Artykuły w czasopismach na temat „Police powers”
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1
MORGAN, ROD. "Police Power and Police Powers". Howard Journal of Criminal Justice 27, nr 1 (luty 1988): 70–72. http://dx.doi.org/10.1111/j.1468-2311.1988.tb00604.x.
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White, Rob, i Chris Richards. "Police Unions and Police Powers". Current Issues in Criminal Justice 4, nr 2 (listopad 1992): 157–74. http://dx.doi.org/10.1080/10345329.1992.12036564.
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Stevandić, Danilo. "Police powers: Definition of the term in legal theory". Bezbednost, Beograd 64, nr 2 (2022): 119–44. http://dx.doi.org/10.5937/bezbednost2202119s.
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The paper elaborates on the term "police powers" from both a theoretical and legal standpoint. Following the introductory section, the second part of the paper offers a semantic analysis of the legal term "police power", whilst the third part deals with the structure of police powers. The fourth part considers general legal characteristics of police powers, whereas the fifth part focuses on demarcation in respect of other related terms. The author concludes that a police power in its nature is a type of power (public law prerogative), and that it differs from other similar terms in sense of its specific characteristics: coercive character, special purpose and necessity of its implementation for the purpose of discharging a police duty (task at hand). The differences between police powers, police measures and actions are not such as to require different legal regimes. If the reason for its use is an unfulfilled duty from an administrative legal relationship, and if its use falls within the limits of such legal relationship, the police power is subject to a legal regime of administrative action; the use of police powers in either criminal cases or cases of misdemeanour entails the procedural actions determined by the relevant procedural law.
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MORRIS, GILLIAN S. "PICKETING AND POLICE POWERS". Industrial Law Journal 14, nr 1 (1985): 109–11. http://dx.doi.org/10.1093/ilj/14.1.109.
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Sentas, Vicki, i Michael Grewcock. "Criminal Law as Police Power: Serious Crime, Unsafe Protest and Risks to Public Safety". International Journal for Crime, Justice and Social Democracy 7, nr 3 (1.09.2018): 75–90. http://dx.doi.org/10.5204/ijcjsd.v7i3.554.
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This article considers the deepening of police power in New South Wales (NSW), Australia, criminal law. It analyses the combined effects of four recent criminal law regimes that not only give the NSW Police Force more powers, but also reflect the significant role of institutional police power and the pre-emptive logic of criminal law. We examine: the introduction of serious crime prevention orders; the introduction of public safety orders; investigative detention powers in relation to terrorist acts; and confiscation, forfeiture and search powers, and trespass offences that target protests. Drawing on the work of ‘police power’ theorists, we argue that these new regimes illustrate the centrality of police power to the criminal law rather than a deviation from a putative, ‘normal’ criminal law.
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Davenport, Alan. "Police Powers: Entry and Arrest". Journal of Criminal Law 69, nr 2 (kwiecień 2005): 98–101. http://dx.doi.org/10.1350/jcla.69.2.98.63525.
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Carnegie, A. R. "Police powers—sampling the commonwealth". Commonwealth Law Bulletin 18, nr 3 (lipiec 1992): 1143–50. http://dx.doi.org/10.1080/03050718.1992.9986213.
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Baldwin, John, i Roger Leng. "Police Powers and the Citizen". Howard Journal of Criminal Justice 23, nr 2 (26.01.2009): 88–98. http://dx.doi.org/10.1111/j.1468-2311.1984.tb00496.x.
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Mugari, Ishmael, i Emeka E. Obioha. "Patterns, Costs, and Implications of Police Abuse to Citizens’ Rights in the Republic of Zimbabwe". Social Sciences 7, nr 7 (16.07.2018): 116. http://dx.doi.org/10.3390/socsci7070116.
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The Police play a key role in maintaining law and order and safeguarding the security of the nation and its citizens. To enable them to discharge their constitutional mandate, they are entrusted with powers such as the power to arrest, detain, search, and to use force. However, police officers have often abused these powers with serious consequences on the image and operations of the organisation. The media is often inundated with news on unlawful arrests, arbitrary search and seizure, unlawful methods of investigations, and the excessive use of force. It is without a doubt that these incidences of abuse of powers and functions by the police come at a price. This study, a survey conducted with 91 respondents (83 members of public and 8 police officers) in 2 policing districts in Zimbabwe reveals wanton violation of human rights, police brutality, and the abuse of power which have resulted in both social and economic costs to the Police service and government of Zimbabwe through Civil suits against the police. Among other issues, training and decisiveness in dealing with the implicated police officers were viewed as the most effective ways for dealing with police abuse of power.
