Policy processes and police reform: Examining similarities and differences between Scotland and the Netherlands

During 2013 the national governments of both the Netherlands and Scotland have introduced radical reforms which have replaced largely autonomous regional police forces with a national police service. Despite these structural similarities, however, there are important differences in the underlying processes which have shaped these reforms and the broader narratives about policing which have informed public and policy discourses.The purpose of this paper is to understand the underlying dynamics of these police reforms. Following an overview of concepts drawn from the public policy literature regarding policy change, the paper describes in detail the structural changes to policing that have occurred in both countries. These structural changes relate not just to the spatial re-organization of policing but also to the structure of police governance and accountability. The focus then shifts to disentangling key aspects of the decision-making processes which led to the reforms drawing on Kingdon's analysis of policy change and policy formation. The paper concludes with a broader discussion of the similarities and differences in police reform in the two countries, highlighting important issues regarding the significance of political context, debates around localism and policing, and narratives regarding a normative vision of the police role.     

Adapting the Police Authority Concept to a Centralised National Police Service: Appearance over Substance in the Republic of Ireland?

The Republic of Ireland has been convulsed by a series of police corruption scandals over the past fifteen years and they show no sign of abating. In 2015, in an attempt to stem the consequent drain in public confidence in the Garda, the government established a Policing Authority which it presented as ‘the most important single change in the governance of the Garda Síochána in its history’. This article critically examines whether the new Irish Policing Authority can be interpreted as a successful adaptation of the traditional police authority concept to a parliamentary democracy policed by a single, national body. In particular, it considers whether it is equipped to shield the Garda and policing from the influence of partisan political and institutional interests, while at the same time deliver transparent democratic scrutiny of the Garda and policing on behalf of all sections of the community.     

Governance, accountability and neighbourhood policing in Northern Ireland: analysing the role of public meetings

In Northern Ireland??s move from conflict to peace, policing has remained close to the top of the political agenda. As part of the peace process, the Independent Commission on Policing (ICP) reported in 1999, and since its publication policing structures in Northern Ireland have undergone considerable reform. One of the threads of the ICP was to introduce a more nodal or networked approach to the delivery of policing that included the establishment of partnership policing structures. Against this backdrop, this article evaluates the use of the recently established Partners and Communities Together (PACT) public meetings in their role as a tool in re-shaping the parameters police accountability in Northern Ireland. The model is explicitly promoted as fostering a more nodal approach to local police decision making by engaging with a more diverse range of groups and harnessing the knowledge of local agencies to solve crime and disorder problems. Therefore, enhancing the accountability and legitimacy of the PSNI at the local level. In these contexts, the article utilises data taken from fieldwork undertaken at these public meetings and critically considers their role as forums where communities bring low level disorder issues that are affecting their neighbourhood to the attention of the PSNI, and whether they help solve these issues in partnership. The article therefore offers an examination of the role of public meetings and the PACT model itself.     

Police Cooperation across the Irish Border: Familiarity Breeding Contempt for Transparency and Accountability

This article critically examines the practice, methods, and regulation of cross‐border police cooperation between the Republic of Ireland and Northern Ireland. Despite legal and political divisions, police cooperation has survived and flourished in recent years especially among police officers on the ground. By comparison, the development of transparent regulatory and accountability structures and processes has been disappointing. While there have been domestic initiatives at the intergovernmental and legislative levels, these have tended to emphasize the centrality of direct engagement between the police chiefs and senior civil servants at the expense of formal transparent procedures. EU instruments have been marginalized as the police forces and their administrations prefer informal networks and force‐to‐force agreements which, it is argued, shield cross‐border police cooperation from standards of transparency, oversight, and accountability which are essential to its legitimacy. They also highlight the limitations of the current EU legislative approach to cross‐border police cooperation.     

