Abstracts

Panel 1: The importance of ethics for policing

Adrian Lee, Importance of ethics in policing

In this presentation Adrian Lee will outline the importance of ethical leadership, particularly in these most challenging times. He will recognise the current high levels of trust in some areas of public life with reference to the survey conducted by Sir Christopher Kelly, the Chair of the Committee on Standards in Public Life. He will then outline the continuing need for an applied ethics of policing with reference to examples from operational policing, management and partnership activity. The presentation will outline current thinking within ACPO on ethical decision making, both at the strategic and operational level, making reference to decision making models being used and developed for the Service. At the heart of these models is a reference to the mission and values of the Service and work in progress to develop an up-to-date Statement of our Mission and Values will be explored. Finally he will consider an issue at the heart of ethical leadership: “How do you cope with failure?”.

Philip Stenning, Why should the police be concerned about ethics?

In this talk I will consider the nature of the implicit (and sometimes explicit) social contract under which, in liberal democratic theory, we cede to police the authority and power to interfere in our lives and limit our freedom in the interests of public peace, law enforcement, security and order. I will argue that this social contract requires the police, and those who govern them and provide them with their authority and powers, to be concerned with, and accountable to the citizenry for, the ethics, and not just the formal legality, of what they do and how they do it. Even when legally sanctioned, laudable ends do not always justify all means. And deontological as well as consequentialist ethical justifications are equally relevant to the police role in society.

David Strang

The starting point for any discussion on policing – ethical or otherwise – is to understand clearly what it is we wish our police service to do. Without clearly articulating the key role of policing in society, we should not be surprised if they don’t meet our expectations. The legitimacy of policing depends on the service carrying out the functions for which it is employed.

In asking what it is we wish the police service to achieve, some people have a very narrow and traditional view of policing, confusing process with outcomes. Their instant reaction to the question of what the police do is Law Enforcement or Emergency Response. Both are true. The police investigate crime, identify and report offenders, acting as the gateway into the criminal justice system. They also respond to emergencies, helping people at a point of crisis, whether through severe weather, sudden or accidental death, suicide or drugs overdose.

Both of these responses miss the question of why the police carry out these functions. The reason the police enforce the law and respond to emergencies is in pursuit of the higher goal of building community well-being. Prevention is the fundamental role of policing; combined with the protection of those most vulnerable and in need of protection – the very young, the elderly, those on the margins, without power or influence.

How we frame the challenge of policing will shape how our staff respond. For this reason, I do not use the language of fighting, of war – whether it’s crime, or drugs or terrorism. Who is the enemy?

If we are to build community well-being through prevention and protection, we need to frame the challenges we face as problem solving. This means taking a long-term approach, identifying the causes, underlying factors or contributory conditions, and working in partnership with others. There is very little the police service achieves on its own, without the support and cooperation of others.

Successful policing depends entirely on the quality of relationships – not just with partner organisations, but across a wide spectrum in society: local authorities, NHS, voluntary sector, business community and the public themselves. Relationships with politicians and the media are also key. Successful and ethical policing relies on the public’s positive view of the service. It is crucial that the public know that the service is on their side, acting on their behalf, in their community. The police are not an army of occupation, but servants of both the people and the state. The public need to have confidence in the police service, based on trust in the integrity of the men and women who serve.

Procedural justice requires both effectiveness and fairness. The very legitimacy of the service comes from its commitment to accountability, responsiveness, professionalism and competence.

Panel 2: Applying ethics to specific police activities

(a) Liberty and security / Use of force

Judith Gillespie

The presentation will focus on three real life and recent operational scenarios encountered by the Police Service of Northern Ireland:-

1. the requirement for a stop and search power without specific suspicion

2. the need to identify younger people involved in serious public disorder

3. the use of AEP and Water Cannon in serious public disorder where the lives of police officers are under real and immediate threat

The presentation will explain a little of the context to policing in Northern Ireland (e.g. the Patten Report, the establishment of a Police Ombudsman, and the PSNI Code of Ethics) but will focus on issues of today. It will also propose an ethical decision making model to help officers make decisions in such challenging operational contexts.

