B705 - Police, Crime and Security, etc. Bill 2014 Watch

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B705 - Police, Crime and Security, etc. Bill 2014, TSR Opposition




Police, Crime and Security, etc. Act 2014

An Act to reform the police service, provide better security in courts and other public buildings and protect police symbols and signs.

BE IT ENACTED by The Queen's most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:—

1 Definitions
  1. A "village" is any settlement with more than 2,500 persons living in it that is not otherwise termed a city or town.


2 Transport
  1. This Section extends to Scotland, as well as England and Wales.
  2. Section 25(1) of the Aviation Security Act 1982 is replaced with the following:—
    "(1) The Secretary of State may by order designate for the purposes of this Part of this Act any aerodrome used for the purposes of civil aviation if he considers that the policing of that aerodrome should, in the interests of the preservation of the peace and the prevention of crime, be undertaken by constables under the direction and control of the chief officer of the British Transport Police."
  3. Following Section 31(1)(g) of the Railways and Transport Safety Act 2003 (R&TSA) are inserted the following:—
    "(h) in a railway vehicle,"
    "(i) in an aerodrome, as defined by the International Civil Aviation Organization,"
    "(j) in an aircraft,"
    "(k) in an air traffic control centre,"
    "(l) on any road within the Strategic Road Network,"
    "(m) in a water based port,"
    "(n) on any water based vessel,"
    "(o) on any body of water."
  4. Additionally Sections 31(1)(e) – 31(1)(g) are replaced with the following:—
    "(e) on other land used for purposes of or in relation to a railway, air travel, water travel or the Strategic Road Network,"
    "(f) on other land in which a person who provides railway services, air travel services or water travel services has a freehold or leasehold interest,"
    "(g) throughout Great Britain for a purpose connected to a railway, air travel, water travel or the Strategic Road Network or to anything occurring on or in relation to a railway, air travel, water travel or the Strategic Road Network,"
  5. Section 31(3) is deleted.
  6. Section 31(2) is modified:—
    "(2) A constable of the Police Force may enter property which is or forms part of anything specified in subsection (1)—"
  7. The British Transport Police may enter into a Police services agreement, as per Section 33, 34 and 35 of the R&TSA with any airport operating company.
  8. The British Transport Police have primary jurisdiction in the areas specified in Section 31(1) of the R&TSA.
  9. Police officers working in a role with a territorial police force which overlaps with the new BTP jurisdictions (as specified in Section 2(2) above) should be given the option to transfer to the BTP via TUPE whilst keeping a similar role.


3 Police Auxiliary Officers
  1. The role of Police Community Support Officer (PCSO), or Community Support Officer, is redundant.
  2. A new role of Police Auxiliary Officer (PAO) is created.
  3. PAOs hold all all the powers of a constable with regard to the following only:—
    1. bylaws, and
    2. anti social behaviour.
  4. Additionally, PAOs hold all the powers of PCSOs, as defined in the Police Reform Act 2002.
  5. Each territorial police force should have enough PAOs to ensure a near continuous presence of PAOs, Police Constables (PCs) or Special Constables (SCs) in every metropolitan borough, London borough, town, city or village between the hours of 0800 and 2200.
  6. PAOs are equivalent to an Administrative Officer in the Civil Service grading system.
  7. A role description for PAOs is found in Schedule 1.