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Lohse, Mikael. "Police Primacy: Organizing Police Powers under the Palestinian Authority". Journal of Strategic Security 15, nr 3 (październik 2022): 80–94. http://dx.doi.org/10.5038/1944-0472.15.3.2014.
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The Secretary of State established the Office of the United States Security Coordinator for Israel and the Palestinian Authority (USSC) in 2005 to meet U.S. commitments under the Middle East Roadmap for Peace. USSC’s vision is to strive for a civilian-controlled, self-sustaining, affordable, and accountable security structure, focused on “police primacy”, operating within the rule of law while providing necessary law enforcement to safeguard the Palestinian people. This vision is far from accomplished: Palestinian Authority (PA) security forces continue arbitrary detention, torture, and use of excessive force. This article examines the wide applicability of police powers – premised as the main reason for chaotic law enforcement activities within the PA’s security forces – agency by agency, and by considering both laws in force and proposed draft legislation. The article ends with recommendations to institutionalize police primacy by means of regulation.
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Attwood, Wesley R., Melissa Sneath i John G. Thacik. "Circumstantial Powers of “Special Fire Police” in Pennsylvania: Statutory Consequences and Recommendations". Criminal Justice Policy Review 31, nr 4 (24.07.2019): 592–608. http://dx.doi.org/10.1177/0887403419864143.
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Volunteer police have been an instrumental part of Western policing since the inception of the concept of police. The Commonwealth of Pennsylvania utilizes volunteer police under the title of “Special Fire Police.” Described as “firemen cloaked with police powers” in corresponding case law, these volunteers are statutorily provided with full powers to regulate traffic and keep crowds under control at any fire or emergency and to exercise other police powers which are necessary to prevent interference with the work of firemen. Although these volunteers have been in use for more than 50 years, the other police powers they are granted by law have remained largely undefined. This research will examine the current statutory and case law relevant to special fire police as well as those relevant to general Pennsylvania police powers to demonstrate the circumstantially defined police powers that could be adopted based on interpretation.
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Crawford, Adam, i Stuart Lister. "Young people, police and dispersal powers". Safer Communities 7, nr 2 (kwiecień 2008): 4–7. http://dx.doi.org/10.1108/17578043200800012.
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Flacks, Simon. "The stop and search of minors: A ‘vital police tool’?" Criminology & Criminal Justice 18, nr 3 (12.07.2017): 364–84. http://dx.doi.org/10.1177/1748895817720485.
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Police stop and search powers have been widely criticized for the disproportionate manner in which members of black and ethnic minority communities are targeted. However, the use of such powers on minors in England and Wales has largely escaped comment, despite good evidence that such practices are harmful and counter-productive. Whilst data on the stop and search of under-10s and even toddlers has been reasonably widely reported by the mass media, there has been little interest in the welfare of older children who are subject to such police powers. Drawing on police data, qualitative research and information obtained through Freedom of Information requests, this article considers the relationship between potentially corrosive stop and search practices, young people’s use of public space and the question of vulnerability. It is concluded that policy and practice around the use of such powers should be amended to take account of the specific needs of individuals under the age of 18, and that children’s welfare should be a central consideration.
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Park, Ho Hyun. "Discussion on Rational Role Establishment of the National Investigation Headquarters: Focusing on the law amendment on the Organization and Operation of National Police and Municipal Police". Forum of Public Safety and Culture 19 (30.11.2022): 31–44. http://dx.doi.org/10.52902/kjsc.2022.19.31.