完善政府环境责任的若干思考

政府环境责任不完善是环境立法存在的根本问题。完善政府环境责任的根本之举是落实环境民主,重点是公众参与环境立法;完善政府环境责任需要环境理念的改变,从管理走向治理,实现环境善治;完善政府环境责任还需要改革现行的环境立法体制,由行政主导变为立法主导。     

Computer says no: technology and accountability in policing traffic stops

The Road Traffic Act 1988 gives police in the United Kingdom the power to seize motor vehicles which they have reasonable grounds for believing are being driven without a valid driver??s licence or motor insurance. Drivers may then have to pay a fee to have their vehicles returned. When exercising this power of seizure, the police may rely on information contained on the Police National Computer (PNC) which is linked to the National Insurance Database (NID). Whilst these databases are undoubtedly invaluable in this endeavour, they are not always accurate, and incidents have occurred whereby motorists who are in fact driving with valid insurance have had their vehicles seized and retained. Focusing on the case of Lisa, whose vehicle was wrongly impounded by Merseyside Police in 2007, and other cases, we explore the legitimacy and legality of such activity. We question both the discretionary power of the police in taking such action, and the validity of their (over) reliance on technology. We posit that the taking of money in cases such as Lisa??s is evidence of the turn within public policing towards marketisation, and consider the capacity for harm to innocent individuals and the implications for justice and fairness. Ultimately, we contend that police accountability is compromised and that a new approach is required. We close the piece with some recommendations for improved police practice.     

Does police size matter? A review of the evidence regarding restructuring police organisations

Restructuring and merging public sector organisations is often seen as a way to enhance efficiency and efficacy. There is ongoing debate about the impact of police force sizes, structures and mergers as police organisations attempt to adapt to reductions in their budgets and changes in patterns of criminality. The article reviews the evidence regarding key aspects of police reform: finding mixed evidence regarding the links between size and performance, while noting risks that mergers may impair local policing. The article discusses the impact of mergers on protective services, governance and accountability, while also discussing potential risks and opportunities associated with the merger process itself. The review finds significant gaps in the available evidence, and significant opportunities to expand the evidence base on this topic. Given current gaps in the evidence regarding size, efficacy and efficiency, it is important to give due consideration to symbolic and rhetorical aspects of mergers.     

Police officers’ assessment of NPF reforms: evidence from an area command in Ondo state

This article analyses police officers’ assessment of the NPF reforms from an Area Command in Ondo State. Using a quantitative methodology, 305 police officers participated in the study. Results were presented and analysed using tables, percentages and means scores on a 5-point Likert scale. Findings reveal a low level of reform awareness among police officers. The article suggests that the NPF reforms were neither well-formulated nor adequately implemented. Even though the NPF reforms marginally but differentially improved the various aspects of police operational capacity, there was no much improvement in the overall police capacity and performance. The article shows that the performance and implementation of the NPF reforms in Ondo State have been constrained by corruption, inadequate funding, policy inconsistency, poor leadership and lack of reform communication to implementers, poor condition of service for officers, among others. The article concludes by attributing the poor performance of the NPF reforms to the unfavourable contexts in which the reforms were formulated and implemented.     

The functional nature of police reform: The ‘myth’ of controlling the police

For at least fifty years, major movements attempted to reform police and their institutions through professionalization, policy making, and administrative decentralization. One major goal of these efforts was to subordinate street officer discretion to bureaucratic due process. Some recent evidence suggests that such reforms produced primarily the appearance of change without fundamentally altering the status quo. An alternative hypothesis is proposed: Reformers ignored the functional nature of the police role as community-based, extra-constitutional in peacekeeping situations, and reflective of the values related to the maintenance of order.

It may be that liberal society solves the anomaly of the police function by fostering the myth that police are subordinate to due process constraints, while leaving them relatively free in a practical sense to respond to the need for order maintenance and peacekeeping. Effective handling of disorder may require police autonomy, while attempting to subordinate them to bureaucratic control may impair this ability. Police accountability in liberal society, as well as the many reforms designed to achieve it, remains problematic, especially in light of a recent important study suggesting the possibility that police effectiveness against community disorder may be a casualty of many of these reforms.     

