Starting to influence and support officers making difficult decision on their own at 2 am.

Transcription

1 The Benefits of a Human Rights Approach to Policing Adrian Lee, Chief Constable of Northamptonshire ACPO Lead on Professional Ethics Introduction Qualifications: B. Phil., LL. B., M. Phil. (Police Ethics), M. A. (Management) ACPO Lead on Professional Ethics o Target not academic articles and complexity BUT the officer on their own at 2am in the morning trying to make good decisions in very difficult circumstances o Model = Decision Making: Clarity \ Rational \ Auditable \ BETTER [theme] Three Key Points and my THEME 1. Human Rights and the Human Rights Act are important because of the values they embrace 2. The policing challenge is to police according to the values of service and the communities we serve 3. A Human Rights approach to policing is a values approach to policing it is the RIGHT approach to policing Theme How do we ensure that we put that into practice?... officer at 2 am in the morning. History Limited impact of HR Act 1998 came into force in October 2000 Police service major review of policy and procedure Size of teak = Millennium Bug Supt in GMP Reality = Limited impact Vast majority was fit for purpose or required some important changes Impact o Pre-trial procedures o Custody and arrest o Covert policing o Emergency planning Background link to UK legislation and common law Lord Faulkner, speaking in 2006: Look at the European Convention on Human Rights, which lies behind our Human Rights Act Invented by Britain. It was drafted by British people Ratified first by Britain. Exported by Britain to Europe. Brought back to Britain from Europe in the Human Rights Act. Human rights are British rights. Human rights are as British as the Beatles. As British as the BBC. As British as bitter..the ultimate accolade from Lord Faulkner..? The legal / regulatory / policy procedural changes were important but limited Cultural / Behavioural?

2 PSNI The Patten Report of 1999 recommended a way forward for policing in Northern Ireland, based on Human Rights, we should remember that this was not necessarily the way forward that had been anticipated it was radical and novel. I have always felt that what Patten wanted to deliver was higher and consistent standards of ethical policing, but the link between ethics and religion was to great a risk and that the Human Rights approach enabled him to achieve the same objective with everyone s support. We cannot emphasize too strongly that Human Rights are not an impediment to effective policing but, on the contrary, vital to its achievement Upholding Human Rights and upholding the law should be one and the same thing Action o Human Rights based approach to policing o New Oath linked to Human Rights o Code of Ethics (challenge because of sanctioned attached) o Human Rights training o Human Rights lawyer on staff o Performance regarding Human Rights monitored by the Policing Board A significant success and something that PSNI are rightly proud of. Starting to influence and support officers making difficult decision on their own at 2 am. Professional Ethics more generally in Policing ACPO Lead on Professional Ethics Attestation o I,... of... 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. National Decision Model o SARA / Ethics Model / Risk Principles / Conflict Management Model o (Scanning / Analysis / Response / Assessment) o Single model o 5 classic steps of decision making, tailored to the policing context o HR at the centre later, reflected in the SOMV o At the centre - Statement of Common Purpose and Values Paragraph 3: o We will act with integrity, compassion, courtesy and patience, showing neither fear nor favour in what we do. We will be sensitive to the needs and dignity of victims and demonstrate respect for the human rights of all. A genuine tool for officers making difficult decision on their own at 2am.

3 The Impact of the Human Rights Act 1998 on Policing in England and Wales Karen Bullock and Paul Johnson, Dept of Sociology, University of Surrey Work with Karen on gangs in Moss Side Research conducted in Northamptonshire where I am CC Force had early familiarity with the NDM, T+C, Disc + PJ, Values Published in B. J. Crim. in October 2011, force NOT named N = 20 (PC to Chief Officer) Police officers and police staff feel that it helps them in their work Most officers felt that the HRA aided day to day work in enforcing the law Whilst the HRA has not changed the nature of police work it has been responsible for the development of new bureaucratic procedures through which officers justify, document and make auditable their work Officers believe that these bureaucratic procedures provide some positive benefits for policing, because they can help clarify and mandate police decision making and ultimately protect officers from potential criticism and blame. In this sense, the HRA has acted to enhance police powers and legitimate officer s work on the ground A clear finding from the research is that police officers perceive the HRA to have had a very significant impact upon policing. Officers told us that the HRA had absolutely and unquestionably had an impact in lots of ways, had forced the police service to stop and think about the outcomes of their practice on individuals and the wider community in ways that they did not do before. The legal / regulatory / policy procedural changes were important but limited Cultural / Behavioural changes are perhaps more important Evidence that Human Rights considerations are assisting officers making difficult decision on their own at 2am. Practicalities The HRA changed the language and discussions in the police station Recent metal theft operation BRIEFING - What are we doing to protect the HR of those this operation is targeting? o Human Rights Legislation has been considered for this operation Article 6 Right to a fair hearing Article 7 Protection from punishment Article 8 Respect for private/family life Article 11 Freedom of assembly and association Article 14 Freedom from discrimination o An Individuals rights will only be interfered with in order to Preserve public safety Prevent crime and disorder Protecting health Protecting morals Protecting rights of others Evidence that Human Rights considerations are assisting officers making difficult decision on their own at 2am.

4 Individual Rights v Communities Rights Lord Faulkner re balance is wrong between individual rights and societies rights We want to help public authorities to redress the imbalance in which the right of the individual has too often been considered above the rights of the wider community. One very important thing we must recognise is that the Convention places positive obligations on public authorities to ensure the safety of society as well as the protection of individual rights. Absolute v Conditional Rights Detailed powers and legislation v police discretion Current Issues Equality and Human Rights Commission, Human Rights Review 2012 The review has assessed public authorities compliance with the Convention and, on the whole, the picture is very positive and there is much to be proud of Issues o Custody and arrest o Article 2 re deaths and the IPCC o Use of surveillance linked to protest o Rights of protesters o Intervention for those at risk children, disabled, mentally ill, women at risk of domestic violence o Stop and search o Use of force Summary Behavioural and cultural changes have been more significant than the legal / regulatory / policy procedural changes The NDM and SOMV are good tools to assist officers put the values of the service into practice At the centre of the model and the statement are the VALUES of the Service, which include: o respecting the human rights of all Statement of Mission and Values o upholding fundamental human rights - Attestation What sort of an organisation do you want to lead? Shooting Letter

5 POLICE SERVICE - STATEMENT OF MISSION AND VALUES JULY 2011 The mission of the police is to make communities safer by upholding the law fairly and firmly; preventing crime and antisocial behaviour; keeping the peace; protecting and reassuring communities; investigating crime and bringing offenders to justice. We will act with integrity, compassion, courtesy and patience, showing neither fear nor favour in what we do. We will be sensitive to the needs and dignity of victims and demonstrate respect for the human rights of all. We will use discretion, professional judgement and common sense to guide us and will be accountable for our decisions and actions. We will respond to well-founded criticism with a willingness to learn and change. We will work with communities and partners, listening to their views, building their trust and confidence, making every effort to understand and meet their needs. We will not be distracted from our mission through fear of being criticised. In identifying and managing risk, we will seek to achieve successful outcomes and to reduce the risk of harm to individuals and communities. In the face of violence we will be professional, calm and restrained and will apply only that force which is necessary to accomplish our lawful duty. Our commitment is to deliver a service that we and those we serve can be proud of and which keeps our communities safe.

6 Police Service National Decision Model