Soldato
- Joined
- 18 Oct 2012
- Posts
- 8,355
gotta love the phrase fight fire with fire, do people not realise that it's an entirely legitimate and effective way of dealing with large forest fires?
I'm not arguing that it shouldn't be, I'm not saying officers should have legal immunity for anything and everything that could go wrong including knocking off and killing someone who had simply run a red light etc.. But the point here is that IMO if you agree that this tactic can be used in some circumstances then it seems that rather than hope the officer is covered by "reasonable force" there should be some legislation authorising it and giving some level of protection assuming certain criteria have been met. That would remove some of the uncertainty and means an officer isn't potentially facing months of stress for simply doing his/her job simply because in his/her case they were unlucky enough to end up with a seriously injured suspect... the condition the suspect ends up in is a bit of a lottery and there is a risk the likes of the IOPC, CPS could take a results oriented approach. I suspect that the officers involved would probably still have a good defence assuming guidelines were followed etc.. (and I doubt and jury is going to side with the criminal in the event of a criminal trial unless the situations was particularly reckless) but it would be better to provide some clarity for those we expect to carry this out on behalf of the rest of us and put themselves and their careers at risk to protect us from some fairly nasty individuals.
gotta love the phrase fight fire with fire, do people not realise that it's an entirely legitimate and effective way of dealing with large forest fires?
I don't mean in case they put the scum bag's life at risk, I mean innocent people. Police chasing them up pavements etc as it's all like a game to the cop who was probably bullied at school.
Which is seems to me is exactly what is happening here.
The Met have laid out a policy which has been tested by officers on the ground. This particular officer and his/her actions are now warranting closer legal inspection, the result of which will hopefully be that their level of enforcement of the policy was deemed suitable.
This then allows the Met to carry on with this type of enforcement tactic in the future, with a legal precedent already set.
How about the government increasing the budget for the police force to employ/ train more individuals to ride hybrid motorcycles and follow the criminals until the criminals stop? obviously they will eventually run out of fuel, having said that though it's clear to see that no government plan can stop all the crime, crime prevention plans obviously don't work in all cases, the real problem is how does anyone stop the criminal mind?. The world is a living nightmare, no real lasting peace for mankind that's for sure.
I don't mean in case they put the scum bag's life at risk, I mean innocent people. Police chasing them up pavements etc as it's all like a game to the cop who was probably bullied at school.
Nope, that isn't what is happening, there is no new legislation AFAIK, if you believe otherwise then I'm happy to be corrected.
It is all well and good you sitting behind your keyboard and being fine with a policy being given but a load of legal uncertainty to be present and the officers carrying it out currently taking a gamble with their careers (and possibly freedom). And then potentially finding out that actually some of the policy won't work under "reasonable force" anyway or can fall into a very grey area with a high risk of prosecution and we'd need some legislation to protect them if using this policy after all. Instead of potentially throwing police under the bus for doing their job why not legislate in the first place instead of gambling with the careers/livelihoods of the people being asked to do it.
Seems a bit dangerous to me and like something they do in the USA. I think it would be better to reverse the cuts to benefits and police etc rather than resorting to these methods.
There was less Knife crime, acid attacks and moped crime before Austerity happened.
What sort of legislation (or changes to the existing) would you propose?
Please don't make out that I am being dismissive of the legal tightrope that our police must walk. I don't disagree at all with the concept of giving our police the best possible protection whilst enacting official policy, but I'm not sure it's necessary. I did a quick search for what sort of legislation the police are subject to and couldn't find much, but I did find this, which lays out guidelines and practices for police pursuits, tactics, etc: https://www.app.college.police.uk/app-content/road-policing-2/police-pursuits/
This seems to make it quite clear what the officer's remit is. It lays out authorisation, pursuit considerations, tactical options etc., in some detail. There's even a section specifically applicable to quads and motorcycles. As far as I can tell, all the IOPC are doing are checking that the officer in question abided by those criteria. Only if they didn't would they then decide that a case might need to be answered. I guess what I'm asking is, what about those practices in the link above do you not find sufficient to protect the individual officer?
Lefty liberal SJW!
Didn't you know that some in this forum has already concluded that it's the colour of their skin which makes them more likely to commit knife and acid attacks?!
/s
His point does have something to do with the thread. There is a clear correlation between austerity cuts to youth services and rising youth crime.
Nope, that isn't what is happening, there is no new legislation AFAIK, if you believe otherwise then I'm happy to be corrected.
As a common law system England & Wales doesn't necessarily need new legislation. If a court of record makes a decision that the actions are lawful (or not) then that is the case until overridden by a superior court or new legislation is passed by parliament.
Legislation allowing the use of these tactics in specific circumstances ergo giving a bit more clarity to the front line officers rather than seemingly just operating under the basis that this can constitute reasonable force.
I think you're conflating police policy/guidelines etc.... with the law. You were previously arguing for this policy, which seemingly currently does have an unclear legal position for the front line officers to just be tested retrospectively in court - that is IMO taking a rather blasé attitude - why should we expect officers to do this and then potentially throw them under the bus until we've had a bunch of court cases and have established whether the policy they're following is OK re: "reasonable force". Why not specifically allow for it via legislation?
Yup, but until then that means currently operating under uncertainty and potentially throwing police officers under the bus after they've done what politicians and senior officers ostensibly want them to do. It might not take a single case either, there might be a few areas of uncertainty that need to be clarified. Why not legislate and provide a bit more clarity now for those people who are there to protect us?
I do support the policy. I'm not conflating guidelines and law, I'm just saying that the combination of the two looks to be adequate (to me) to enact correct proceedings in this scenario.
If you still think I'm being blasé about the role our officers play and their feelings towards their protection while doing their jobs, then perhaps it would be best if we ask them...we have some serving officers on this board don't we?
As a common law system England & Wales doesn't necessarily need new legislation. If a court of record makes a decision that the actions are lawful (or not) then that is the case until overridden by a superior court or new legislation is passed by parliament.