“The ‘New’ Malaysian Criminal Procedure: Criminal Procedure (Amendment) Act 2006”

This paper explores the reform process surrounding the recent changes to the Malaysian Code of Criminal Procedure concerning statements made to police officers, discovery, body searches, rights to legal advice and detention. The Criminal Procedure (Amendment) Act 2006 was the first major piece of legislation to reform the criminal process in Malaysia for 20 years and represented an attempt not only to deal with specific problems relating to police practice and the pre-trial process, but also to single out Malaysia as a progressive state within Asia committed to the Rule of Law. The problem which this paper seeks to address, however, is that while many of the reforms appear to be a welcome attempt to protect suspects in police custody from abuse (a startling contrast to the recent legislative measures introduced in the UK as part of the “war on terror”), to better regulate police investigations and to improve the overall quality of justice administered pre-trial, a doubt lingers as to the direction of that reform and of the values guiding the criminal process. It will be argued that, without clear cultural markers, implementation of the new measures is likely to be piecemeal and previous cultural practices will continue to undermine even the best of legislative intentions.     

Police authority and reform in Augustan Rome and nineteenth-century England

This paper examines the police reforms of Augustan Rome and nineteenth-century England against the back-ground of the sociohistorical conditions within which they occurred. It reveals that the localism of reforms in Rome and the centralizing reforms of England were part and parcel of the traditional and modern societies from which they developed. Although this analysis offers few, if any, unequivocal historical lessons concerning the local autonomy and public accountability of modern law enforcement, it does reveal one of its basic dilemmas. Today's police work rests upon a legal rational system of social organization. It is, nevertheless, carried out within the exigencies of local communities of which it is though to be responsive. This dualism between universalistic and particularistic principles underlies current discussions of crime control and order maintenance. Attempts to dissolve this dilemma by focusing upon crime control or order maintenance to the exclusion of the other are inadequate inasmuch as the dilemma belongs to the very structure of society. Consequently, solutions such as external review boards and monitoring agencies or civilian monitoring organizations seem more appropriate as a means of maintaining the presence of universal norms while at the same time increasing levels of public accountability.     

依法改革,立法先行

正2014年3月9日上午,張德江委員長在全國人大常委會工作報告中鄭重指出:「堅持把立法決策與改革決策更好結合起來,抓緊制定和修改同全面深化改革相關的法律,從法律制度上推動和落實改革舉措,充分發揮立法在引領、推動和保障改革方面的重要作用」。這與習近平總書記所強調的「凡屬重大改革都要於法有據、先立後破、有序進行」前後呼應、一脈相承,進一步展示了執政黨堅持依法執政、建設法治     

Diverting young offenders from crime in Ireland: the need for more checks and balances on the exercise of police discretion

The Irish police (the Garda Síochána) have been exercising their law enforcement discretion to pursue a diversionary strategy for young offenders since at least 1953. Working in a street environment of low visibility they have managed to expand their traditional law enforcement function into territory more appropriately reserved for courts, social workers and probation officers. This article charts the development of this expansion and examines its current manifestation in the juvenile diversion programme. It argues that the welfare benefits for the young offenders are being purchased at the cost of due process rights, and that there is a need for more custom built accountability checks and balances to strike a better balance in the programme.     

Is it complex environments or complex systems that undermines police reform in developing countries?

This article is a reflection upon the challenges facing police reform in developing countries. In doing so it explores the usefulness of complexity theory both to understand the evidence of relative failure and to reconsider the explanations offered for that failure in terms of unique individual factors or the complex nature of the environment. The article suggests that the nature of police organisations as complex social systems may be a principal reason for failure. The article outlines some of the key features of complex systems and illustrates these from actual police reform. The article then turns to whether complexity theory can be of any practical use in police reform programmes. It concludes that greater success may be forthcoming if the insights of complexity theory are taken on board by reformers.     

