B705 - Police, Crime and Security, etc. Bill 2014 (Second Reading) Watch

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Faland
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Summary of PCSB 2014
Summary
Section 2
Section 2 extends the BTP's jurisdiction to include airports, seaports, waterways and the Strategic Road Network (motorways and major A roads). It also allows the police service agreements BTP has with rail operators to be made with airport operators.

Section 3
Section 3 scraps PCSOs and replaces them with PAOs. PAOs have all the powers of a constable in relation to local bylaws and ASB, as well as having a fixed list of additional powers which were taken from the list of powers of a PCSO. This should reduce confusion over what a PCSO/PAO can do, since it removes the facility for Chief Constables to give PCSO/PAOs extra powers. Additionally, it will mean there is a level of officer who can focus almost exclusively on nuisance crime (which is almost entirely covered by local bylaws and ASB law). This will allow these crimes which are often ignored to be properly enforced.

Finally, this section creates a provision that the police should pass through every local area at least once every three hours, to provide a reassuring presence, and tags PAO pay to the an Administrative Officer in the Civil Service.

Section 4
Section 4 places upper and lower limits on the number of officers as a proportion of the population, and also reforms the managerial structure of the police (this is expanded on in Schedule 1, Sections 2–5). It also tags police officer pay to the Civil Service.

Section 5
Section 5 tags police staff pay to the Civil Service.

Section 6
Section 6 provides a framework for centralised funding. It is based on the Metropolitan Police, which has a budget of £4bn and 30,000 officers (not including staff, specials or PCSOs), and so has a budget of £133,333 per officer. The final figure for the budget excluding pay was therefore decided to be £110,000 per officer. This includes funding for dogs and mounted sections, and all training and operating costs.

Section 7
Section 7 requires courts to hire Courts Constables who should be used for law enforcement inside courts and also for executing court warrants.

Section 8
Section 8 cuts all public funding to the PolFed, bars officers from striking, and protects them from being removed from their job and bans real terms pay cuts.

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).


Police, Crime and Security, etc. Bill 2014 (Second Reading)




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

An Act to expand the jurisdiction of the British Transport Police, reform the role of Police Community Support Officers, and rework the pay scales and working conditions of police staff and officers.

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:—
    Code:
    (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 police for the police area in which the aerodrome is wholly or mainly situated.
    is replaced with the following:—
    Code:
    (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):—
    Code:
    (1) A constable of the Police Force shall have all the powers and privileges of a constable—
            (a) on track,
            (b) on network,
            (c) in a station,
            (d) in a light maintenance depot,
            (e) on other land used for purposes of or in relation to a railway,
            (f) on other land in which a person who provides railway services has a freehold or leasehold interest, and
            (g) throughout Great Britain for a purpose connected to a railway or to anything occurring on or in relation to a railway.
    are inserted the following:—
    Code:
    (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):—
    Code:
    (e) on other land used for purposes of or in relation to a railway,
            (f) on other land in which a person who provides railway services has a freehold or leasehold interest, and
            (g) throughout Great Britain for a purpose connected to a railway or to anything occurring on or in relation to a railway.
    are replaced with the following:—
    Code:
    (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):—
    Code:
    (3) Those things are—
            (a) track,
            (b) a network,
            (c) a station,
            (d) a light maintenance depot, and
            (e) a railway vehicle.
    is deleted.
  6. Section 31(2):—
    Code:
    (2) A constable of the Police Force may enter property which is or forms part of anything specified in subsection (3)—
            (a) without a warrant,
            (b) using reasonable force if necessary, and
            (c) whether or not an offence has been committed.
    is modified:—
    Code:
    (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 the following powers:—
    1. to issue fixed penalty notices,
    2. to require the name and address of a person believed to have committed an offence,
    3. to detain using all reasonable force a person believed to have committed an offence until the arrival of a police officer or special constable,
    4. to seize alcohol or tobacco if it is being used unlawfully or held unlawfully,
    5. to enter and search any premises for the purposes of saving life and limb or preventing serious damage to property,
    6. to control traffic,
    7. to enforce cordons, and
    8. to detain using all reasonable force any person failing to comply with a PAO attempting to execute the aforementioned powers until the arrival of a police officer or special constable.
  5. Each territorial police force should have enough PAOs to ensure that at least one team of two PAOs, Police Constables (PCs) or Special Constables (SCs) pass through every metropolitan borough, London borough, town, city or village every three hours 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. £110,000 per police officer as required by Section 4(2),
    2. 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 figure in Section 6(1)(1) should increase at the rate of the retail price index.
  4. 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. In areas of low crime, it is preferable to have NPTs made up entirely of PAOs.
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Jean-Luc Picard
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jesus, no way I can read all this right now, when I am awake enough to do so though so bookmarking/subscribing
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barnetlad
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Courts Constables? Sounds worse than being a traffic warden (or whatever name you propose).

Oh, and in TSR land we do not have the retail price index any more. We have an alternative single measure of inflation that I proposed and the House passed into law.
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The Legal Eagle
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Fair play, this even puts RL Bills to shame, for length! This is an absolute beast of a read.

Skim reading the Bill, don't really see the need for "Court Constables", nor agree with making sure everywhere is patrolled, at least every 3 hours. This is a huge re-organisation, which deserves careful consideration.

This Bill doesn't have my support!
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ukip72
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Wow, think I'll read this when I'm awake.
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Saracen's Fez
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It was going so well, and then you took away their right to strike.
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Cryptographic
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(Original post by O133)
It was going so well, and then you took away their right to strike.
They can't already, for good reason may I add. However they have also recently themselves not voted for the right to strike (only 33% pro).
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(Original post by Cryptographic)
They can't already, for good reason may I add.
Then why is it brought up in the bill?
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Cryptographic
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(Original post by O133)
Then why is it brought up in the bill?
Re-affirming the fact. However just below that: 8.4 states that: 'The salary of police officers may not be reduced in real terms except upon promotion or demotion.'

