Categories
Legal Analysis

What is Harassment ?

What is Harassment

In R v O’Neill [2016] EWCA Crim 92, [2016] the Court of Appeal (Lord Justice Gross) had to determine what kinds of breach of a Family Law Act 1996 (FLA) non-molestation order might constitute an offence.

R v O’Neill [2016] EWCA Crim 92 the Court of AppealDownload

The single Ground of Appeal was that the Judge misdirected the jury as to the definition of harassing conduct.

Offence of breaching non-molestation order

(1) A person who without reasonable excuse does anything that he is prohibited from doing by a non-molestation order is guilty of an offence.

(2 )In the case of a non-molestation order made by virtue of section 45(1), a person can be guilty of an offence under this section only in respect of conduct engaged in at a time when he was aware of the existence of the order.

(3) Where a person is convicted of an offence under this section in respect of any conduct, that conduct is not punishable as a contempt of court.

(4) A person cannot be convicted of an offence under this section in respect of any conduct which has been punished as a contempt of court.

(5) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both;

(b) on summary conviction, to imprisonment for a term not exceeding [the general limit in a magistrates’ court], or a fine not exceeding the statutory maximum, or both.

(6) A reference in any enactment to proceedings under this Part, or to an order under this Part, does not include a reference to proceedings for an offence under this section or to an order made in such proceedings.

Family Law Act 1996 Section 42A

When a court order is breached it is normally dealt with as contempt of court. In relation to a non-molestation orders made under the Family Law Act 1996, it is a criminal offence to breach such an order

According to the Sentencing Council guidelines Breach of a protective order (restraining and non-molestation orders), a breach of a Non Molestation Order is :-

Triable either way (Note: the maximum sentence in magistrates’ courts for breach of a restraining order imposed under section 360 of the Sentencing Code is 6 months’ custody)

Maximum: 5 years’ custody
Offence range: Fine – 4 years’ custody

Breach of a protective order (restraining and non-molestation orders) – Sentencing Council

Triable either way means a criminal offence which can be tried in either the magistrates’ court or the Crown Court. The standard of proof required in a criminal case being higher than that required by civil courts.

The Protection from Harassment Act 1997 is an act of the Parliament of the United Kingdom to make provision for protecting persons from harassment and similar conduct. You may be interested in our article on Stalking and Harassment.

On the 9th January 2015 HHJ Dodgson during the original trial (at pp. 7 8 of the Transcript of the summing-up) and R v O’Neill [2016] EWCA Crim 92, [2016] Para 8 gave the direction :-

“What does ‘harassing’ mean? Harassment means causing alarm or distress. Intimidation has its ordinary meaning. I’m not going to try and define that anymore. It’s an ordinary English word. You’re quite capable of discerning amongst you what that means.

Now, we’ve also got the word ‘pestering’ in the indictment. .I direct you that in the circumstances of this case, pestering is not something that you need concern yourself with. That is not to say that the Crown say there was no pestering. They may well say that there was, of sorts, but it does not fit within a particular legal capsule, if I can put it in that way ..It would require a course of action. ..in these circumstances, just really cross out ‘pestering’. You’re going to be considering: were these communications harassing or intimidating .?”

R v O’Neill [2016] EWCA Crim 92, [2016] Para 8

The Court of Appeal R v O’Neill [2016] EWCA Crim 92, [2016] states at Para 39 :-

Pulling the threads together:
i) We respectfully agree with and adopt the opening lines of this passage from Blackstone as providing a concise, working understanding of “harassment”; thus, to repeat:
“The definition provided by s.7 is clearly inclusive and not exhaustive ‘Harassment’ is generally understood to involve improper oppressive and unreasonable conduct that is targeted at an individual and calculated to produce the consequences described in s.7. By s.1(3) of the Act reasonable and/or lawful courses of conduct may be excluded.”
ii) Harassment, within the meaning of the Order, cannot simply be equated with “causing alarm or distress”.
iii) The danger of doing so is that not all conduct, even if unattractive, unreasonable and causing alarm or distress, will be of an order justifying the sanction of the criminal law.
iv) Here, the Judge’s direction ought to have included a reference to the jury needing to be sure that the conduct was oppressive, not merely causing alarm or distress.
v) Some such further wording, dealing with the element or ingredient of oppressive conduct, would have served to focus the jury’s mind on the distinction between criminal conduct and conduct (however unpleasant) falling short of attracting criminal liability.
vi) Accordingly, there was a misdirection in this case as to the meaning of the word “harass” in the Order.

R v O’Neill [2016] EWCA Crim 92, [2016] Para 39

The Court of Appeal R v O’Neill [2016] EWCA Crim 92, [2016] states at Para 44 :-

In the circumstances, we are driven to allow the appeal

R v O’Neill [2016] EWCA Crim 92, [2016] Para 44

In an article on the 25 Bedford Row Barrister Chambers website New Guidance on the Meaning of Harassment :-

The criminal law does not and should not criminalise all forms of unpleasant or offensive behaviour, even that which occurs in a domestic setting. Rather, it exists to police conduct so serious that the resources of the state are required to intervene, punish and prevent such behaviour. That line is now drawn quite plainly following this judgment.

New Guidance on the Meaning of Harassment – 25 Bedford Row

Jonathan Herring is a Professor of Law, Exeter College, Oxford University ([email protected]) and he wrote an article Defining Harassment.

No5 Barristers Chambers published Conviction quashed – guidance on meaning of harassment in s42A Family Law Act offence of molestation.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Rogues

Peter Lamb MP

Peter Lamb MP

Peter Lamb was elected as MP for Crawley at the General Election on the 4th July 2024. The count took place overnight on 4th/5th July and the results were announced in the early morning of 5th July.

Peter Lamb received 17453 votes which equates to 38% of the vote. Turnout was 61%. The Election results for Crawley Constituency are published on the Crawley Borough Council website.

There was fury as Labour MP Peter Lamb posted on X that OAPs have a ‘choice’ over whether to put the heating on after winter fuel payments cut from 10 million elderly people.

