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Police and crime commissioner

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Police and crime commissioner

Law enforcement
in the United Kingdom
Topics
Equipment
Types of agency
Types of agent
Concepts
Acts
Statutory Instruments

A police and crime commissioner is an elected official in England and Wales charged with securing efficient and effective policing of a police area. Commissioners are elected for four-year terms. The first incumbents were elected on 15 November 2012. Commissioners replaced the now abolished police authorities.

Separate arrangements exist for London and, it is proposed, for Greater Manchester.[1] Policing in Scotland and Northern Ireland has been devolved to the Scottish Parliament and Northern Ireland Assembly, respectively. In Scotland, the Cabinet Secretary for Justice serves in a similar capacity for Police Scotland while in Northern Ireland, the Minister of Justice fulfills a similar role for the Police Service of Northern Ireland.

The post of police and crime commissioner should not be confused with the police rank of "Commissioner", held by the chief police officers for the Metropolitan Police Service and the City of London Police, which cover the two police areas in London.

Background

In the 2010 British general election campaign, both the Conservative Party and Liberal Democrats' manifestos outlined plans, respectively, to replace or reform the existing police authorities, both parties raising concerns about the perceived lack of accountability of police authorities to the communities they serve. Following the election the 2010 Conservative – Liberal Democrat coalition agreement set out that:

Later in 2010 the Government published 'Policing in the 21st Century', a consultation on the Government's vision for policing, including the introduction of police and crime commissioners. This was followed by the introduction of the Police Reform and Social Responsibility Bill into Parliament in December 2010. The Bill received Royal Assent on 15 September 2011, becoming the Police Reform and Social Responsibility Act 2011.[3]

The first elections for police and crime commissioners were held on 15 November 2012, and the new commissioners took office on 22 November 2012. They replaced the existing police authority framework. The next elections will take place in May 2016 and every four years after that

The Association of Police and Crime Commissioners has been commissioned by the Home Office to facilitate co-ordination, representation and support for police and crime commissioners and police governance bodies from November 2012. http://www.apccs.police.uk

Eligibility for election

Candidates must be 18 or over and registered to vote within the police area on the date of nomination. Members of the House of Lords are not barred from standing. Members of the House of Commons are not barred from standing but, if they win, they must resign before they can take up a PCC appointment.

Those disqualified from standing/continuing to hold office include:

  • Anyone nominated as a candidate at a police and crime commissioner election taking place on the same day for a different police area.
  • Anyone who is not a British, European Union or qualifying Commonwealth citizen. (A qualifying Commonwealth citizen is a Commonwealth citizen who either does not need leave to enter or remain or has indefinite leave to remain in the UK.)[4]
  • Anyone who has ever been convicted of an imprisonable offence irrespective of whether they actually were imprisoned or whether the conviction is "spent".
  • Anyone who is a police officer or is directly or indirectly employed by the police.
  • Anyone who is disqualified under certain provisions of the House of Commons Disqualification Act 1975 including civil servants, members of the armed forces or the holders of any judicial offices specified in Part 1 of Schedule 1 of the House of Commons Disqualification Act 1975 (as amended).
  • Anyone who is a member of the legislature of any country or territory outside the UK.
  • Anyone who is a member of staff of a local council that falls wholly or partly within the police area in which the election is to be held - including anyone employed in an organisation that is under the control of a local council in the police area for which the election is to be held.
  • Anyone who is the subject of a debt relief order or interim order, a bankruptcy restrictions order or interim order, or a debt relief restrictions undertaking.
  • Anyone who is disqualified under the Representation of the People Act 1983 (which covers corrupt or illegal electoral practices and offences relating to donations) or under the Audit Commission Act 1998.

Candidates must secure the signatures of 100 people registered to vote within the force area in which they wish to stand and must pay a deposit of £5,000.

Nominations for the 2012 elections closed at 12:00 on 19 October 2012.[5]

Oath of impartiality

On 16 August 2012 the Home Office announced that every newly elected police and crime commissioner would be required to swear an "oath of impartiality" before taking office. The oath reads:[6]

The Minister for Policing and Criminal Justice, Nick Herbert said:[6]

Police and crime commissioners will be important public servants and it is right that they make a formal public commitment to the communities they will serve. Although police and crime commissioners may stand for a political party, the public will expect them to represent all the people in their area impartially, without fear or favour. The swearing of an oath will be an important symbol of this impartiality, emphasising both the significance of this new role in local communities and that commissioners are there to serve the people, not a political party or any one section of their electorate. An oath will also underline the particular importance of even-handedness in an office which holds to account the local chief constable and police force who themselves are bound to serve impartially.