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In the past, police were not a human rights protection agency for the people. It was just a part of the state's power. However, the police have come to realize that they have to change themselves according to social changes. Despite such efforts, however, police and prosecutors have formed a relationship between top and bottom in the investigation. But most of the investigations are handled by police. Therefore, it is a problem that investigative powers are granted to prosecutors. That is, it can be a problem in terms of rapid investigation and the protection of people's human rights. The police have tried to solve these problems. These efforts by the police gave them the right to close the primary investigation. However, it can be a problem to concentrate power on one institution. In the end, if power is concentrated in one institution, the human rights of the people may be violated. Therefore, the National Investigation Headquarters was launched through the revision of the police law. The establishment of the National Investigation Headquarters serves as a control tower for investigations. Nevertheless, it is pointed out that the National Investigation Headquarters needs policy alternatives in various areas, including organization and personnel management. This paper will find out the problems the National Investigation Headquarters has. Then I would like to present a policy direction on this.
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Savchenko, V., i I. Ravlyuk. "POLICE POWERS UNDER GERMAN CRIMINAL PROCEDURAL LAW". “International Humanitarian University Herald. Jurisprudence”, nr 43 (2020): 155–58. http://dx.doi.org/10.32841/2307-1745.2020.43.34.
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Baltag, Crina. "Investment Arbitration and Police Powers: Emerging Issues". European Investment Law and Arbitration Review Online 5, nr 1 (11.12.2020): 392–99. http://dx.doi.org/10.1163/24689017_016.
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The doctrine of police powers is increasingly raised as a defence by host States in investment arbitration proceedings, in particular in the context of claims with an environmental component. The succinct analysis below highlights that while the doctrine can effectively be enforced by arbitral tribunals in determining that a measure taken by a host State and resulting in loss of property of an investor does not constitute expropriation, certain concerns with the application of this doctrine must still be addressed. The limitations to the police powers, as well as the issue of burden of proof, as recently discussed in Les Laboratoires Servier v. Poland, are few of the matters of concern. Further, the discussion is even more timely in the context of the investor-State dispute settlement reform and the discussions in the UNCITRAL Working Group III.
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Harris, Lachlan. "Paint Fumes and Police Powers in Victoria". Alternative Law Journal 28, nr 3 (czerwiec 2003): 147–48. http://dx.doi.org/10.1177/1037969x0302800312.
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Griffith, Richard. "Amended police powers under the MHA 1983". Journal of Paramedic Practice 9, nr 10 (2.10.2017): 424–27. http://dx.doi.org/10.12968/jpar.2017.9.10.424.
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Greer, Steven. "Police Powers in Spain: The “Corcuera Law”". International and Comparative Law Quarterly 43, nr 2 (kwiecień 1994): 405–16. http://dx.doi.org/10.1093/iclqaj/43.2.405.
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Kellam, A. M. P. "Police powers to obtain information about patients". Psychiatric Bulletin 18, nr 2 (luty 1994): 99–100. http://dx.doi.org/10.1192/pb.18.2.99.
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Wong, Kam C. "Police Powers and Control in Hong Kong". International Journal of Comparative and Applied Criminal Justice 34, nr 1 (marzec 2010): 1–24. http://dx.doi.org/10.1080/01924036.2010.9678815.
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Mugari, Ishmael, i Adewale A. Olutola. "The Role of the Court and the Constitution on Police Oversight in Zimbabwe: Prospects and Challenges". Journal of Economics and Public Finance 3, nr 2 (29.05.2017): 272. http://dx.doi.org/10.22158/jepf.v3n2p272.
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<p><em>The wide discretionary powers that are bestowed on the police necessitate the need for some mechanisms to curb abuse of these powers. The court, as an accountability institution, plays an important role in curtailing police abuse of power. This study explored the role of the court in police oversight in Zimbabwe, as well as examining the effectiveness of this important oversight institution in Zimbabwe. A total of 126 respondents drawn from institutions of accountability, were invited to participate through questionnaires and in-depth interviews. The study revealed that the court is an effective institution of police accountability, whose police oversight role is performed through: deciding on the propriety of police actions; presiding over criminal cases in which police officers are implicated; and presiding over civil suits against the police. However, despite the court’s effectiveness, the limited number of judicial officers and absence of a mechanism to implement court judgements against the police seem to militate against the court’s effectiveness. The constitution was widely viewed to be an effective legal document for enhancing police accountability, though its effectiveness largely depends on willingness of state institutions to adhere to constitutional provisions. Despite some obstacles, the court and the constitution are key independent mechanisms for curbing police abuse of power in the Republic of Zimbabwe.</em></p>
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Risteski, Temelko, Georgi Tonovski i Vesna Sijic. "PROTECTION OF HUMAN RIGHTS IN CASES OF POLICE POWERS EXCEED IN THE REPUBLIC OF NORTH MACEDONIA". Knowledge International Journal 30, nr 6 (20.03.2019): 1371–76. http://dx.doi.org/10.35120/kij30061371r.