1. Stop and search

This is a hugely controversial issue, and the challenge is – how do we reconcile the need to protect the public with the need to protect the rights of the individual? The Recent European Court of Human Rights judgment in Gillan and Quinton v United Kingdom ruled that Section 44 of the Terrorism Act is unlawful and that legislative amendments would be required. The presentation will argue that the safeguards envisaged by the European Court are in fact already in place in Northern Ireland, and the need to protect the Article 2 Right to Life of the wider community has to take precedence when intelligence of (for example) a vehicle borne bomb attack is received, in the context of the severe threat in Northern Ireland.

We must also distinguish between having a power and using it. It may often be lawful to do something, if the legal conditions are met. But is it ethical? The ethical decision-making model provides a good framework for strategic decision-making, as it allows consideration of likely impact; legal/human rights consequences, etc.

2. Public disorder

In the context of widespread public disorder at the Fountain interface in Londonderry involving younger people from both sides of the sectarian divide, it became clear that there was a risk of serious harm both to the younger people and to older people living in a Residential Home right on the interface between the two communities. Residents were terrified, and there was significant disruption to normal community life and business.

Police considered a range of options in consultation with community representatives. These included the requirement to minimise recourse to force in planning operations. Finally police decided to publicise images of rioters in local newspapers, appealing for public help in identifying those responsible for the serious harm caused. Whilst this resulted in some criticism (and the operation is the subject of a Judicial Review) positive outcomes include a 70% reduction in disorder, and the vast majority (30 out of 37) of younger people identified being given diversionary disposals, thereby identifying them as a vulnerable group in need of multi-agency support.

3. Use of force in serious public disorder

In this scenario the rights of police officers in public order situations were a key consideration. In the presentation the background of disorder following a sensitive Orange Order Parade in Ardoyne on 12 July will be covered. PSNI seek to police the Parades Commission’s determination on the Parade and related protests by engaging with Community Representatives and discussing policing tactics – the “No surprises” approach. A detailed planning process, over a period of months, ensures that the right resources are in place and that everything possible is done to reduce the likelihood of disorder. Human Rights legal advice is taken at all stages – PSNI’s HR legal adviser is present at all planning meetings and in the control room for the entire operation. This assists in ensuring fundamental rights are upheld and there is defensibility of decision-making.

After the main parade has passed, a group attacks police officers and a police patrol is isolated and surrounded by rioters. It is clear from the radio transmissions and from the CCTV footage which will be included in the presentation that police officers believe their lives to be at risk. PSNI use Attenuating Energy Projectiles and Water Cannon. Our command decisions are as important in protecting officer safety as are the decisions made regarding training and equipment. The Policing Board which is representative of all main parties in Northern Ireland issues a statement supporting the tactics deployed by police.

Conclusion

The presentation will propose a decision making model which prompts five specific questions (in addition to addressing Proportionality, Legitimacy/Legality, Authority/Accountability and Necessity) to provide a safeguard towards ethical decision making.

Jim Waddington, Use of force: ethics and policy

When police officers use force against members of the public critical attention often focuses exclusively upon the immediate circumstances: was the officer ethically justified in using the amount of force that was applied in the circumstances they faced? The 'violence prone' officer (Toch 1996) is likely to apply a much lower threshold in making recourse to the use of force than others. However, this approach has echoes of the ‘rotten apple’ theory of police wrongdoing; perhaps in using force it is not only the ‘apple’ that is rotten, but also the ‘orchard’ (Punch 2003; Punch 2009). How does an officer find themselves in a situation where force becomes necessary? With what equipment and training in its use is the officer provided, and is it appropriate or adequate? What is the policy environment that surrounds the officer and how is that policy implemented?

This paper will consider these issues by examining a particular means of using force — the pursuit of vehicles that fail to stop when commanded by the police. This is a use of force that is most lethal in its consequences, but which raises intriguing issues of culpability. If a pursued vehicle crashes and kills its occupants or other road users, is the driver to blame or the pursuing police officers? Was it likely that such a driver would have been involved in collision irrespective or police involvement? Is the management of ‘pursuits’ by senior officers effective?

