The views expressed in this blog are mine, all mine and don't necessarily reflect those of the Police Service!
I hope that you wont be offended by anything I say, because no offence was intended.

Thursday 21 February 2008

Discretion

My mind drifted back to my days in Police Training School, the other day. I remember struggling to learn all my powers. I mentioned it to the instructor. He gave me a sound piece of advice. He said, "Just remember, that the greatest power you have, is the power of discretion." He also said, that arrest should be a last resort, because you are taking someone's liberty away from them.

Oh, how times have changed. Discretion is banned word nowadays. I am not allowed to use my discretion anymore. I'll give you an example.

Your at home with your wife/husband one evening, when you have a loud argument. Nothing serious or violent, just the way your two personalities deal with disagreements. Unfortunately, a plate gets accidentally broken during the shouting. However, a neighbour can hear the shouting and smashing and phones the Police, to complain about the noise. The call taker asks the neighbour what the problem is and he tells the call taker that you two are shouting and making too much noise and he heard the sound of smashing. The call taker asks who is in the house and the neighbour says that it is a man and a woman. The call taker then creates a log, with the immortal description of 'Domestic Disturbance'. Police will be directed to attend.

Now, in the good old days, I would have attended and spoken to you and your partner. If I was satisfied that it was nothing more than an argument, I would have given words of advice and left it at that.

Nowadays, as soon as the 'D' word has been used, then all discretion goes out of the window. You see, every Police Force in the land, has a positive action policy when it comes to dealing with domestics. What that means, is, the attending officer has got to justify why they have not arrested anyone. Yes, that's right, justification for not arresting! So, I would turn up at your house, with the intention of arresting someone. You and your partner will tell me that nothing has gone on. I will see the smashed crockery on the floor. I then decide that a breach of the peace has occurred and I arrest one of you (normally the man). I will also have to ask you some very personal questions, in order to complete a risk assessment. I will then visit the neighbour to find out more from them.
You or partner will then be taken to the Police Station and put in the cells. I will research your history to see if there is sufficient evidence to put you before a court for a bind over to keep the peace. If there is (which in this case there isn't) you will be kept in custody to attend the next available court. Alternatively, you will be released from custody once we are satisfied a breach of the peace is no longer likely to occurr.
You will return home, very resentful and having no respect for the Police. I will have completed a mountain of paperwork, for fu*k all and the domestic violence statistics will have risen again.

Will I have prevented a potential domestic murder? I doubt it. Will I have made you or your partner think twice before answering the door to the Police again. Most likely.

3 comments:

blueknight said...

Before anyone is pressurised into arresting someone for a BOP when there isn't one, this what the Court of Appeal had to say on the subject in 1998.
A man was locked out of the matrimonial home which he owned jointly with his wife, following a family dispute. The police told him, as was the fact, that his wife and children did not want him to re-enter the house and the police suggested that he leave the vicinity of the property until tempers had abated. He was arrested when he refused to leave and insisted that he wished to enter the house. Held: Where a constable made an arrest after a breach of the peace had quietened before arriving, but anticipating a further breach, he had to anticipate an immediate or imminent recurrence of a breach to justify the arrest. "The common law power of a police constable to arrest, where no actual breach of the peace has occurred but where he apprehended that such a breach might be caused by apparently lawful conduct, was exceptional and should be exercised by him only in the clearest circumstances when he was satisfied on reasonable grounds that a breach of the peace was about to occur or was imminent. There had to be a sufficiently real and present threat to the peace to justify the extreme step of depriving of his liberty the citizen who was not at the time acting unlawfully."
If the Govt are serious about tackling DV, why is that most of the Public Order Act cannot be committed in a dwelling and why is there no specific DV law, as in the USA

Rupert White said...

While i support your rant over lack of discretion in general, targets/paperwork/bureaucratic rubbish in policing and how positive action on domestic violence can have downsides for all concerned, I'm fairly sure the policy was emplaced to help those victims of abuse who weren't helped by discretion, or by the previous policies/laws, and who suffered for years without being able to do anything. I'm not advocating 'jailing innocent people to save a tiny minority', but perhaps this blog could do with any reports of numbers of people helped by the policy?

Bar that, keep up the sterling work!

Anonymous said...

Most of these people involved in domestic violence deserve each other. Next time they have an argument, lock both of them up.