If people choose not to put the heating on after several above inflation increases in the state pension then that’s their choice. Anyone who genuinely needs the payment to afford it will still get it. Overall pensioners will benefit more from NHS capacity than extra cash.

Peter Lamb – Winter Fuel Allowance on X

The post was deleted but it remains forever in the Internet Archive Wayback Machine.

Labour MP Peter Lamb deletes tweets saying it’s older people’s “choice” not to put heating on

After a huge backlash about his comments on the Winter Fuel Allowance, Peter Lamb posted on X that he “I’d like to apologise” but couldn’t bring himself to say sorry.

Peter Lamb MP “apology” over comments on the Winter Fuel Allowance

I’d like to apologise for a comment I made on X earlier this week regarding the changes to Winter Fuel Payments. It was never my intention to cause offence, and in hindsight my comments were clearly misjudged.

As the proud MP for Crawley it is my absolute priority to support the most vulnerable in our community, and pensioners in my constituency can be reassured I’ll be doing everything I can to support them during the winter months.

Peter Lamb MP

Peter Lamb MP “I’d like to apologise” but can’t bring myself to say sorry.

Peter Lamb MP can be contacted :-

House of Commons
London
SW1A 0AA

Email: [email protected]

The House of Commons voting record of Peter Lamb is published on the Parliament website.

You can check any donations and freebies Peter Lamb has registered on the Register of Members’ Financial Interests.

Peter Lamb is my local MP. He was emailed on the 10th September 2024 in relation to Chief Constable Jo Shiner of Sussex Police Retire and Rejoin but has not bothered to reply.

Fair dealing for criticism, review or quotation is allowed for any type of copyright work. All sources acknowledged

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Criminal Justice Police

Drug Dealing on the Street

Drug Dealing on the Street
Drug Dealing on the Street

Drugs are being openly sold on the streets by drug dealers with seemingly little to no action being taken by the Police to deal with this. The streets also stink of weed.

I gave up ringing 101 and attending local policing meetings. It’s pointless the police seem more than happy for a large group of men to openly deal on the street every single day of the week and have them and their customers urinating and defecating in the streets.

Discourteous woman on X

Drug misuse harms the health and wellbeing of many people. There are a number of different criminal offences which should restrict the supply and use of harmful substances.

It is illegal to possess, supply and produce controlled drugs. It is also illegal to import or export drugs, or to allow your premises to be used for drug production.

The legal restrictions placed on the use of controlled drugs are aimed at preventing drug misuse. The principal offences relating to the misuse of controlled drugs are contained in the Misuse of Drugs Act 1971 (“the Act”) and most of the offences dealt with in this guidance are created by the Act. The primary objective of the Act is the control of the use and distribution of dangerous and harmful drugs. The Act classifies the drugs according to their relative degree of overall harm from misuse.

CPS Legal Guidance Drug offences

Controlled drugs fall into three different categories, Class A, B or C, according to their danger or how harmful they are. The sentences for drug offences are different for each class of drugs. Class A drugs are the most harmful, and will lead to a greater sentence.

A drug dealer is an individual who illegally sells or distributes drugs. These drugs can range from illegal substances like cocaine, heroin, methamphetamine, or marijuana (in places where it’s not legally regulated) to prescription medications that are sold without a prescription or for non-medical use.

The Statute of Limitations establishes time limits within which legal actions can be brought against individuals or entities for various offenses. There is no time limit for prosecution in England and Wales for drug dealing offences.

BBC London produced a report The drug deals being done on our streets. Over 5 years later, nothing seems to have changed.

The drug deals being done on our streets – BBC London 19th Jan 2019

To do an injustice is to do yourself an injustice – it degrades you… and you can also commit injustice by doing nothing

Meditations by Marcus Aurellius

Met Police and Open Drug Dealing

On Sunday 22nd September 2024 @ 17:40 whilst I was on the Walworth Road/Camberwell Road in SE17 close to the 100% Holy Café, I witnessed 3 drug deals being carried out brazenly in the street. I later witnessed another drug deal in a local pub by one of the same individuals.

Several Met Police cars drove past (all being driven one handed) and I attempted to flag one down. The officer in passenger seat made eye contact but they decided to ignore me. I assume the officers were coming from Walworth Police Station 12-28 Manor Place SE17 3RL.

One of the suspects was illegally riding a speed modified e-scooter and had their face covered. I reported the “crime” to the Met Contact Centre @metcc on X but no one has contacted me from the police.

I regularly travel through South London and I regularly see drug deals on the streets. I never see any Met Police officers on foot patrol. Met Police patrol cars just drive by seemingly oblivious to crimes being committed on the streets.

The latest HMICFRS inspection of the Metropolitan Police PEEL Assessment 2023–2025 was published on the 15th August 2024.

If you’re concerned about drug-related crime in your area or think someone may be a victim of drug exploitation, please call us on 101.

If it’s an emergency, please call 999. If you have a hearing or speech impairment, use our textphone service 18000. Or text us on 999 if you’ve pre-registered with the emergencySMS service

Met Police County Lines Drug Dealing

Sussex Police and Open Drug Dealing on the street

I live in Crawley West Sussex and I regularly see drug deals on the streets. I never see any Sussex Police officers on foot patrol (anytime) or in police cars at night.

The suspects are usually illegally riding a speed modified e-scooter or e-bikes and have their face covered. Home delivery of drugs by car also seems very popular in some parts of town.

Chief Superintendent Imran Asghar of Sussex Police was appointed in March 2024 and is responsible for Crawley & Mid-Sussex. On X he said that he is looking forward to working with officers/staff & communities in this region.

Superintendent Asghar EB821 can be contacted by email [email protected]. Maybe he would like to do something positive about drug crime on his “manor” ?

The latest HMICFRS inspection of Sussex Police PEEL 2021/22 was published on the 13th April 2023.

You should read the story about Sussex Police Chief Constable Jo Shiner and her controversial retirement and rehiring.

If you’re concerned about drug-related crime in your area or think someone may be a victim of drug exploitation, please call us on 101.