4 Police Officers
  1. A police officer (PO) is a paid employee of a police force who holds the office of constable, and is not a Special Constable or PAO.
  2. Each territorial police force should maintain a ratio of between 20 to 50 POs per 10,000 persons in their police authority area, depending on operational requirements.
  3. The rank of Chief Inspector is made redundant.
  4. All POs holding the rank of Chief Inspector keep their rank and pay until demotion, promotion or they leave the force; however, they are operationally identical to Inspectors.
  5. POs with the ranks of Constable, Sergeant and Inspector (including Chief Inspector) are termed "front line POs".
  6. POs with the ranks Superintendent, Chief Superintendent and all chief police officers are termed "managerial POs".
  7. All POs are permitted to sit the OSPRE exams following five years of duty.
  8. POs are to be elevated to the rank of Sergeant on the basis of OSPRE exams, experience and performance only.
  9. POs are to be elevated to the rank of Inspector on the basis of OSPRE exams, experience and performance primarily, with a secondary concern for operational requirements.
  10. POs are to be elevated to a managerial rank on the basis of experience, performance and operational requirements.
  11. POs with the rank of Constable or Sergeant are equivalent to an Executive Officer in the Civil Service grading system.
  12. POs with the ranks of Inspector or Chief Inspector are equivalent to a Higher Executive Officer in the Civil Service grading system.
  13. POs with the ranks of Superintendent or Chief Superintendent are equivalent to Grade 7 in the Civil Service grading system.
  14. Chief police officers are equivalent to Grade 6 in the Civil Service grading system.
  15. Role descriptions for the various ranks are found in Schedule 1.


5 Police Staff
  1. All employees of a police force who are not Police Officers, Police Auxiliary Officers or Special Constables are police staff.
  2. Non-graduate entry level police staff are equivalent to an Administrative Officer in the Civil Service grading system.
  3. Graduate entry level police staff are equivalent to an Executive Officer in the Civil Service grading system.
  4. Role descriptions for police staff are found in Schedule 1.


6 Territorial Police Force Budgets
  1. Every territorial police force shall be allocated an annual budget of:—
    1. £50,000 per police officer as required by Section 4(2),
    2. £30,000 per PAO as required by Section 3(5),
    3. £5,000 per Special Constable, and
    4. pay for all police officers, PAOs and police staff.
  2. A territorial police force may request additional budget from the Secretary of State.
  3. The funding for special police forces is unaffected by this Section.


7 Courts Constables
  1. Courts may hire persons into the role of Courts Constables.
  2. Courts Constables hold the office of constable, with all the powers and privileges thereof within:—
    1. any Court building,
    2. any Court forecourt,
    3. 0.5 miles surrounding any Court building, and
    4. any matter related to a Court (including, but not limited to, execution of Court warrants and crimes committed within a Court).
  3. Every Court must hire at least one Court Constable per courtroom in use.


8 Job Security and Unionisation
  1. The Police Federation shall not receive any Government funding.
  2. Police officers, as defined in Section 4(1), may not strike or perform any action that inhibits the good and proper execution of their duties.
  3. Police officers may not be made redundant or otherwise removed from their position without due cause (including, but limited to, physical inability to continue their duties and malpractice).
  4. The salary of police officers may not be reduced in real terms except upon promotion or demotion.


9 Short title, Extent, Enactment, etc.
  1. This Act may be referred to as the Police, Crime and Security, etc. Act 2014.
  2. This Act extends to England and Wales only, except where otherwise stated.
  3. This Act will come into force immediately, following Royal Assent.



PCSA 2014 Schedule 1
Schedule 1
1 Police Auxiliary Officers
Police Auxiliary Officers (PAOs) should provide a reassuring and visible police presence in communities, as well as being able to deal to low-level bylaw and ASB crime. They should also be able to respond within reasonable time to any non-emergency or 101 calls to the police.

PAOs, by their nature and powers as a constable, have a semi-confrontational role with the public. As such, they should be provided with the equipment they need to carry out their role, bearing in mind their powers of arrest. They should be equipped with: a stab vest, baton and handcuffs, along with any other item approved for use with police officers, in whose use they have been trained, and with which the force chief police officer feels they ought to be equipped.

2 Police Officers – Constables and Sergeants
There should be no direct managerial distinction between constables and sergeants, and the rank of sergeant should be treated only as a sign of an officer's experience and knowledge. There is nothing, for example, stopping a force who have halted recruitment of new officers for some time to be made up of officers solely in the ranks of sergeant and above.

Constables and sergeants should take on a front line policing role. They should respond to 999 calls and calls for assistance from other officers, PAOs or Special Constables and should also take on the frontline role in any special police operations. Additionally, they should be attached to NPTs along with PAOs and Special Constables, or take on a detective role.

