering inadmissible shreds of evidence data not appropriately obtained. The implementation of fruits of poisoned trees' principle indicates the failure of whole cases if the rules are not followed with essential repercussions regarding the effectiveness of police (Roach et al. 2021).

HMIC or Her Majesty's inspectorate of constabulary -

The initial constabulary inspectors have their appointment within the provision of the country and borough police Act of The year 1856. And independent status is with inspectors being the servant of crown rather than the employees of home offices. According to section 38 of the police act of 1964, the role of inspectors is the provisions of inspecting and reporting home secretary on effectiveness and efficiency of police forces are specified. The function of HMIC is laid in the police act and the local government Act of The year 1999 associated with the best value. The role of the inspectorate, as per their purpose statement, is the promotion of effectiveness and efficiency of policing in England and Wales by inspecting the organizations of police as well as their functions for ensuring Maintenance and achievement of agreed statements regarding the spread of good practices and improvement of performance (Roach et al. 2021).

Further for providing support and advice to tripartite partners and playing an essential role in developing the upcoming leaders.

The audit commission of Wales and England -

By 1988, police were scrutinized by the bye commission of audit, which was established in the year 1982 by the regional government finance act for promoting and monitoring the economy, effectiveness, and efficiency to manage the regional government. Audit Commission initially focused on the police in the year 1988 and scrutinized the police financing and allocation of budget. But the focus of further reports where on the operational issues consisting of patrol task management of crime. However, the recommendation of the commission is not considered perspective but is usually implemented. According to the note of a retired constable in between the year 1977 and the year 1999, there remains no less than 27 commissions of audit and thematic reports of police inspectorate being incorporated to 300 distance to recommendations and published (Jones et al. 2019).

Best value -

From the April of 2000, a program of the best value was initiated as a statutory responsibility on regional authorities for delivering services for clarified standards through the most efficient, economical, and effective means. The regional authorities consist of the best-valued authorities along with some police forces that are needed for demonstrating the best value. The police force is required to have reported against the best value series regarding indicators of performance (Jones et al. 2019).

Standard units of police -

Standard units of police-initiated working under the home office in July of 2001; however, was earlier established by the police reform Act of The year 2002, which became largely influential and had the function of identifying better practice of policing and their spreading means. It further has the intervening function. In case the force is found to require remedial activity, it would intervene for improving the performance (Yuval et al. 2021).

Financial accountability

During the 1980s, the government implemented their public sector FMI or Financial Management Initiative for the service of the police. It was related to which strategies of managing business and techniques of audit for giving financial accountability regarding the public finance (Yuval et al. 2021).

Organizational accountability

Organizational accountability is given by the structure of the hierarchical rank, which is aimed at producing answerable and disciplined service. Further, police officers have disciplinary coding which punishes various offences of discreditable conduction, areas of obeying orders, falsehood, and racially discriminatory behaviour. Internal investigations of offences and judgment at the hearing of disciplinary leads to a range of punishment from the reprimand to fine or dismissal. Breaching of code might further include civil or criminal offences. The officers that are taken by courts could further face the board of disciplinary (Ozin et al. 2019).

Complaint system of police

Various complaints against the officers are found by internalized investigation under the force of police, lining with the guidance of the home office. The pattern of complaints is monitored by the forces of police for individuals, and the ones with larger than average or patterns of worry are enquired and identified into the conduct. Some of the authority complaint subcommittees monitor the trend (Ozin et al. 2019).

National agency's accountability

The enabling legislation regarding the creation of NCS or national crime squad was the police action of the year 1997 which is presently found accountable through the tripeptide structure and mirrored the arrangement in the police force of the territory. Within the police act of the year 1997, accountability is towards the authority of the national crime squad and the home secretary (Parpworth et al. 2021).

 The balance of the power regarding the tripartite contract

The system of tripartite is found to rest on segregating power. However, there are debates regarding the balancing power between these three parts. FIR Dard government is moving this balance to centre, largely criticized by the lacking involvement of the regional community in the policing, which is now supposed to be an important ingredient to build the confidence of the communities, especially the ethnic minority communities, regarding their regional police (Parpworth et al. 2021).

Further, there remains some criticism in respect to the major aspect of the lack of appropriate independence of the system, which undermines the accountability of police. The most obvious instance is the complaint system of police that earlier have not found to gain confidence regarding communities, especially the minor communities (Holloway et al. 2020).

Conclusion and recommendation

A minimum nationwide standard is introduced by the government till the end of the year 2006 to provide services to the public along with emphasizing the firmly established public policing. The extent of their success is supposed to be a question till now. Since the year 2003, the service of police has been largely noted for rearing the public regarding their capabilities, particularly in association with the steps that are taken for reducing disorders and crime. Essential accountability stands in the policing system United Kingdom is there for monitoring and consultation. Some of their aspects have state-based assistance, where were plays higher Reliance on the contributions through the individualized volunteers and NGOs. Probably, an effective approach which could be adopted by placing agencies during pressure is remaining open towards the constructive nature of criticism, for welcoming the scrutiny, for remaining largely accessible towards the public ideas. It might be a painful procedure; it would result in b policing, which is based on the community and capable of retaining respect along with securing public assistance (Holloway et al. 2020).

Answer to question number 2

Issue of the case

The drafting of a plan to advise the medium regarding her criminal liability in association with the death of Curtis (Chiok et al. 2018).

The rule of law

The major criteria consist of penalty severity incurred, offensive nature, and domestic ranking. In case the court of the nation classifies any act as a crime, then the act is supposed to be criminal; however, in case any action is considered non-criminal within the domestic law, the given fact is considered relevant however no definite.

Further, the law of England needed for any individual held on the basis to arrest is found to be within section 24 of the police and criminal evidence Act or PACE of the year 1984, which is explicitly provided in the definition of the case-law of DPP v Hawkins as follows-

The arrest is considered to be legitimate until the individual who is arrested has information of their ground for arrest during or soon after the occurrence of the arrest (Chiok et al. 2018).

Analysis of the case

In the given case study, Miriam is found to have glioblastoma, a fast-growing brain tumour that is causing her to hallucinate, anger very quickly, and lose control of her actions, which makes her hallucinate Curtis is coming towards her to attack. It is only to defend herself. She repeatedly hit them over the head Curtis but unintentionally crushed his skull, which led to his death. Referring to the case-law of McFreely v UK, even losing liberty as punishment is not found to be conclusive. It is considered by the commission that if article sex is implemented towards the decisions of prison governor to deal The adjustment of disciplinary for deciding the non-criminal offences when by the severity of a punishment that might be met. As per the case-law of Beheer BV v Netherlands, Miriam is not supposed to be completely at fault because it was just a reflexive action created due to her suffering of the disease (Thomlson et al. 2022).

Conclusion of the given case study

In the given scenario, Miriam, who is already in quite distress because of the failure of her team in top leaves of rugby and suffering from the brain tumour, could not be considered completely liable for the death of Curtis, but there is supposed to have a partial liability because either intentionally or unintentionally, she is the murder. In short, it could be e explained that the civilians might be demonstrated by the lesser legitimate abiding people of any community in the form of a toothless lion who is capable of roaring but has no right or power of biting. Despite even having a large number of issues, she has no power of committing murder, definitely not even to protect herself from any sort of attack (Thomlson et al. 2022).