Free Law Essay

Free 2.1 Law Essay

Struggling with your law essay?

If you're struggling with your law essay or problem question, then why not use our custom law essay writing service. You send us the law essay question and we give you the exact answer - in as little as 3 hours. We can help you when you need it most!

Unsure of how our ordering process works? Click here for a step-by-step essay ordering guide.

English Legal System. Q. The Home Office has issued a consultation paper 'Modernising Police Powers to meet Community Needs'. How do you think police powers should be modernised?

The consultation paper set out by the Home Office was issued in August 2004. The aim of which is to empower the police in order for them to act efficiently, effectively and proportionately so that crime is tackled and disorder in society is addressed. The purpose will in essence be to improve the quality of life in our neighbourhood and ensure safety.
A key aspect of the consultation paper described above is to enhance the relationship between the police and the community as a whole. The emphasis on the relationship is to secure public confidence in the police force so that the ability of the police to tackle crime is enhanced. A further aim is to ensure that police powers are aligned to the needs of policing in a changing environment of crime by reducing policy bureaucracy, providing more frontline officers, removing barriers that disenable effective identification of criminals.

The position currently as regards the consultation paper is that the Government is committed to legislating on many of the provisions in the consultation paper at the earliest opportunity. Certain aspects of police powers were identified in the consultation paper as needing extensions, clarification, simplification and modernising. The aim of the Government is to enable the police to perform their job effectively and dealing with issues that discourage or prevent the police from detecting and investigating crimes. Further, it aims to ensure that police powers are aligned to the needs of policing in a changing environment of crime by reducing policy bureaucracy, providing more frontline officers, removing barriers that disenable effective identification of criminals

Police powers are mainly incorporated in individual acts of Parliament and statutes but primarily can be found expanded in Police and Criminal Evidence Act 1984. Police and Criminal Evidence Act 1984 has added to it, codes of practice which deal with procedures and the interpretation of Police and Criminal Evidence Act into practical applications.

Responses to the consultation paper were published in January 2005. Many of those responding were particularly supportive of methods that aimed to deal with criminal activities and anti social behaviour. There was a general acknowledgment that change was definitely needed. In relation to arrest powers of officers, some areas were identified as needing immediate change such as the arrest powers in relation to breach of the peace. Under criminal litigation law, there are numerous public order offences, which exist and are available to deal with a number of possible offences. The existence of such an offence which in my submission is deminimis should correctly be abolished as it encourages waste of public resources.

The main areas for reform and modernisation identified in the consultation paper include arrest; search warrants; workforce modernisation; increasing prevention and detection powers in relation to drug offences, traffic matters, nuisances etcetera. In relation to powers of arrest, the recommendation wants to allow the police to arrest citizens for all offences including minor ones. At present, not all offences are arrestable, that is the police will be unable to arrest them for instance loitering. The change if it comes will have the potential of allowing a lot of police effort to be put to pursuing deminimis cases and a lot of police resources that can be put to use in other ways. My submission is that offences that are so minor should not be arrestable, they should remain as they are, so that police powers and resources can be directed towards where they are needed the most. Furthermore, the responses received to the consultation paper acknowledged the abolition of the common law power of breach of the peace. However, a few instances were recognised whereby the power could still be used under unique circumstances.

Another area of reform highlighted in the consultation paper relates to citizen's arrest. Clear guidelines should be set which details the exact definition and instances where such an arrest can be made by members of the public. A very important area which was identified and which received a lot of response relates to identification evidence and police powers. Identification power is to be made more effective under the recommendations contained in the consultation paper which will allow police to take DNA samples, fingerprint samples etcetera for analysis in order to better enhance the identification processes. Suspects will be more readily identified if they are linked to offences through their past or present involvement in criminal activities. Police powers will be greatly modernised in this area of identification evidence especially in relation to expansion of their powers so that they are allowed to obtain identification evidence form any public place as opposed to just in custody. This will in turn speed up court processes in some instances were for instance a suspect cannot be arrested for whatever reason especially and were identification is in issue. Being able to identify the person on the spot by linking him/her to a offence will go along way in curbing crime and reducing the number of those getting away with it.

Search warrants was also part of the areas of issue which respondents revealed concern for. This area is in need of modernisation and good points have been raised in the consultation paper. In relation to the present law, police officers are unable to search specific premises, and property and in particular were limited to searching premises once. The recommendations have suggested that an expansion of powers in this are is needed to make more efficient the criminal justice system. This will be achieved by abolishing the rule which limits entry to premises more than once and also allowing for searches to be one to the person.

The most innovative of the recommendations is the creation of community support officer roles to deal with traffic matters, issue warnings to beggars, taking on roles of custody officers at police station and the added ability to enforce local government laws. This will at least increase the focus of the police.