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
- 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.
- 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.
- 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.
- 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.
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What is a Police and Crime Commissioner and a Police and Crime Panel ? was last updated on the 6th October 2024