If it’s an emergency, please call 999. If you have a hearing or speech impairment, use our textphone service 18000. Or text us on 999 if you’ve pre-registered with the emergencySMS service

Sussex Police County Lines Drug Dealing
Drug Dealing on the Street on X

Check out our articles on Policing, Police News, Policing by Consent, Two Tiered Policing, Wasting Police Time, Met Police, Police and Crime Commissioner and a Police and Crime Panel, Sussex Police and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Rogues

Kodak Camera

Kodak Camera

Dom Watts is an unlikely consumer champion. Yet, the dad of three from Croydon took on the power and might of Kodak – and won.

His Kodakcamera protest Web site became the focus for a month-long campaign by consumers in search of fair play.

Yesterday, Kodak caved in to pressure and agreed to honour a deal for a cut-price digital camera – even though it maintained that the price tag of £100 was a mistake.

For Dom, Kodak’s capitulation proved to be the start of a busy round of newspaper and TV interviews for the IT contractor.

Keep-up pressure on Kodak, say campaigners – The Register

In a posting on the Kodak Camera campaign web site, Internet veteran Dr Laurence Godfrey (Godfrey v Demon Internet Ltd [1999] EWHC QB 244) wrote: “I am very pleased to read that there appears to have been a remarkable U-turn and now you are all going to get your cameras.

Malc – Dom Watts – Dr Laurence Godfrey / 2002 Kodak HQ Hemel Hempstead
The Sun Newspaper 2002

Kodak U-turn victory for consumers
Kodak surrenders!
Kodak sued in camera fiasco
Kodak discount camera fiasco

kodakcamera.co.uk website 2002
Dom Watts on Working Lunch 2002
Dom Watts interviewed by Gerald Main BBC Radio Cambridgeshire 2002
thames-water.co.uk website 2006

Fair dealing for criticism, review or quotation is allowed for any type of copyright work. All sources acknowledged.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Legal Analysis Legal Professionals

Bar Tribunal and Adjudication Services

The Bar Tribunal and Adjudication Services

The Bar Tribunal and Adjudication Services (BTAS) is an organisation responsible for managing the disciplinary process for barristers in England and Wales.

The Bar Tribunal and Adjudication Service’s role in recruiting, appointing and administering all Disciplinary panels safeguards the independence of the panels within the disciplinary process.

  • Purpose and Function: The Bar Tribunal and Adjudication Services is tasked with appointing and administering various types of hearings, including Disciplinary Tribunals for barristers accused of professional misconduct, Interim Suspension Hearings, Fitness to Practise Hearings, and hearings related to the Inns’ Conduct Committee (ICC) for student members or applicants to the Inns of Court. These hearings ensure that the professional standards of barristers are maintained and that any misconduct is appropriately addressed.

Since its creation in 1986 and as a result of a Resolution of the Judges dated 26 November 1986, the Council of the Inns of Court (“COIC”) has been the body responsible for recruiting, appointing and administering Bar disciplinary panels.  It does so in accordance with its constitution, which specifies that Disciplinary Tribunals shall be appointed in accordance with the provisions of the Disciplinary Tribunal Regulations.  On behalf of the President of the Council of the Inns of Court, the Bar Tribunal and Adjudication Service (BTAS) is responsible for appointing and administering Disciplinary Tribunals and other panels.

As a result of the Legal Services Act 2007, the Bar Standards Board has responsibility for disciplinary arrangements for barristers.  From 2010-13 an informal Memorandum of Understanding existed between COIC and the Bar Standards Board on disciplinary matters.  The Memorandum was replaced on 23 October 2013 by a formal Service Agreement between COIC and the Bar Standards Board which relates to the services that BTAS now provides in relation to disciplinary tribunals. 

How we are governed – The Bar Tribunal and Adjudication Services
  • Structure and Operation:
    • BTAS operates on behalf of the President of the Council of the Inns of Court (COIC). It handles the logistics of hearings, ensuring they are conducted fairly and efficiently.
    • Hearings can be held in public unless there’s a specific order for privacy. This openness allows for transparency, which is crucial for maintaining public trust in the legal profession.
  • Sanctions and Guidance:
    • BTAS has introduced new sanctions guidance, effective from January 1, 2022, which includes a more structured approach to sanctions, revised levels for fines and suspensions, and new categories for types of misconduct. This guidance aims to ensure consistency and proportionality in sanctions for misconduct, reflecting a broader review of disciplinary practices.
  • Public Access and Transparency:
    • Findings and sanctions from disciplinary hearings are published on the BTAS website, adhering to a publication policy. This information is available for public scrutiny, enhancing accountability within the profession. However, findings are typically removed after two years unless they involve significant sanctions like suspension or disbarment.
  • Critical Perspective:
    • While BTAS plays a crucial role in maintaining professional standards, discussions online reflect a broader societal and professional discourse on the nature of legal representation, the ethics of the profession, and the adequacy of regulatory mechanisms. This includes critiques on the structure of legal education, the economic aspects of legal practice, and the moral responsibilities of barristers.

On behalf of the President of the Council of the Inns of Court, the Bar Tribunal and Adjudication Service (BTAS) is responsible for appointing and administering:

The Bar Standards Board investigates and prosecutes breaches of the Handbook Core Duties and Rules of the Bar of England and Wales.

What we do – The Bar Tribunal and Adjudication Services

The Bar Tribunal and Adjudication Services is pivotal in upholding the disciplinary framework for barristers in England and Wales, ensuring that the profession adheres to high ethical and professional standards through a transparent and structured process of adjudication.

Check out our articles on Barristers, Direct Access Barristers, Inns of Court, Council of the Inns of Court, Bar Standards Board, Bar Council, Law Society, Law Commission, Legal Services Board, Rule of Law, Lincoln’s Inn and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Legal Analysis Legal Professionals

Solicitors Disciplinary Tribunal

Solicitors Disciplinary Tribunal

The Solicitors Disciplinary Tribunal (SDT) is an independent statutory body in the UK responsible for adjudicating on alleged breaches of the rules and regulations applicable to solicitors and their firms.