It will draw upon two research projects in which the author has recently been involved: a study of how police talk about the use of force in six countries; and current research using video–clips as vignettes to elicit evaluations of police conduct from focus groups throughout the ‘Black Country’ region of the West Midlands. It will conclude by arguing that police pursuits should cease and be replaced by alternative methods of countering illegal driving.

REFERENCES

Punch, M. 2003. "Rotten Orchards: "Pestilence", Police Misconduct and System Failure." Policing and Society 13:171-196.

Punch, Maurice. 2009. Police Corruption: Deviance, Accountability and Reform in Policing. Collumpton: Willan.

Toch, Hans. 1996. "The violence-prone officer." Pp. Yale University Press in Geller, William A.; Toch, Hans, vol. Police Violence: Understanding and Controlling Police Abuse of Force.

(b) Conscientious objection

Adrian Lee, Conscientious objection in policing

The potential for conflict between the wording of the Attestation and conscientious objection will be outlined, with reference to specific examples. The underlying issues will be explored including: trust and confidence; legitimacy; discretion; the moral-legal interface; and organisational versus individual values. Parallels will be drawn with the application of conscientious objection in medicine and considerations within the church. The presentation will consider how human resources management has managed similar issues before proposing a possible way forward.

Jonathan Hughes, Cops and conscience

The issue of conscientious objection in policing was brought briefly to public attention in 2006, when newspapers reported that a member of the Metropolitan Police’s Diplomatic Protection Group had been excused from duty guarding the Israeli embassy because of his moral objection to Israeli military action in Lebanon and the resulting civilian casualties among fellow Muslims. Reactions to the case were overwhelmingly critical of the Met, and the Met itself declined to defend the principle of conscientious objection. However, it is perhaps surprising that there has not been more advocacy of a right of conscientious objection in policing given the recognition accorded to conscientious objection in other contexts, the morally sensitive nature of much police work, and the increasing importance placed on ethical behaviour by police officers. This paper attempts, by relating policing to the cases of the military and healthcare, in which conscientious objection has been more widely discussed, to identify the factors that should be taken into account in deciding whether and in what circumstances conscientious objection in policing should be recognised.

Panel 3: Challenges of training ethical police officers

Eve Garrard

Three questions arise when we consider the provision of ethics training for police officers:

1) Why should we teach ethics to police officers?

a) The role of conscience

b) The role of experience

c) The role of reflection

2) Are there any particular problems in teaching ethics to police officers?

a) General issues in teaching professional ethics

b) The teacher’s credibility

c) Providing a ‘safe environment’

3) What should be the content of the teaching?

a) The nature and significance of moral disagreement

b) The role of theory

c) The role of principles and codes

d) The role of cases

Stuart Simpson

Ethical policing is one of the pivotal issues in the recognition and understanding of policing as a profession. How officers routinely exercise their discretion can have a defining impact on individuals and communities. It is the uniqueness of the powers that a police officer holds that make the issue of ethics and policing so important. The current government appears to suggest it wants policing to become more community based and therefore more accountable to communities they serve. Alderson (1998), argues that there is an implied contract between communities and policing for policing by consent to be successful in and accountable to communities. Crucial for the continuing development of this model is the value based decisions that police officers of all ranks make. Theresa May (‘Policing in the 21st century: reconnecting police and the people’, 2010), has stated her aim for policing, as being primarily one of ‘fighting crime’ and ‘restoring professional judgement and discretion’ whilst at the same time being more community focused. This could be problematic if police organisations are not prepared for the increased demand it will place on their services and in particular upon ethical decision making by police officers. The aforementioned approach may be interpreted by some as a ‘mission’ to reintroduce specific ‘law and order’ approaches to policing. This approach presents challenges to all in the police service, in particular junior ranks, as it is arguably the junior ranks who will have the biggest impact on communities when making value based decisions. This presents police organisations with a complex and demanding approach for the training of ethical police officers. How does policing meet the needs of this increasingly complex challenge? It is at such times that organisations such as the police need to reflect upon past performance and consider new strategies to deal with changing landscapes and demands. It is the intention of this paper to indentify and discuss some of the challenges faced in the training and development of ethical police officers.