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Police in a democratic society is a service of the citizens. Its main tasks are the maintenance of public order and peace, the direct protection of human rights of citizens, the prevention of criminal acts and the fight against crime. As a service of the citizens, the police is obliged to respect human rights while performing the activities within its competence. The police have a dual role in securing human rights. On the one hand, it is obliged to protect human rights. On the other hand, when taking police powers, it should be extremely careful and not allow human rights to be endangered by exceed police powers.The powers of the Macedonian police in the performance of the activities under its competence are prescribed by the Law on Internal Affairs and the Law on Police. They are numerous. Among them are the use of firearms and other means of coercion. In addition, it has the right to examine citizens, the right to detention and deprivation of liberty. These and other powers of the police are always followed by a latent danger of being exceeded and thus, human rights to be harmed.The paper deal protection of human rights in cases of exceed police powers such as unlawful and unprofessional conduct, offensive and degrading behavior, harassment, excessive use of force with elements of torture, brutal behavior, bodily injuries, etc. In addition, the paper includes mechanisms for prevention of overstepping of police powers from the aspect of human rights protection.
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Wang, Joanna JJ, i Don Weatherburn. "The effect of police searches and move-on directions on property and violent crime in New South Wales". Journal of Criminology 54, nr 3 (25.03.2021): 383–401. http://dx.doi.org/10.1177/00048658211003637.
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The New South Wales (NSW) Law Enforcement (Powers and Responsibilities) Act 2002 gave the NSW Police the power in certain circumstances the power to stop, search and detain a person without warrant. The same legislation gave the police the power to direct a person to move on from a place if they believe on reasonable grounds that the person in question is obstructing traffic or another person; engaging in behaviour that is considered harassment or intimidation to another person (or people); behaving in a way that is causing or likely to cause fear to a reasonable person or present in the place in order to unlawfully supply or cause another person to unlawfully supply drugs. The exercise of these powers has attracted considerable controversy, but little is known about their effectiveness in controlling crime. We investigate the relationship between police activity and crime using panel data of 17 Local Area Command for the period 2001 to 2013. We find a significant and strongly negative long-run relationship between both indices of police activity and each of break and enter, motor vehicle theft and robbery. No significant long-run relationship is found between assault and move-on directions. The person search activity is negatively related to assault, but the effect is weak; with a 10% increase in person search only resulting in a 0.5% fall in assaults. The implications for the exercise of police move-on and search powers are discussed.
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Arzt, Clemens. "Preventive Powers of Police in Namibia – A Rights-Based Approach". Verfassung in Recht und Übersee 52, nr 4 (2019): 504–27. http://dx.doi.org/10.5771/0506-7286-2019-4-504.
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Namibia gained independence and ended the rule of apartheid only in 1990. It is often lauded as a model of human rights-based countries in Africa. Immediately after independence, the country introduced a distinctly rights-based Constitution with a broad Bill of Rights and also promptly laid the base for a modern police by enacting the Police Act of 1990. In that framework the Namibian Police are endowed with a broad set of ‘police powers’, i.e. means or measures of the police like questioning, arrest, search and seizure etc. ‘Preventive’ powers as a legally distinctive feature refers to law and order policing and prevention of crime, both clearly to be distinguished from investigation of criminal offences. Standards of human and fundamental rights protection developed under criminal procedure law are not directly applicable when it comes to the broad field of “preventive” powers of police. Subsequently these powers often lack a clear cut notional and legal concept, resulting in a deficit of predictability and delimitations despite of a rights based approach in the Constitution and the Police Act in general.
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Reid, Kiron. "Race Issues and Stop and Search: Looking behind the Statistics". Journal of Criminal Law 73, nr 2 (kwiecień 2009): 165–83. http://dx.doi.org/10.1350/jcla.2009.73.2.562.