3 Police Officers – Inspectors and Chief Inspectors
Chief Inspector is a rank identical in role to an Inspector.

In the context of special police operations, Inspectors should take on the role of a line manager, managing on-the-ground officers and staff, and communicating with managerial
POs. There should be a ratio of approximately one Inspector to ten constables or sergeants in these situations.

However, when not participating in special police operations, Inspectors have an identical role to constables and sergeants:

"Constables and sergeants [and Inspectors] should take on a front line policing role. They should respond to 999 calls and calls for assistance from other officers, PAOs or Special Constables and should also take on the frontline role in any special police operations. Additionally, they should be attached to NPTs along with PAOs and Special Constables, or take on a detective role."

4 Police Officers – Superintendents and Chief Superintendents
A Superintendent should be in charge of small police stations, with up to approximately 25 front line POs under their direct control.

A Chief Superintendent should in charge of a larger police station. In these police stations, Superintendents may make up a lower level of management in charge of groups of approximately 25 officers.

In small special police operations involving up to approximately 50 front line officers, a Superintendent should take on overall command. In larger operations, a Chief Superintendent should take on overall command, and Superintendents should take on a mid-level managerial role, in command of between two to five Inspectors (who each control ten constables or sergeants, as per Section 3 above).

5 Police Officers – Chief Police Officers
There should be no more than five Assistant Chief Constables (ACC), two Deputy Chief Constables (DCC) and one Chief Constable (CC) per police force.

In the Metropolitan Police Service, Commander is equivalent to ACC, Deputy Assistant Commissioner is equivalent to DCC and Assistant Commissioner is equivalent to CC. In the City of London Police, Commander is equivalent to ACC, Assistant Commissioner is equivalent to DCC and Commissioner is equivalent to CC.

6 Police Staff
All back office and administrative work that does not need to be completed by a police officer, Special Constable or PAO, and cannot be completed by a police volunteer should be done by police staff. This includes, but is not limited to, HR work and control room work.

The work of a member of police staff should not require them to leave the police station or other police building. Work which requires leaving the police station should be completed by police officers, PAOs or Special Constables. Exceptions are members of police staff working with "Scene of Crime", "Crime Scene Investigation" or "Forensics".

7 Neighbourhood Policing Teams (NPTs)
NPTs are teams of police officers and PAOs who are assigned to a specific geographical area or specific group of people.

The team members should remain constant, in order to provide familiar faces and a personalised policing presence to the neighbourhood being served. Depending on operational requirements, the proportion of officers and auxiliary officers may be varied, although it is preferable to have the bulk of the team made up of PAOs in order that POs may be free to respond to more serious emergencies.


Notes
Section 2 extends BTP jurisdiction to cover airports, seaports, motorways and major A roads. These are all highly specialised areas which will benefit from centralised training.

Aviation Security Act 1982
Railways and Transport Safety Act 2003
Example of Civil Service pay (which is comparable to the new pay for police under this Act).
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Rakas21
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Aye.
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Mechie
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No. I stopped reading in section 2 because it annoyed me that you didn't say what you were replacing. It said what you were replacing it with, but not what was being replaced. I'm not going to look it up, because you're trying to convince me and people like me to vote for this, I'm not going to try and convince myself that you've had a good idea. If you're writing such a long bill with the thought that's been put into it then don't manage to put people off in the second section. Put it in in a second reading and I'll give this proper consideration.
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tehFrance
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(Original post by Mechie)
No. I stopped reading in section 2 because it annoyed me that you didn't say what you were replacing.
Learn to read and you'd know what's being replaced.
Mechie
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(Original post by tehFrance)
Learn to read and you'd know what's being replaced.
I know how to read, thanks for looking out for me though. I know exactly the reference of what's being replaced, but I'm not going to look up the bills just to justify me voting for the bill. That's the writer's job, to try to convince me to vote for their bill, not my job. Include, in full, what is being replaced and I'll look at it in another reading. Anything else and I'm voting no without even considering it.
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Saracen's Fez
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Without any indication of the replaced text in the bill proper or a notes section, I can't really make a judgement. The rest seems OK though.
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InnerTemple
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Part two:

I think this would require changes to how the BTP work and are funded. At the moment, most of their funding (over 90%) comes from the railway companies they have a service agreement with. It hardly seems fair to have rail passengers fund a police force used in Airports.