At the SDT, our duty is to maintain the public’s confidence in the reputation of the solicitor profession for honesty, probity, trustworthiness, independence, and integrity.

About Us – Solicitors Disciplinary Tribunal (SDT)
  • Purpose and Role: The SDT’s primary role is to maintain the public’s confidence in the solicitor profession by ensuring that its members adhere to standards of honesty, probity, trustworthiness, independence, and integrity. It handles cases where there might be serious misconduct that could warrant sanctions beyond what the Solicitors Regulation Authority (SRA) can impose, like striking off a solicitor from the roll or imposing unlimited fines.
  • Powers and Procedures:
    • The Tribunal can impose various sanctions including but not limited to suspension, striking off, unlimited fines, and orders for compensation or costs.
    • It operates independently of the SRA, although the SRA refers cases to the SDT when it deems the misconduct serious enough to potentially require sanctions it cannot itself impose.
    • Procedures are governed by specific rules like the Solicitors (Disciplinary Proceedings) Rules 2019, ensuring a structured approach to handling cases.
  • Referrals and Decision Making:
    • The SRA refers cases to the SDT when there’s a realistic prospect of the Tribunal making an order, and it’s in the public interest. This might occur when the misconduct is so severe that only the SDT’s sanctions would suffice, or when there’s a need for a public hearing to address significant issues affecting public confidence in the profession.
    • The SDT itself decides whether there’s a case to answer based on the evidence presented, setting a pre-listing day if necessary.
  • Public Interest and Accountability:
    • The involvement of the SDT often reflects not just on the individual solicitor but also on the broader profession’s reputation. Its decisions are crucial for maintaining high ethical standards and public trust in legal services.
  • Critical Examination: While the SDT’s role is to uphold professional standards, discussions online highlight criticisms or concerns regarding its decisions, the fairness of its processes, or its impact on legal practice freedom. However, these discussions should be viewed as part of a broader discourse on legal ethics and accountability rather than definitive critiques of the Tribunal’s operations.

The SDT publishes judgments and recent cases on its website.

Contact the SDT

Court Reception & Offices of the Clerk to the Tribunal
2nd Floor, 45 Ludgate Hill, London, EC4M 7JU

Tel: (020) 7329 4808 / Email: [email protected]

To make a complaint regarding services provided by the SDTAL, email [email protected].

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

Check out our articles on Solicitors, Mayo Wynne Baxter Solicitors, Solicitors Regulation Authority (SRA), Solicitors from Hell, Barristers, Direct Access Barristers, Bar Standards Board, Bar Council, Law Society, Legal Services Board, Legal Ombudsman, Rule of Law and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Police

Facial Recognition Technology

Facial Recognition Technology
Facial Recognition

Facial Recognition (FR) technology can be used in a number of ways by the Police, including to prevent and detect crime, find wanted criminals, safeguard vulnerable people, keep the people safe. and to protect people from harm.

The typical uses of FR technology for policing are:

  • as a real-time aid to help officers to help them locate people on a ‘watchlist’ who are sought by the Police;
  • as an operator initiated tool for officers who decide they need to take an image of a person and then use Facial Recognition software to help them establish who that person is. This helps the Police even if that person provides false or misleading details. This use of FR can also help provide an identification of someone who is unconscious or seriously injured and unable to communicate who they are;
  • as a retrospective system to be used after an event to help officers establish who a person is or whether their image matches against other media held on databases.

On the 29th October 2023 the Home Office news team published a Police use of Facial Recognition: Factsheet.

On the 27 the January 2024 the Lords Committee questions legality of Live Facial Recognition Technology.

On the 29th July 2024 the College of Policing published Live facial recognition – five things you need to know.

Police and private companies in the UK have been quietly rolling out facial recognition surveillance cameras, taking ‘faceprints’ of millions of people — often without you knowing about it. This is an enormous expansion of the surveillance state — and it sets a dangerous precedent worldwide. We must stop this dangerously authoritarian surveillance now.

Big Brother Watch – Stop Facial Recognition

Which Police Forces use Live Facial Recognition ?

As of the 14th may 2024 Sussex Police and Surrey Police do not currently use LFR or OIFR and this processing is currently out of scope.

Live Facial Recognition (LFR)

Live Facial Recognition (LFR) cameras are focused on a specific area so that when people pass through that area their images are streamed directly to the Live Facial Recognition system and compared to a watchlist.

All deployments are targeted, intelligence-led, time-bound, and geographically limited. It lets forces place their effort where it is likely to have the greatest effect. Before a deployment, the police will inform the public where they intend to use the technology and where they can obtain more information on its use.  

Following a possible LFR alert, it is always a police officer on the ground who will decide what action, if any, to take. If the LFR system does not make a match with the watchlist, a person’s biometric data is deleted immediately and automatically.  The watchlist is destroyed after each operation.   

Retrospective Facial Recognition (RFR)

The images or short videos that are being searched after the event, are typically obtained from CCTV, mobile phone footage or have been supplied by members of the public. These images can then be searched for example against some of the Police’s custody image databases. If the system indicates a match then a human will always review this and they will decide if they think it is a match or not.

Details of how the Met Police use RFR can be found in their RFR Policy document.

Operator Initiated Facial Recognition (OIFR)

The use of operator initiated facial recognition which takes an image of a particular person and uses it to either (i) help policing establish who a person in the image is or (ii) establish where a person has previously appeared in other media held by the police

Is Live Facial Recognition Lawful ?

The Court of Appeal in R (on the application of Edward BRIDGES) Appellant/ Claimant – and – THE CHIEF CONSTABLE OF SOUTH WALES POLICE – and THE SECRETARY OF STATE FOR THE HOME DEPARTMENT -and- THE INFORMATION COMMISSIONER (1) THE SURVEILLANCE CAMERA COMMISSIONER (2) THE POLICE AND CRIME COMMISSIONER FOR SOUTH WALES (3) [2020] EWCA Civ 1058 found that there is a legal framework for police to use LFR.