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This article considers the ongoing controversy over police powers to stop and search. It particularly looks at the evidence of racial disparity in use of these powers from the official statistics. The article considers attempts to improve use of stop and search by the police, including extra safeguards introduced after the Macpherson Report and the reduction of recording requirements after the Flanagan Report. It considers the argued fall in police use of stop and search after Macpherson and increase in use of general and anti-terrorist stop and search powers after 9/11 and 7/7. Police arguments to justify differential use between ethnic groups are considered. While concentrating on the developments since the late 1990s, the continuing nature of the debate about police use of powers in the last few decades is highlighted. The article considers the great concern about knife crime in recent years and government and police policies to deal with this. The analysis focuses on the potential impact on young people.
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Gomes de Almeida, Franklin Epiphanio. "POLICE DISCRETION AND PROCEDURAL JUSTICE". Revista do Instituto Brasileiro de Segurança Pública (RIBSP) 4, nr 8 (9.12.2020): 78–88. http://dx.doi.org/10.36776/ribsp.v4i8.120.
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Discretion is an important and inevitable characteristic of policing that raises several discussions among academics and practitioners in the field due to the significant impact that police decisions can have on citizens’ lives and on the credibility of police institutions. This controversial attribute of police power presents challenges to the exercise of policing in democratic societies. This essay argues that procedural justice upholds police discretionary powers. It also presents real-life examples of how the exercise of police discretion in policing diverse communities may be used to counter or endorse principles of equality and procedural justice.
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Mocarska, Dorota. "Limits of criminal liability of police officers - historical-legal study". Internal Security Special Issue (4.06.2019): 29–43. http://dx.doi.org/10.5604/01.3001.0013.2169.
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Misuse of power is a crime that threatens the proper functioning of state institutions, undermining trust in the system of power, and creates a particular sense of injustice among the citizens who come into contact with it. Service in the Police puts before each officer a number of duties, resulting from the provisions of law contained in acts, regulations as well as decisions and orders of superiors. Few professions are so ethically demanding and so full of moral conflicts. No other profession requires making moral judgements about the behaviours of other people, and using in response to these behaviours appropriate social reactions, based on moral reasons. The crime of abuse of function involves the exceeding of powers or failure of a public officer to perform his duties, and such abuse of power must be to the detriment of a public or private interest. Acting to the detriment means that the offender's conduct poses a threat to any public or private good. The crime of abuse of power consists in the action of an entity having specific duties and powers in the public sphere, where that action consists in exceeding the powers or failing to fulfil the obligations to the detriment of a legally protected good. In each case a number of activities are required to establish the source of the right or obligation of a public officer to take specific actions, to define the addressee and the content of the right or obligation, and in the event that the public officer is under an obligation to act, also to determine the moment of updating the obligation. Furthermore, an indication of the part of the actual conduct of the offender which was directly related to a specific prohibition or order and a demonstration that the actual conduct of a public officer was contrary to that prohibition or order. Exceeding the powers by a public officer should be considered a specific type of factual and formal event, when there is a breach of an official order or prohibition binding on this person.
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Leigh, Leonard H. "Vers une réforme des pouvoirs de la police en Angleterre". Les Cahiers de droit 20, nr 3 (12.04.2005): 583–601. http://dx.doi.org/10.7202/042329ar.
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The author discusses certain reforms to the law of police powers which are currently being demanded by the English police. He notes that the English police have long acted under a regime of limited powers. These have proven to be irksome, but they have also conduced to a regime under which the police use the minimum powers possible and rely considerably on public support in the fight against crime. The police however urge that further powers are necessary, notably powers to stop and question persons in public places and to hold arrested persons for interrogation concerning the commission of offences before charging the person or bringing him before a magistrate. These wide powers resemble those of certain other systems, notably France, the practical workings of which are comparatively little known in Britain. They are of doubtful legality in view of the European Convention on Human Rights. The author questions the necessity for and the desirability of such powers. He contends that they are apt to be abused, and that the French experience affords a guide to what might happen. He argues that formal powers are no substitute for public support. He fears that powers to stop and search will cause resentment, and that little countervailing practical benefit will result from them. As regards powers to detain persons before charging, he argues that such procedures will erode existing civil liberties safeguards and that certain proposed safeguards such as limiting the time available to the police for detention will prove ineffectual. There will be little time to inform defence lawyers of the nature of the case at an early stage and magistrates will probably support the police. If detention is to be allowed judicial permission should, as a general rule, be sought in advance from a High Court Judge. Here he advances a model based upon the experience of Cyprus. The author also considers, briefly, the modalities of interrogation. He considers that the suspect must continue to have a right to silence. He must also have the right to the timely assistance of a defence lawyer, a right which presently is too often subverted by the practice. The author considers also that thought should be given to the question whether a suspect should have the right to the assistance of a lawyer during police interrogation. The author concludes that in assessing the nature of and necessity for accretions and additions to police powers, the English should not lose sight of their historic attachment to civil liberties.