In any event, I don't see what is wrong with the existing arrangements for policing airports?

Part three:

The categories set out in 3(3) are going to cause confusion. There is already a long list of what a PSCO can do - and I'd reckon that it pretty much enables them to do what is set out in this bill. I see no real change here...

No from me... I just cannot see the benefit of this bill.
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barnetlad
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There appears no funding for police dogs under the centralised funding formula. I presume the central funding formula is a tribute to Michael Gove as this would have happened had he remained the RL Education Secretary.

Think of the German Shepherds.

Oh and surely there should not be a comma before etc?
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Jean-Luc Picard
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just woken up so no way I can read all this now, posting this so I remember to read it later though
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Qwertish
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(Original post by Mechie)
No. I stopped reading in section 2 because it annoyed me that you didn't say what you were replacing. It said what you were replacing it with, but not what was being replaced. I'm not going to look it up, because you're trying to convince me and people like me to vote for this, I'm not going to try and convince myself that you've had a good idea. If you're writing such a long bill with the thought that's been put into it then don't manage to put people off in the second section. Put it in in a second reading and I'll give this proper consideration.
If you read the Notes section it is explained. The Bill is a "legal" document, not a textbook.
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Qwertish
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(Original post by O133)
Without any indication of the replaced text in the bill proper or a notes section, I can't really make a judgement. The rest seems OK though.
There is a notes section...

Really guys? I'll assume I caught you all on an off day
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Qwertish
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(Original post by barnetlad)
There appears no funding for police dogs under the centralised funding formula. I presume the central funding formula is a tribute to Michael Gove as this would have happened had he remained the RL Education Secretary.

Think of the German Shepherds.

Oh and surely there should not be a comma before etc?
You are correct, there isn't anything for police dogs or mounted police, and that's an oversight. I would say that the figures were calculated by diving the total Met police budget by the number of officers, so it probably has a large surplus which can be used for those things.

In any case, I'll add a bit extra in the Second Reading.

And you're correct on the grammar also, the correct title would be:

Police, Crime, Security, etc. Bill 2014

since I use an Oxford comma and the "and" is incorporated in et cetera.
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ukip72
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I also would prefer if I didn't have to look up the other bill.

Posted from TSR Mobile
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Qwertish
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(Original post by InnerTemple)
Part two:

I think this would require changes to how the BTP work and are funded. At the moment, most of their funding (over 90%) comes from the railway companies they have a service agreement with. It hardly seems fair to have rail passengers fund a police force used in Airports.
Section 2(7). The BTP should enter into similar arrangements with BAA and other airport operators.

(Original post by InnerTemple)
In any event, I don't see what is wrong with the existing arrangements for policing airports?
Fragmentation and a lack of centralised training for the highly specialised environments create large overheads. Additionally, if we centralise airport policing, we can provide airport police with specific additional powers that a regular constable perhaps shouldn't have available to use outside an airport environment.

(Original post by InnerTemple)
Part three:

The categories set out in 3(3) are going to cause confusion. There is already a long list of what a PSCO can do - and I'd reckon that it pretty much enables them to do what is set out in this bill. I see no real change here...
Er, no. PCSOs can't arrest (unless they use their any person powers, which are severely limiting).

Under Section 3(3), PAOs will be able to more effectively deal with ASB and minor bylaws that police officers simply don't have the time to deal with. This includes stuff like littering, curfews, specific alcohol related regulations, and rules regarding gatherings of people.

It effectively creates two tiers of policing: the PAO level, dealing with minor things, community relations and ASB; and the PO level dealing with crime.