Live Facial Recognition in Use

DJE Media published a video of his interaction with Hampshire Constabulary and was given a tour inside their Live Facial Recognition Van.

Live Facial Recognition – Hampshire and Isle of Wight Constabulary

Hampshire and Isle of Wight Constabulary uses Facial Recognition Technology in the following cases:

  • Live Facial Recognition (LFR) compares a live camera feed of faces against a predetermined watchlist to find a possible match that generates an alert.
  • Retrospective Facial Recognition (RFR) is a post event use of facial recognition technology, which compares still images of faces of unknown subjects against a reference image database in order to identify them.
  • Operator Initiated Facial Recognition (OIFR) is a mobile phone use of FRT technology, which compares a photograph of a person’s face taken on a mobile phone to the predetermined watchlist to assist an officer to identify a subject.
Live Facial Recognition Technology Hampshire and Isle of Wight Constabulary

Auditing Britain published a video of his interaction with the Met Police and was rudely spoken to and the door to their Live Facial Recognition Van was regularly closed. Do the Met Police have something to hide ?

Live Facial Recognition – Croydon Met Police

Facial Recognition Policy Documents (Met Police)

Facial Recognition Impact Assessments (Met Police)

Live Facial Recognition Deployment Records (Met Police)

Other Live Facial Recognition Documents

Check out our articles on  Policing by Consent, Two Tiered Policing, Policing, Police News, Wasting Police Time, Chief Constable Jo Shiner Sussex Police and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Legal Professionals

Lincoln’s Inn Open House 2024

Lincoln’s Inn Open House 2024

On Saturday 14th September 2024, Lincoln’s Inn once again opened its doors to the public for Open House Festival. This was a rare opportunity to see spaces usually closed to the general public and learn more about the history of one of London’s most fascinating estates – for free.

As one of the four Inns of Court, Lincoln’s Inn houses a thriving community of barristers and is a bedrock of the Bar of England and Wales. Standing for more than 600 years, tradition intersects modernity on this 11-acre estate, which features Grade I and II listed buildings from the mediaeval, Victorian and Georgian periods, state-of-the-art teaching and conference spaces, and lush gardens. Make your way around the Inn at your own pace, and immerse yourself in the estate’s history at one of our free talks.

The Honourable Society of Lincoln’s Inn Open House 2024

Photos from the Lincoln’s Inn Open House 2024

Click any photo for a full size image from the Lincoln’s Inn Open House

Check out our related articles on Inns of Court, Council of the Inns of Court, Barristers, Direct Access Barrister, Bar Standards Board, Bar Tribunal and Adjudication Services, Bar Council, Barristers Behaving Badly, The Secret Barrister, Rule of Law, Open Justice and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Criminal Justice Police

Chief Constable Jo Shiner Sussex Police Retire, Rejoin and a Samosa

Jo Shiner Chief Constable Sussex Police

Jo Shiner was formally announced as Chief Constable of Sussex Police on the the 30th June 2020.

On the 9th September 2024 an article was published on the BBC News Chief constable ‘retires’ for a month before return. It was also posted on the BBC Sussex X account @1.32pm Sussex Police Chief Constable Jo Shiner has retired from the force – but is set to rejoin after a short break

The article states that Jo Shiner, Sussex Police first female chief constable, formally retired on the 31st August 2024.

As part of Sussex Police Retire and Rejoin scheme, Jo Shiner will be formally recommended by the Sussex Police and Crime Commissioner (PCC) to rejoin as chief constable after a month.

The Home Office publish the legal requirements and principles for the appointment of Chief Constables (CCs) in Selection and appointment of Chief Officers. The College of Policing publish Guidance, information and access to services for appointing chief officers Get help with appointing a chief officer .

Why did Sussex Police wait 9 days to inform the public ? Surely Sussex Police have a duty to let Sussex residents know that their Chief Constable has retired ? Not very transparent and almost as if the Police have something to hide.

According to documents in the Sussex Police and Crime Panel – Public Document Pack for 27th September 2024 Meeting Jo Shiner retired on the 30th August 2024 and not the 31st August 2024 as reported by the BBC.

In the same document pack, there is a copy of the letter Jo Shiner wrote to the Sussex PCC on the 14th June 2024. The Sussex PCC replied on the 25th June 2024. The Police Reform and Social Responsibility Act 2011 requires a transparent and open process. Why did the PCC stay quiet until the 10th September 2024 ?

I am still perplexed how the Chief Constable of Sussex Police can retire (and be rehired next month by the PCC), an Acting Chief Constable be appointed and the people of Sussex (and the UK) were not told.

On the 10th September 2024, 10 days after the Chief Constable of Sussex Police Jo Shiner “retired” the Sussex Police and Crime Commissioner formally notified the Sussex Police and Crime Panel about the proposal to appoint. Sounds very dodgy…..

part_i_public_agenda_pack_sussex_pcp_270924Download

Confirmation Hearing for the Proposed Chief Constable of
Sussex Police (Pages 37 – 58)

On 10 September, the Panel was formally notified of the
proposal of Sussex Police and Crime Commissioner to appoint a
Chief Constable of Sussex Police.
The attached report by the Clerk to the Panel provides details of
the Panel’s role in the confirmation hearing for the proposed
appointment of the Chief Constable of Sussex Police.
The appendices and annexes to the report comprise information
from the Police and Crime Commissioner regarding the
proposed appointment.
The Panel is to ask the candidate questions relating to their
professional competence and personal independence.

Sussex Police and Crime Panel – Public Document Pack for 27th September 2024 Meeting

Watch the Confirmation Hearing for the Proposed Chief Constable of Sussex Police held on the 27th September 2024 by the Sussex Police and Crime Panel.

The Sussex Police and Crime Commissioner also provided answers to questions in advance of the meeting.

Sussex PCP_written_questions_27092024Download

“Delivering an Outstanding Service ! Synergy !”