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Turenko, Oleh. "THEORY AND VOCATION OF THE POLICE IN MODERN STATE STUDIES: INTERPRETATION OF M. FОUCAULT". Ukrainian polyceistics: theory, legislation, practice 2, nr 2 (2021): 39–48. http://dx.doi.org/10.32366/2709-9261-2021-2-2-39-48.
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The Foucault’s interpretation of the police, its theoretical substantiation, the range of powers and managerial tasks in modernist discourses. The French philosopher emphasized it should the modern concept of “police” does not coincide with its original theories of modern times. The doctrines of modern political scientists idealized the vocation of the police and identified it with the entire government, providing it with universal means of implementing the state interest. Considering the police from the perspective of “history of thought” Foucault notes that it is the unlimited nature of police functions gave the modern government to approve a disciplinary society, a new form of government - bio-power. This form of power totally controlled the individual, “took care of him” at all levels of biological life and, above all, the depths of consciousness - artificially created his authenticity. At the same time, in the theories of political scientists, the police received the status of a self-regulatory body, whose activities were not strictly controlled by state laws. In this case, the police, in the imaginary sense, is the living embodiment of state interest, morality and integrity, the formative and corrective body of state power. In order to form a disciplined and productive life, the police must direct individuals to regulation, to their temporal and hierarchical repetition. The a priori qualities of the police and its all-encompassing powers form the basis for the assertion of the idea of a “police state” and its radical form of panopticon. It is thanks to the idea of panopticon, its practical implementation by the police in modern society - the formation of disciplinary practice of continuous control in the social institutions of modernism.
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Solntseva, Khrystyna. "Policeman’s competence as a component of his administrative and legal status: experience of the Baltic countries and the USA". Law and innovations, nr 3 (35) (21.09.2021): 41–48. http://dx.doi.org/10.37772/2518-1718-2021-3(35)-6.
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Problem setting. The priority of law enforcement agencies of any developed country is to ensure law and order, protect individuals, society and the state from crime, and combat crime. These functions stand out among others in the regulatory framework and are the starting point for the activities of the country's law enforcement system. However, it is fair to say that the extent to which primary and secondary police powers are exercised varies considerably across countries. The level of its efficiency depends on it to a greater extent. Having embarked on the path of European integration, Ukraine has adopted a lot of new things into the legal basis of the National Police of Ukraine, however, there is a need for further implementation of legal norms in national legislation. Target of research. The purpose of the study is to analyze the police powers in the United States, Ukraine and the Baltic countries, the search for new models of policing for further implementation in Ukrainian legislation. Analysis of recent researches and publications. Significant contribution to the study of the organization and legal support of policing in the world, its importance in ensuring public safety, areas of strategic development of the police have made such scientists as Bugaychuk K. L., Chumak V. V, Mashutina E. V., Filstein M. V. etc. Article’s main body. Police activities in Ukraine, first of all, is regulated by the Law of Ukraine «On the National Police» (02.07. 2015). It defines the principles of police activity, the police system, the measures applied by police officers, police powers, etc. Police powers are disclosed in the regulations quite fully and clearly, there is a division into basic, due to the appointment of a police body, and additional, which can be determined only by law. Nevertheless, the problem lies in the uncertainty of these powers given the police system. Given problems related to the normative component of policing, it is appropriate and relevant to refer to the foreign practice of the police, in particular to identify some features of their competence. We suggest that police competence is understood as a set of rights and responsibilities of a police officer, as well as the services provided by him. Analysing the experience of the Latvian police, it is necessary to note the differentiation of the police body depending on the field of activity and direct subordination. The Latvian police system has the following police units: the State Police, the Security Police, the Self-Government Police and the Port Police. Police activity in Lithuania has certain features of the stages of reforming the Lithuanian police such as depoliticization, professional development of the law enforcement system, active fight against corruption, provision of law enforcement services to the population, cooperation with the European community, deepening integration processes of internal security. Conclusions and prospects for the development. It is appropriate to establish a legal definition of each structural unit of the police and their main powers, as well as to propose the division of police powers depending on their rights, responsibilities and services. Specific changes should concern both the Law of Ukraine «On the National Police» and bylaws, in particular the Resolution of the Cabinet of Ministers of 04.06.2007 «On approval of the list of paid services provided by units … of the National Police», the Resolution of the Cabinet of Ministers of 28.10.2015. «On approval of the Regulations on the National Police».