Human Rights: Changing the Culture

The Human Rights Act 1998 is likely to come into force early year next year. It unquestionably has the potential for being one of the most fundamental constitutional enactments since the Bill of Rights over 300 years ago. While so much constitutional change in the United Kingdom has been achieved without resort to legislation, this is a deliberate part of a programme of constitutional change by legislation. The legislation has to be seen in the context of the government's wider programme of constitutional reform: the reform of the House of Lords, the promised Freedom of Information Act, devolution to Scotland, Wales, and Northern Ireland, and elected mayors. Any evaluation of a change in the way in which the constitution is perceived and imagined in the United Kingdom cannot ignore the interrelationship of these reforms. The scope of this collection of essays is, however, narrower. It is to consider what changes have brought about this particular constitutional reform and its potential for creating a 'human rights culture'.     

地方公安立法质量提升路径探讨

随着全面依法治国和全面深化改革的深入推进,为实现国家治理体系和治理能力现代化的目标,应完善包括地方公安立法在内的公安工作制度体系。目前,各地公安立法还存在体系不健全、可操作性不强、欠缺特色性规定、不能适应社会治安防范现实需要等问题。提高地方公安立法质量,有利于完善公安机关参与社会治理的制度体系,有利于建设法治公安,有利于促进公安机关执法规范化建设,有利于规范警务运行机制。为有效提高地方公安立法质量,必须树立社会治安治理立法理念,准确评估地方公安立法需求与效果,完善和规范地方公安立法程序,推进地方公安立法精细化。     

Governance and accountability in community policing

Community policing presents its own distinct governance and accountability challenges. Local community police officers, for example, can find themselves stretched between the accountability demands of the local community and those flowing from professional, managerial and central government sources. Drawing on the results of a recent ethnographic study on neighbourhood police officers in rural and urban areas in the Netherlands, this article probes the nature and extent of these tensions and the coping strategies deployed by the officers in question and the police organisation as a whole. It finds that a regular strategy is to neutralise or marginalise the voice of the local community in shaping police priorities and strategies. Local democratic control of the police is often smothered by the competing professional, managerial, cultural and central government forces. This, in turn, has the effect of putting distance between police offices and citizens, and even creating a demand for the engagement of private sector patrol officers who are more responsive to the needs and wishes of the local community.     

Accountability and Police Violence: a Research on Accounts to Cope with Excessive Use of Force in Italy

Accountability is a vital element of policing. Over time, the public has demanded more control over police activities, while policing has attracted a good deal of controversy, such as the discriminatory and violent manner in which police officers treat individuals. In this paper, we explore Italian police accountability when faced with violent actions following the articulation at two levels: a micro-level—the communication strategies adopted by the police unions to account for their actions—and a macro-level—the understanding of the political and social system in which the police act, namely the Italian system. The results of the thematic analysis highlighted the recourse to excuses, justifications, and apologies. In terms of the effects on the audience, the unions divide into two groups: the first made exclusive use of defensive accountability strategies (excuses and justifications) and the second used reconciling accountability strategies (apologies). We discuss these findings regarding the interaction between the police and the public in Italy.     

Police oversight in the United Kingdom: The balance of independence and collaboration

A key feature of modern policing is external oversight of alleged police misconduct. The present paper focuses on the three UK oversight agencies: the Independent Police Complaints Commission (IPCC), the Police Complaints Commissioner for Scotland (PCCS); and the Police Ombudsman for Northern Ireland (PONI). Document analysis and interviews were utilized to highlight the different models of oversight with regard to the balance of responsibility for complaint investigations. The PONI exemplifies a model of regulatory independence that provides a strong challenge to the very limited PCCS model and intermediate IPCC model. An emerging trend was indentified of co-operation between external and internal agency personnel working towards police reform and areas in which oversight agencies can contribute to reform are presented.