My achievement as Chief Constable -“Really Hard Work and Efforts of Others”

Jo Shiner – Sussex Police “Chief Constable” – 27th September 2024
Sussex PCP_letter_to_commissioner_bourne_30092024Download
Sussex PCP_reappointment_chief_constableDownload

On the 1st October 2024 Jo Shiner was reappointed as the Chief Constable of Sussex Police until 2027 after a short break under the Retire and Rejoin scheme.

The latest HMICFRS inspection of Sussex Police PEEL 2021/22 was published on the 13th April 2023 ? Should we continue to reward failure ? Is Jo Shiner the best person Sussex Police have for the job ?

What is a Police and Crime Commissioner and a Police and Crime Panel ?

“This way she can start claiming her pension and, on her return get her full salary without any pension deductions. Nice work if you can get it. If she has retired the job needs to go through the correct selection process.”

@happy_marv on X

There was no announcement on the Sussex Police News website…..however the reason for the BBC news article and announcement may become clear. ⬇

An email was sent to the Sussex Police Media Team on Monday 9th September in relation to a Facebook post about gifts of Samosa’s to Crawley Police. The email also asked questions about the Senior Leadership including Chief Constable Jo Shiner missing from the Sussex Police website……

From: Dom Watts
Sent: Monday, September 9, 2024 10:06 AM
To: [email protected]
Cc: [email protected]; [email protected]
Subject: Crawley Police and the Gifts, Gratuities and Hospitality Policy – Facebook Samosa Gifts

Dear Sussex Police Media Team

(cc Katy Bourne Sussex PCC and Sussex Police PSD)

I am a citizen journalist at the Ministry of Injustice website and also a Crawley resident. I am currently writing an article in response to a post made by Crawley Police on their Facebook page (As below) on Friday 6th September 2024 about gifts of Samosa’s to the Police on World Samosa Day (5th September 2024).

This Facebook post is another terrible social media post by Crawley Police, and is not a great optic for the Police at a time of greater scrutiny in light of public claims of two tier policing.

In my opinion, The Gifts, Gratuities and Hospitality Policy (Surrey and Sussex) (1201/2022) https://www.sussex.police.uk/SysSiteAssets/foi-media/sussex/policies/gifts-gratuities-and-hospitality-policy-surrey-and-sussex-1201.pdf   applies to these gifts……I also deem the value to exceed £20. The Facebook post implies that the samosa’s have been eaten  so it is highly unlikely that approval from the JFVU was obtained.

1.3 As a guiding principle, Police Officers, Special Constables and Police Staff must not accept the offer of any gift, gratuity, favour or hospitality without prior approval from the JFVU. This allows an independent assessment of any potential compromise or conflict of interest.  

1.4 Offers of a gift, gratuity or hospitality vary widely and could range from a reasonable display of gratitude and common courtesy, which does not breach integrity of any party, through to criminal offences such as a breach of the Bribery Act 2010 (legislation.gov.uk)

3.1 All gifts, gratuities and hospitality require approval from the JFVU before they can be accepted. Police Officers, Special Constables and Police Staff must complete an application form as soon as possible or within a maximum of 7 days from the receipt of the gift, gratuity or prior to any hospitality offered. The gift, gratuity or hospitality must remain with the applicant’s line manager, until approval has been given from the JFVU.

4.3 The Gift, Gratuity and Hospitality policy is intended to manage low value items only and as a guide an upper limit of £20 is considered appropriate.

Could you please provide any comments on the following please :-

  • Was advice Sought from the  Joint Force Vetting Unit (JFVU) in accepting these gifts ?
  • Have these gifts been recorded by the JFVU ?
  • Did Superintendent Nick Dias or Chief Inspector Will Keating-Jones accept the gifts ? Was it another officer ?
  • Does the photo show all the samosa’s that were gifted ? How many Samosa’s were gifted ?
  • Was the health and safety of the Front Line officers considered when accepting these gifts ?
  • What is the benefit to policing in accepting these gifts ?
  • Do senior officers in Sussex Police regularly take time away from policing to accept freebies and photo opportunities ?

In relation to the Senior Leaders page on the Sussex Police website https://www.sussex.police.uk/police-forces/sussex-police/areas/au/about-us/senior-leaders/, this is either badly out of date or poorly maintained…..

I believe that Jo Shiner was made Chief Constable in July 2020

  • Could you please arrange for this page to be updated along with any missing bio’s. Can you please share any publicity photos of these senior officers ?

In the latest HMICFRS PEEL assessment for Sussex Police, responding to the public was deemed Inadequate.

@[email protected] If any offences have been committed by Superintendent Nick Dias, Chief Inspector Will Keating-Jones or any other officers,  could you please furnish me with a crime number and PSD reference.

To be clear, I am not a racist or from the far right. My aunt is of Asian descent and makes brilliant Samosa’s !

Thanks for your time and I look forward to your response.

Regards

Email to Sussex Police Media Team 9th September 2024
Crawley Police World Samosa Day 2024 Facebook
District Superintendent Nick Dias of Crawley Police and the Samosa’s

**Update** The gift of Samosas was duly recorded in the Sussex Police Gifts Register for Quarter 2 2024 which was created on the 3rd October 2024.

sussex-police-gifts-and-hospitality–quarter-2—01.07.2024—30.09.2024—annonymisedDownload

Is news about gifts of Samosa’s more important to the public than the retirement of the Chief Constable ?

An email response was received from Sussex Police Media Team……..

From: <[email protected]>
Sent: Monday, September 9, 2024 12:19 PM
To: Dom Watts
Cc: [email protected]; PSD Main <[email protected]>
Subject: RE: Crawley Police and the Gifts, Gratuities and Hospitality Policy – Facebook Samosa Gifts

Good afternoon Dom,

Thank you for your email. I hope this gives some clarification regarding the samosas which were received at Crawley police station from Ashwin Soni, Director of Diverse Crawley.

Samosas were delivered to police and other emergency services by Ashwin to help celebrate World Samosa Day.

Ashwin is a valued member of the community as well as a member of multiple independent advisory groups who work closely with Sussex Police.