Panel 4: Developing, applying and updating ethical codes for police

Al Hutchinson, Policing Ethics

It is the second meaning of the term ‘Policing of Ethics’, specifically the impact of external oversight on ethical policing, that seldom receives consideration when discussing accountability for ethical policing. The Police Service of Northern Ireland (PSNI) operates within the framework of its Code of Ethics (2^nd), which is also the Disciplinary Code for police misconduct. Apart from the normal individual, supervisory and corporate responsibilities for ethical policing behaviour, the Police Ombudsman of Northern Ireland, operating alongside the PSNI Professional Standards Department, has a responsibility for the independent policing of ethics. This occurs through public complaints, Chief Constable and statutory referrals, and the ability of the Police Ombudsman to call himself in to examine policing (ethical) situations. The question, of course, is whether or not the external policing of ethics has a positive impact on police behaviour? The Police Ombudsman will discuss the issues surrounding this question, and the experience and impact of almost 10 years of ‘policing ethics’ in Northern Ireland. This would be a valuable area of research for academics or others wishing to pursue a comparative analysis.

Philip Stenning*

Three comments/questions about the role of police codes of ethics:

(1) The purposes of such codes: (a) to establish the key ethical values of the police organisation; (b) to provide ethical guidance for officers in performing their duties; (c) to inform the public of the organisation's ethical values, against which they can assess its performance. maybe most police codes of ethics over-emphasise (b) and underemphasise (a) and (c)?

(2) Questions about the advisability of attempts to combine a code of ethics and a discipline code in a single document (i.e. treating breaches the ethical principles in such codes as the basis for disciplinary action). Concerns that principles enunciated in an ethics code are too general/vague to form a basis for a disciplinary charge of misconduct (e.g. "behave in a way that is likely to bring discredit upon the police service" - 1.10 of the PSNI Code of Ethics), thus denying to officers the right to know more specifically what behaviour will (and will not) constitute "misconduct". The extremely discretionary character (based on over-broad room for interpretation by the adjudicator in applying the code) of disciplinary justice based on such vague prescriptions. Resembles what Max Weber referred to as "khadi-justice" ("irrational in the sense that it is peculiarly ruleless" - "failure to distinguish in a principled way between legal and extra-legal (ethical or political) grounds for decision" - "its willingness to take into account all sorts of considerations, non-legal as well as legal - which gives it its substantive character"). Consequent denial of "due process"/"natural justice" in disciplinary proceedings.

(3) Codes of police ethics have a tendency to focus too much on individual misconduct, and not enough (or not at all) on systemic (corporate) ethical deficiencies (e.g. the "institutional racism" identified by the 1999 Macpherson report on the Stephen Lawrence murder investigation), which may lie at the root of individual unethical conduct. Those responsible for such systemic problems too easily escape scrutiny/accountability, and systemic ethical deficiencies too easily go unrecognised and unremedied.

(* Please note that Professor Stenning stood in at the last minute for another speaker who had been scheduled to present a paper in this panel, so was unable to present a paper as such, but could only present a few brief comments on the topic, illustrated by reference to the PSNI's Code of Ethics.)

Panel 5: Accountability for ethical policing

John McNeill, Holding to account: the utility of a human rights based approach for Scottish policing bodies

The review of Scottish policing that is currently underway presents an opportunity to strengthen arrangements for holding the police to account, and to improve the effectiveness of police authorities in dealing with complaints against policing bodies. This paper promotes the adoption of a human rights based approach as a framework for enhanced accountability, notes the potential to develop a code of ethics based on the principles of the Human Rights Act 1998, emphasises the importance of using impact assessments, and points to the relevance of proportionality in a new approach to complaints handling.

Miranda Carruthers-Watt

Consideration of the principles underpinning the governance within Local Government and also Policing especially of civilian police forces. Consideration of how that relationship exists with the constitutional position of the Chief Constable answerable only to the Law. Discussion of how these principles sit alongside the issues of accountability, answerability and responsiveness and what changes directly elected Police and Crime Commissioners may bring to this.