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Solntseva, Khrystyna. "Policeman’s competence as a component of his administrative and legal status: experience of the Baltic countries and the USA". Law and innovations, nr 3 (35) (21.09.2021): 41–48. http://dx.doi.org/10.37772/2518-1718-2021-3(35)-6.
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Problem setting. The priority of law enforcement agencies of any developed country is to ensure law and order, protect individuals, society and the state from crime, and combat crime. These functions stand out among others in the regulatory framework and are the starting point for the activities of the country's law enforcement system. However, it is fair to say that the extent to which primary and secondary police powers are exercised varies considerably across countries. The level of its efficiency depends on it to a greater extent. Having embarked on the path of European integration, Ukraine has adopted a lot of new things into the legal basis of the National Police of Ukraine, however, there is a need for further implementation of legal norms in national legislation. Target of research. The purpose of the study is to analyze the police powers in the United States, Ukraine and the Baltic countries, the search for new models of policing for further implementation in Ukrainian legislation. Analysis of recent researches and publications. Significant contribution to the study of the organization and legal support of policing in the world, its importance in ensuring public safety, areas of strategic development of the police have made such scientists as Bugaychuk K. L., Chumak V. V, Mashutina E. V., Filstein M. V. etc. Article’s main body. Police activities in Ukraine, first of all, is regulated by the Law of Ukraine «On the National Police» (02.07. 2015). It defines the principles of police activity, the police system, the measures applied by police officers, police powers, etc. Police powers are disclosed in the regulations quite fully and clearly, there is a division into basic, due to the appointment of a police body, and additional, which can be determined only by law. Nevertheless, the problem lies in the uncertainty of these powers given the police system. Given problems related to the normative component of policing, it is appropriate and relevant to refer to the foreign practice of the police, in particular to identify some features of their competence. We suggest that police competence is understood as a set of rights and responsibilities of a police officer, as well as the services provided by him. Analysing the experience of the Latvian police, it is necessary to note the differentiation of the police body depending on the field of activity and direct subordination. The Latvian police system has the following police units: the State Police, the Security Police, the Self-Government Police and the Port Police. Police activity in Lithuania has certain features of the stages of reforming the Lithuanian police such as depoliticization, professional development of the law enforcement system, active fight against corruption, provision of law enforcement services to the population, cooperation with the European community, deepening integration processes of internal security. Conclusions and prospects for the development. It is appropriate to establish a legal definition of each structural unit of the police and their main powers, as well as to propose the division of police powers depending on their rights, responsibilities and services. Specific changes should concern both the Law of Ukraine «On the National Police» and bylaws, in particular the Resolution of the Cabinet of Ministers of 04.06.2007 «On approval of the list of paid services provided by units … of the National Police», the Resolution of the Cabinet of Ministers of 28.10.2015. «On approval of the Regulations on the National Police».
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Jasch, Michael. "Police and Prosecutions: Vanishing Differences between Practices in England and Germany". German Law Journal 5, nr 10 (1.10.2004): 1207–16. http://dx.doi.org/10.1017/s2071832200013171.