This kind gesture was gratefully received by Superintendent Nick Dias and Chief Inspector Will Keating-Jones, who is the Hindu Faith lead for Sussex Police, as part of their ongoing engagements with the local community and stakeholders, a core part of senior officers’ duties.

The gift of around 40 samosas was inputted on the Gifts Register and forwarded to vetting for awareness. 

Thank you for highlighting information on our website.

Will Keating-Jones was promoted to Chief Inspector, which will be reflected on the website. Superintendent Imran Asghar’s rank is correct.

In relation to the Chief Constable, please can I direct your request to the Office of the Police and Crime Commissioner for Sussex?

I hope this answers any questions you may have. If you require any more information, please do let me know.

Many thanks

Email response from Sussex Police Media Team 9th September 2024

A follow up email was sent to the Sussex Police Media Team and the Sussex Police and Crime Commissioner

From: Dom Watts
Sent: Tuesday, September 10, 2024 10:08 AM
To: <[email protected]>; [email protected]
Subject: RE: Crawley Police and the Gifts, Gratuities and Hospitality Policy – Facebook Samosa Gifts
Importance: High

Good Morning xxx

Many thanks for your speedy reply, for clarifying the correct procedure was followed in relation to the “gifts” and for updating the Sussex Police Senior Leadership page.

I see that the reason for your response “In relation to the Chief Constable, please can I direct your request to the Office of the Police and Crime Commissioner for Sussex?”

was answered by the BBC @ 1.32pm the same day

@[email protected] Why did Sussex Police wait 9 days to inform the public ? Surely Sussex Police have a duty to let Sussex residents know that their Chief Constable has retired ? Not very transparent and almost as if the Police have something to hide. Could you please reply to me separately about this ?

FYI I have now published the article. https://ministryofinjustice.co.uk/chief-constable-jo-shiner-sussex-police-retire-rejoin-and-a-samosa/

If you would you like to provide a comment in response, I am quite happy to publish this.

Thanks and Regards

Email to the Sussex Police Media Team and the Sussex Police and Crime Commissioner 10th September 2024
Sussex Police Chief Constable Jo Shiner has retired from the force – but is set to rejoin after a short break – BBC Sussex on X
Jo Shiner, Sussex Police Chief Constable, formally retired on the 31st August 2024 but will return in a month !

The Sussex Police and Crime Panel met on Friday 27 September 2024 (10.30am start) at County Hall, Lewes. The deadline for residents to submit written questions is 12 noon on Friday 13 September 2024…..

From: Dom Watts
Sent: Thursday, September 12, 2024 9:16 AM
To: [email protected]
Subject: Written questions to the Sussex PCP Meeting 27th September 2024

Dear Sussex Police and Crime Panel

The deadline for residents to submit written questions is 12 noon on Friday 13 September 2024.

I am perplexed how the Chief Constable of Sussex Police can retire (and be rehired next month by the PCC), an Acting Chief Constable be appointed and the people of Sussex (and the UK) were not told.

Chief Constable Jo Shiner Sussex Police Retire, Rejoin and a Samosa
Chief Constable Jo Shiner Sussex Police

Could you please ask the PCC :-

  1. Why the public were not told ?
  1. Why did Sussex Police wait 9 days to inform the public via the BBC ? Surely Sussex Police have a duty to let Sussex residents know that their Chief Constable has retired ?
  1. Is there something to hide ? Not very transparent and almost as if the PCC/Police have something to hide.

There is no need to withhold my name.

Email to Sussex Police and Crime Panel 12th September 2024
Sussex Police and Crime Panel Acknowledgement
Sussex Police and Crime Panel acknowledgement 12th September 2024

My questions to the Sussex PCP have been accepted….

From: Ninesh Edwards <[email protected]> On Behalf Of Police Crime Panel
Sent: Thursday, September 12, 2024 3:46 PM
To: Dom Watts
Cc: Tiffany Taylor ; Jack Bacon
Subject: Your written Question

Hello again Dominic,

I can confirm that your question(s) have been accepted as written questions for the meeting on 27 September.

The PCC’s written response will be published just before the meeting (available via the link given in 3. below) and the members of the Panel can ask supplementary questions at the meeting, having read the Commissioner’s response.

  1. You can follow the meeting live on 27 September via the webcast here: https://eastsussex.public-i.tv/core/portal/home. The meeting is being held in public, but the public can only observe (i.e. not participate). The meeting will be in Lewes, East Sussex, and will start at 10:30.
  1. The papers for the meeting will be published here (on or around 19 September): https://sussexpcp.gov.uk/meetings/. As stated above, the report for the “Questions for the Commissioner” item will be updated on the morning of the meeting, to include the PCC’s written responses.

All best,

Sussex Police and Crime Panel Question accepted email 12th September 2024

Jo Shiner Biography before Appointment as Chief Constable

Jo Shiner joined Sussex Police as Deputy Chief Constable at the end of 2018. She started her policing career in Norfolk in 1993, serving up to the rank of Chief Superintendent before transferring on promotion to Kent as Assistant Chief Constable in 2014.

Jo’s career in the police spans 28 years, during which time she has undertaken a wide variety of roles. These have predominantly been operational, both in uniform and within the Child and Adult Protection Unit, CID and as a firearms, public order and critical incident commander.

As Deputy Chief Constable, Jo is responsible for the smooth and effective running of Sussex Police, and delivering the services that the communities deserve. As part of this she is passionate about supporting local groups and addressing issues that really matter to our communities.

In January 2020 she took over the NPCC National Lead for the policing of Children and Young People. She is also the NPCC National Lead for police fitness.

Chief Constable Jo Shiner of Sussex Police Bio 2020 – Sussex Police & Crime Commissioner (SPCC)
How to a Cook a Poppadom – Aunty Watts 🙂

Check out our articles on Police Professional Standards Department (PSD), Independent Office for Police Conduct (IOPC), Police Public Confidence and Engagement, Sussex Police, Policing, Police News, Policing by Consent, Police Impartiality, Two Tiered Policing, Thought Police, Wasting Police Time, What is a Police and Crime Commissioner ?, Police Community Support Officers (PCSO), Met Police, R v Sussex Justices and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Criminal Justice Police

What is a Police and Crime Commissioner and a Police and Crime Panel ?