The newly formed Association of Police and Crime Commissioners, set up to act as an "umbrella body" for the elected PCCs, announced it had been asked by the Home Office to "seek views from police authorities and prospective candidates on the wording of the oath".[7] By the time the first police and crime commissioner had been elected, in November 2012, the original Home Office text of the "Oath of Impartiality" had been significantly modified. As an example, this is the amended oath actually delivered by the police and crime commissioner for Avon and Somerset:

In South Wales the title "Oath of Impartiality" was replaced by the term "Oath of Office" on the PCC's website with no mention of "impartiality".[8] In other police areas, like Thames Valley, the PCC's website describes it simply as "The Oath".[9]

The written form of the oath which is signed by all PCCs on taking office is not headed "Oath of Impartiality" but "Declaration of Acceptance of Office" [10]

Role and functions

The core functions of police and crime commissioners are to secure the maintenance of an efficient and effective police force within their area, and to hold the Chief constable to account for the delivery of the police and crime plan.[11] Police and crime commissioners will be charged with holding the police fund (from which all policing of the area is financed) and raising the local policing precept from council tax.[12] Police and crime commissioners will also be responsible for the appointment, suspension and dismissal of the Chief Constable.[13]

Police and crime plans

Shortly after their election to office, a police and crime commissioner must produce a "police and crime plan". That plan must include his or her objectives for policing, what resources will be provided to the Chief Constable and how performance will be measured.[14] Both the police and crime commissioner and the Chief Constable must have regard to the police and crime plan in the exercise of their duties. The PCC is required to produce an annual report to the public on progress in policing.[15]

Police funding

Police and crime commissioners hold the 'police fund', from which all policing is financed. The bulk of funding for the police fund comes from the Home Office in the form of an annual grant (calculated on a proportionate basis by the Home Office to take into account the differences between the 43 forces in England and Wales, which vary significantly in terms of population, geographical size, crime levels and trends), though Commissioners will also set a precept on the Council Tax to raise additional funds. Plans under the Localism Bill will trigger a referendum where a Commissioner intends to increase the precept by an amount deemed to be excessive (as defined in the Localism Bill). It will be the Commissioner's responsibility to set the budget for the force area, which includes allocating enough money from the overall policing budget to ensure that he or she can discharge his or her own functions effectively.

Police and crime panels

The Police Reform and Social Responsibility Act 2011 established police and crime panels within each force area in England and Wales (excluding Greater London).[16] These panels consist of at least one representative from each local authority in that area, and at least two independent members co-opted by the panel.[17]

Panels are responsible for scrutinising commissioners' decisions and ensuring this information is available to the public. They must review the commissioner's draft police and crime plan and draft annual report before publication, and the commissioner must give their comments due consideration. A Police and Crime Panel may require the attendance of the commissioner or a member of his or her staff at any time, and may suspend a commissioner from office where he or she is charged with a serious criminal offence.[18] Police and crime panels will be able to veto a Commissioner's proposed precept or proposed candidate for Chief Constable by a two-thirds majority.[19]

A National Audit Office report published in January 2014 found that there were "few checks and balances" on the 41 commissioners between elections. It said police and crime panels, which were set up to scrutinise PCCs, "lack powers" to act on the information they receive. [20]

Office-holders

Elections

Summary of election results in November 2012:

England

Police and crime commissioners of England
Police area Police and crime commissioner
Avon and Somerset Constabulary Sue Mountstevens (Independent)
Bedfordshire Police Olly Martins (Labour)
Cambridgeshire Constabulary Graham Bright (Conservative)
Cheshire Constabulary John Dwyer (Conservative)
Cleveland Police Barry Coppinger (Labour)
Cumbria Constabulary Richard Rhodes (Conservative)
Derbyshire Constabulary Alan Charles (Labour)
Devon and Cornwall Police Tony Hogg (Conservative)
Dorset Police Martyn Underhill (Independent)
Durham Constabulary Ron Hogg (Labour)
Essex Police Nicholas Alston (Conservative)
Gloucestershire Constabulary Martin Surl (Independent)
Greater Manchester Police Tony Lloyd (Labour, Greater Manchester Police and Crime Commissioner)
Hampshire Constabulary Simon Hayes (Independent)
Hertfordshire Constabulary David Lloyd (Conservative)
Humberside Police Matthew Grove (Conservative)
Kent Police Ann Barnes (Independent)
Lancashire Constabulary Clive Grunshaw (Labour)
Leicestershire Police Clive Loader (Conservative)
Lincolnshire Police Alan Hardwick (Independent)
Merseyside Police Jane Kennedy (Labour)
Norfolk Constabulary Stephen Bett (Independent)
Northamptonshire Police Adam Simmonds (Conservative)
Northumbria Police Vera Baird (Labour)
North Yorkshire Julia Mulligan (Conservative)
Nottinghamshire Police Paddy Tipping (Labour)
South Yorkshire Police Alan Billings (Labour)
Staffordshire Police Matthew Ellis (Conservative)
Suffolk Constabulary Tim Passmore (Conservative)
Surrey Police Kevin Hurley (Zero Tolerance Policing)
Sussex Police Katy Bourne (Conservative)
Thames Valley Police Anthony Stansfeld (Conservative)
Warwickshire Police Ron Ball (Independent)
West Mercia Police Bill Longmore (Independent)
West Midlands Police David Jamieson (Labour), following the by-election resulting from the death of Bob Jones
West Midlands Police and Crime Commissioner
West Yorkshire Police Mark Burns-Williamson (Labour)
Wiltshire Police Angus Macpherson (Conservative)