(Original post by InnerTemple)
No from me... I just cannot see the benefit of this bill.
Aside from what I've already mentioned, the Bill:
  1. Sets a number of POs and PAOs that must be present in a police area to ensure that forces aren't as understaffed as they have been in recent years.
  2. Removes the rank of Chief Inspector and makes the ranks of Sergeant and Inspectors operationally identical to Constable, to ensure that the staff:manager ratio is at more acceptable levels.
  3. Tags the pay of police officers, PAOs and police staff to the Civil Service.
  4. Sets a unified funding framework.
  5. Ensures that courts employ courts constables, and don't rely on officers coming to give evidence and private security.
  6. Removes all Gov't funding from the PolFed (it's a union, it should be independent).
  7. Ensures that no police officer can be removed from their job without due cause.
  8. Ensures that the pay of police officers cannot decrease in real terms.
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Saracen's Fez
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(Original post by Qwertish)
There is a notes section...

Really guys? I'll assume I caught you all on an off day
Here's an example of how you could have presented the replacement clearly.
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Qwertish
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(Original post by O133)
Here's an example of how you could have presented the replacement clearly.
I'll add stuff in for the second reading, and format it differently (not as quotes, they disappear when you quote it), but I really don't see why it's necessary. You know real Bills don't do that?
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(Original post by Qwertish)
I'll add stuff in for the second reading, and format it differently (not as quotes, they disappear when you quote it), but I really don't see why it's necessary. You know real Bills don't do that?
Yes, but we don't have an army of civil servants to check up on this stuff. Legislation.gov.uk, whilst it is a fantastic resource, is not the nicest website to navigate either.

There's no need for the full text if it's huge, a summary of the changes would do fine.
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Qwertish
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(Original post by O133)
Yes, but we don't have an army of civil servants to check up on this stuff. Legislation.gov.uk, whilst it is a fantastic resource, is not the nicest website to navigate either.

There's no need for the full text if it's huge, a summary of the changes would do fine.
There is a brief summary in the notes. I'll take a look at it and expand it for the 2nd though
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InnerTemple
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(Original post by Qwertish)
Section 2(7). The BTP should enter into similar arrangements with BAA and other airport operators.


Fragmentation and a lack of centralised training for the highly specialised environments create large overheads. Additionally, if we centralise airport policing, we can provide airport police with specific additional powers that a regular constable perhaps shouldn't have available to use outside an airport environment.
I don't feel that 2(7) is sufficiently clear. Would provision have to be made for airports in Northern Ireland - where BTP does not have jurisdiction unless working on a mutual aid basis with PSNI?

I still do not see how this would be better than the Airport Security Planning Framework. This covers all UK airports and states that airports need to assess their own needs and also meet the cost of policing.

(Original post by Qwertish)
Er, no. PCSOs can't arrest (unless they use their any person powers, which are severely limiting).

Under Section 3(3), PAOs will be able to more effectively deal with ASB and minor bylaws that police officers simply don't have the time to deal with. This includes stuff like littering, curfews, specific alcohol related regulations, and rules regarding gatherings of people.

It effectively creates two tiers of policing: the PAO level, dealing with minor things, community relations and ASB; and the PO level dealing with crime.
I think the decision not to give PCSO's the power of arrest was deliberate - to create a very obvious difference between them and police officers. At the moment the public know (mostly) what a PCSO does and what a Police Officer does. PCSO's are the guys who wonder around telling you off for throwing litter on the floor and manning crime scenes in the rain. Police Officers arrest people. Simple.

In any event - do they need powers of arrest to deal with ASB and things like littering etc? They can already dish out FPNs etc

If you are going to give them powers of arrest - you may as well make those full powers, upskill them and make them into proper coppers.

(Original post by Qwertish)
Aside from what I've already mentioned, the Bill:
[LIST=1][*]Ensures that courts employ courts constables, and don't rely on officers coming to give evidence and private security.
What do you mean by the emboldened part? I assume you mean that courts don't rely on officers who happen to be in court also doubling up as security if the need arises whilst in court?
Last edited by InnerTemple; 4 years ago
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