This is a considerable plus for police officers.
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nikkoch
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Aye apart from the court constables bit which may need some revising...
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(Original post by O133)
It was going so well, and then you took away their right to strike.
They never had a right to strike. This just reinforces it.

In return I've strengthened their inability to be made redundant to include all forms of redundancy. Currently, they can be removed after 30 years on full pension, this blocks that. Additionally, their pay position is strengthened by outlawing pay cuts in real terms. Also, their pay is attached to the Civil Service.

Quite frankly, they get a much better package.
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Qwertish
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What are everyone's issues with Courts Constables?

I think the courts need proper security. Right now they are using a combination of G4S and police officers who happen to be passing through to give evidence. This is hardly ideal.

(Original post by nikkoch)
Aye apart from the court constables bit which may need some revising...
(Original post by Mattvr)
Fair play, this even puts RL Bills to shame, for length! This is an absolute beast of a read.

Skim reading the Bill, don't really see the need for "Court Constables", nor agree with making sure everywhere is patrolled, at least every 3 hours. This is a huge re-organisation, which deserves careful consideration.

This Bill doesn't have my support!
(Original post by barnetlad)
Courts Constables? Sounds worse than being a traffic warden (or whatever name you propose).

Oh, and in TSR land we do not have the retail price index any more. We have an alternative single measure of inflation that I proposed and the House passed into law.
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Qwertish
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(Original post by Mattvr)
nor agree with making sure everywhere is patrolled, at least every 3 hours. This is a huge re-organisation, which deserves careful consideration.
This is largely to address the (non-) issue of police visibility. People like to see the police, despite it not actually being in any way connected to crime.
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PhysicsKid
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Nay.
Section 3- overly bureaucratic
Section 5- the needs of the civil service are not the needs of the police. Pegging one to the other means pay levels can't be dynamic to respond to a say temporary need for rapid, excess recruitment.
Section 8- Does not everyone have the right to strike? For critical services and from an ethical standpoint, why not allow phased strikes with a certain proportion of staff going on strike at any one time in the strike period? Removing Section 5 would allow you to ensure sufficient staff but would be costly ie ensure fairer pay and conditions in the first place.
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(Original post by PhysicsKid)
Nay.
Section 3- overly bureaucratic
Section 5- the needs of the civil service are not the needs of the police. Pegging one to the other means pay levels can't be dynamic to respond to a say temporary need for rapid, excess recruitment.
Section 8- Does not everyone have the right to strike? For critical services and from an ethical standpoint, why not allow phased strikes with a certain proportion of staff going on strike at any one time in the strike period? Removing Section 5 would allow you to ensure sufficient staff but would be costly ie ensure fairer pay and conditions in the first place.
Section 3 - in what way?
Section 5 - why not? Each Civil Service pay band covers a large range.
Section 8 - Police officers have never had the right to strike. In return they get protection from redundancy (which is improved in this Bill) and I've also added pay protection which was never there before.
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(Original post by Qwertish)
Section 3 - in what way?
Section 5 - why not? Each Civil Service pay band covers a large range.
Section 8 - Police officers have never had the right to strike. In return they get protection from redundancy (which is improved in this Bill) and I've also added pay protection which was never there before.
Section 3- why not just extend the existing PCSO role? Why the rebranding?
Section 5- I am talking more8re supply-demand problems or where sudden crises requiring new recruits or officers to take on additional duties.
Section 8- my point is they should. Would you consider extending this to nurses, teachers and firemen in a separate bill in that case? The cuts to fire servicemen numbers (and obviously accompanying facilities) are particularly shortsighted and enfuriating.
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(Original post by PhysicsKid)
QFA
In regards to police being able to strike, they themselves voted on the matter and only 30% of the federation were pro being able to strike.
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Qwertish
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(Original post by PhysicsKid)
Section 3- why not just extend the existing PCSO role? Why the rebranding?
Section 5- I am talking more8re supply-demand problems or where sudden crises requiring new recruits or officers to take on additional duties.
Section 8- my point is they should. Would you consider extending this to nurses, teachers and firemen in a separate bill in that case? The cuts to fire servicemen numbers (and obviously accompanying facilities) are particularly shortsighted and enfuriating.
Section 3 - because PCSOs have a bad reputation. The section is supposed to rectify the genuine grievances regarding PCSOs, and a rebranding is a good way to try to get a fresh start. Also, PCSO powers include a long list of optional powers that CCs can choose to give. I've removed these, as they were confusing to the public.

Section 5 - that's hardly going to massively affect pay... Are you suggesting that the salaries will change by £15 to £20k just on the basis of supply/demand fluctuations?

Section 8 - Right, but then they loose all their special treatment. If they can strike then they can be made redundant, and their pay won't be protected any more.
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Some questions now I've had a mull over this:
1) Why bother re-branding PCSOs, why not train them to the level of PCs and abolish the role of PCSO?
2) What are the effects of the human right to strike (an integral part of free association according to the ECHR) upon this bill (and indeed the status quo)?
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Qwertish
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(Original post by O133)
Some questions now I've had a mull over this:
1) Why bother re-branding PCSOs, why not train them to the level of PCs and abolish the role of PCSO?
2) What are the effects of the human right to strike (an integral part of free association according to the ECHR) upon this bill (and indeed the status quo)?
1) Because you need someone who focuses on the little things.

2) I don't know. Police officers have been barred from striking since 1919. If they did strike, the Army would have to take over their job, and no one wants that.
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