In Greater London there are two police forces. The City of London is policed by the City of London Police and the City of London Corporation is the police authority. The Metropolitan Police District is policed by the Metropolitan Police Service and the Mayor of London is the police authority through the Mayor's Office for Policing and Crime. The mayor may also appoint a Deputy Mayor for Policing and Crime to act on his behalf.[21]

Wales

Police and crime commissioners of Wales
Police area Police and crime commissioner
Dyfed-Powys Police Christopher Salmon (Conservative)
Gwent Police Ian Johnston (Independent)
North Wales Police Winston Roddick (Independent)
South Wales Police Alun Michael (Labour Co-operative)

References

  1. ^ "Manchester to get elected mayor". BBC News. 3 November 2014. 
  2. ^ "The Coalition: our programme for government". UK Cabinet Office Website. Retrieved 28 September 2011. 
  3. ^ "Police Reform and Social Responsibility Bill Progress". UK Parliament Website. Retrieved 28 September 2011. 
  4. ^ "Police Reform and Social Responsibility Act 2011, Section 68". Legislation.gov.uk. Retrieved 2013-04-01. 
  5. ^ "Police and Crime Commissioner elections". Electoral Commission. Retrieved 2013-04-01. 
  6. ^ a b "Police and crime commissioners to swear an oath of impartiality - News stories - Inside Government - GOV.UK". Homeoffice.gov.uk. 2012-08-16. Retrieved 2013-04-01. 
  7. ^ "Association of Police and Crime Commissioners". Apccs.police.uk. Retrieved 2013-04-01. 
  8. ^ [1]
  9. ^ "The Oath". Thamesvalley-pcc.gov.uk. Retrieved 2013-04-01. 
  10. ^ "Oath of Impartiality". Avonandsomerset-pcc.gov.uk. Retrieved 2013-04-01. 
  11. ^ "Police Reform and Social Responsibility Act 2011 (Section 1)". UK Legislation. Retrieved 28 September 2011. 
  12. ^ "Police Reform and Social Responsibility Act 2011 (Chapter 3)". UK Legislation. Retrieved 28 September 2011. 
  13. ^ "Police Reform and Social Responsibility Act 2011 (Chapter 5)". UK Legislation. Retrieved 28 September 2011. 
  14. ^ "Police Reform and Social Responsibility Act 2011 (Sections 7 and 9)". UK Legislation. Retrieved 28 September 2011. 
  15. ^ "Police Reform and Social Responsibility Act 2011 (Section 12)". UK Legislation. Retrieved 28 September 2011. 
  16. ^ "Police Reform and Social Responsibility Act 2011 (Section 28)". UK Legislation. Retrieved 28 September 2011. 
  17. ^ "Police Reform and Social Responsibility Act 2011 (Schedule 6)". UK Legislation. Retrieved 28 September 2011. 
  18. ^ "Police Reform and Social Responsibility Act 2011 (Sections 28-30)". UK Legislation. Retrieved 28 September 2011. 
  19. ^ "Police Reform and Social Responsibility Act 2011 (Schedules 6 and 8)". UK Legislation. Retrieved 28 September 2011. 
  20. ^ "National Audit Office report". Retrieved 31 January 2014. 
  21. ^ "Police Reform and Social Responsibility Act 2011 (Section 3)". UK Legislation. Retrieved 28 September 2011. 

External links

  • Home Office Website - Police and Crime Commissioners Page
  • Police Crime Commissioner latest news website
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