Police and Crime Commissioner and a Police and Crime Panel

Police and Crime Commissioners (PCCs) are directly elected politicians and are responsible for overseeing the non-operational aspects of policing. Their journey began in 2012 when they replaced the old police authorities. Since then, it is said that PCCs have been diligently working to secure an “efficient and effective” police force for their respective areas.

In England and Wales, PCCs are elected by the public to hold the police force to account on their behalf. PCCs aim to cut crime and deliver an effective and efficient police service within their police force area. Police and Crime Commissioners: make sure the police force budget is spent effectively.

Police and Crime Commissioners – Electoral Commission
  • Election: PCCs are elected by the public. On the 2nd May 2024, elections took place for 37 police and crime commissioners (PCCs) who set policing priorities and hold to account police forces across most of England and Wales. Police & Crime Commissioner elections are held every 4 years.
  • Coverage: They represent every police force area in England and Wales, except for London, Greater Manchester, and West Yorkshire (where elected mayors hold these powers). Different arrangements exist in the City of London. Scotland and Northern Ireland have separate policing structures due to devolution. Police and crime commissioners for each police area listed in Schedule 1 to the Police Act 1996 (police areas outside London).

The Powers and Functions of PCCs

  1. Appointing and Holding to Account:
    • PCCs appoint and, if necessary, dismiss the chief constable. This role is critical for maintaining effective leadership within the police force.
    • They hold the chief constable accountable for delivering the police and crime plan, which outlines local policing priorities.
  2. Setting Objectives and Budgets:
    • PCCs set the police and crime objectives for their area through a comprehensive plan.
    • They also determine the force budget and decide on the precept which is a council tax charge specifically for policing.
  3. Collaboration and Coordination:
    • PCCs bring together various community safety and criminal justice partners to ensure that local priorities are aligned.
    • While they’re not responsible for operational policing (that remains with chief constables), they play a crucial role in coordinating efforts.
  4. Operational Independence:
    • The relationship between PCCs and chief constables is guided by the Policing Protocol Order 2011. It emphasizes safeguarding operational independence while allowing PCCs to fulfil their statutory roles.
    • Additionally, the Policing and Crime Act 2017 introduced the possibility for PCCs to take on responsibility for fire and rescue governance, becoming a police, fire, and crime commissioner (PFCC).

Legislation

The Police Reform and Social Responsibility Act 2011 outlines the functions and responsibilities of PCCs.

Under the terms of the 2011 Act, PCCs must:

  • secure an efficient and effective police for their area
  • appoint the Chief Constable, hold them to account, and if necessary dismiss them
  • set the police and crime objectives for their area through a police and crime plan
  • set the force budget and determine the precept [the amount people pay through council tax for policing]
  • contribute to the national and international policing capabilities set out by the Home Secretary
  • bring together community safety and criminal justice partners to make sure local priorities are joined up.

How to complain about a Police and Crime Commissioner

To complain about your Police and Crime Commissioner (PCC), PFCC, mayor or deputy mayor for policing and crime, contact your local police and crime panel. Your local council will provide contact details.

If you think your PCC has broken the law, the panel will refer your case to the Independent Office for Police Conduct (IOPC). You can also contact the IOPC directly.

What is the Role of the Police and Crime Panel ?

Each police force area has a Police and Crime Panel to provide checks and balances in relation to the performance of the Police and Crime Commissioner. The role of the Panel is to scrutinise the performance of the Commissioner and ensure transparency.

In Sussex, for example, the Sussex Police and Crime Panel meets a minimum of four times a year.

According to Paragraph 24 of The Policing Protocol Order 2023, a Police and Crime Panel have the following powers :

The Panel provides checks and balances in relation to the performance of the PCC. The Panel does not scrutinise the Chief Constable – it scrutinises the PCC’s exercise of their statutory functions. While the Panel is there to challenge the PCC, it must also exercise its functions with a view to supporting the effective exercise of the PCC’s functions. This includes :-

(a) the power of veto (outside the Metropolitan Police District), by a two-thirds majority of the total Panel membership, over the level of the PCC’s proposed precept;

(b) the power of veto (outside the Metropolitan Police District), by a two-thirds majority of the total Panel membership, over the PCC’s proposed candidate for Chief Constable;

(c) the power to ask His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (“HMICFRS”) for a professional view when the PCC intends to dismiss a Chief Constable;

(d) the power to review the draft Plan and make recommendations to the PCC who must have regard to them;

(e) the power to review the PCC’s Annual Report and make reports and recommendations at a public meeting, which the PCC must attend;

(f) the power to require relevant reports and information in the PCC’s possession (except those which are operationally sensitive) to enable them to fulfil their statutory obligations;

(g) the power to require the PCC to attend the Panel to answer questions;

(h) the power (outside the Metropolitan Police District) to appoint an acting Police and Crime Commissioner where the incumbent PCC is incapacitated, resigns or is disqualified, and

(i) responsibility for complaints about a PCC, although serious complaints and conduct matters must be passed to the IOPC in line with legislation.

Under the Police (Complaints and Misconduct) Regulations 2020, the Police and Crime Commissioner has responsibility for carrying out reviews, where they are the relevant review body for low-level complaints against the Police (known as Schedule 3 Complaints – Otherwise by Investigation’ under the Police Reform Act 2002).

A Police and Crime Panel does not have the power to examine the decisions reached by the Police and Crime Commissioner (PCC) and/or their office in respect of such reviews, and is not the correct body of recourse to challenge such decisions made the PCC and/or their office. Such decisions can be subject to judicial review.

Check out our articles on Chief Constable Jo Shiner Sussex Police, Sussex Police, Policing, Police News, Policing by Consent, Two Tiered Policing, Wasting Police Time and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Rule of Law - Open Justice - Policing By Consent