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Police powers of discretion to discontinue criminal proceedings are rather exceptional in Europe, where most Criminal Justice Systems are based on some kind of principle of legality. Germany and England may be regarded as contrasting examples for different decision-making-models on the question whether or not to prosecute an offender. Germany, with a principle of compulsory prosecution theoretically guiding the work of public prosecutors—compared to England, where already the police have significant powers of discretion when deciding about a case. In recent years, however, the differences between the practice of these principles seem to have vanished: Whereas some German federal states have started to involve police in prosecution decisions, policy makers in England try to restrain the traditionally wide discretion of police in dealing with cases of minor crimes. Interesting lessons that might be useful for future harmonization of European criminal justice systems can be drawn from the experiences in both countries.
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Cape, Ed, i Richard A. Edwards. "POLICE BAIL WITHOUT CHARGE: THE HUMAN RIGHTS IMPLICATIONS". Cambridge Law Journal 69, nr 3 (listopad 2010): 529–60. http://dx.doi.org/10.1017/s0008197310000796.
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Whilst the power of the police to release a person on bail prior to trial has existed for centuries, the power to release on bail a person suspected of but not charged with a criminal offence has been available to the police only since 1925. The power to attach conditions to pre-charge bail is of very recent origin, having been introduced for the first time in 2003 but rapidly expanded since then. Whilst imposing restrictions on the liberty of a person should, constitutionally, be reserved to the judiciary, the fact that it was originally conceived, in part at least, as a mechanism for enhancing liberty reduced the constitutional tension created by allowing members of the executive such powers. However, the changing role of arrest in the investigation of crime and the granting of extensive powers to the police to impose bail conditions means that the police now have the ability to place controls on people not charged with a criminal offence for extended periods of time. It is argued here that this is in breach of the right to liberty under Article 5 of the European Convention on Human Rights and, in practice, may also breach other Convention rights.
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Loveday, Barry. "Police and Crime Commissioners". International Journal of Police Science & Management 20, nr 1 (16.01.2018): 28–37. http://dx.doi.org/10.1177/1461355717748974.
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This article considers the progress of the new system of police governance in England and Wales. It assesses the responsibilities and powers of Police and Crime Commissioners (PCCs) and examines local initiatives undertaken by some PCCs that have proved to have national ramifications. It evaluates the accountability of PCCs between elections and highlights the limited powers of Police and Crime Panels. It considers the convention of police operational independence in light of two controversial police investigations, and the potential need for PCC oversight of future publicly high-profile investigations. It provides an initial assessment of an important and recent High Court ruling (R v Police and Crime Commissioner for South Yorkshire, 2017) which, by making the PCC responsible for all police operational activity, questions the tradition of constabulary operational independence. It is argued that enabling the PCC to bring a chief officer to account for all police operations might mean that potentially challenging and fruitless investigations can be avoided in the future.
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Topping, John, i Ben Bradford. "Now you see it, now you don’t: On the (in)visibility of police stop and search in Northern Ireland". Criminology & Criminal Justice 20, nr 1 (12.09.2018): 93–110. http://dx.doi.org/10.1177/1748895818800742.
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Police stop and search practices have been subject to voluminous debate for over 40 years in the United Kingdom. Yet critical debate related to the use of ‘everyday’ stop and search powers by the Police Service of Northern Ireland (PSNI) has, despite the hyper-accountable policing system of Northern Ireland, been marked by its absence. This article presents the first ever analysis of PSNI’s use of PACE-type powers (Police and Criminal Evidence (NI) Order 1989) – currently used at a higher rate and with poorer outcomes compared to the rest of the UK. While it can only be considered as an elusive power, about which detailed research evidence is markedly lacking, stop and search in Northern Ireland seems to serve as a classificatory tool for PSNI to control mainly young, socio-economically marginal male populations. The article provides new theoretical insight into stop and search as a simultaneous overt and covert practice, and speaks to wider issues of mundane police power – and practice – within highly contested and politically fractured contexts.
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Yesufu, Shaka. "The reconciliation of the development and implementation of police accountability in the United Kingdom". ScienceRise, nr 6 (30.12.2021): 68–78. http://dx.doi.org/10.21303/2313-8416.2021.002233.
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The objects of this research are: first, to explain some of the issues surrounding police accountability in the United Kingdom. Second, to make attempts in reconciling two opposing views as to whom police in the UK are accountable for? Third, to clarify the vagueness and ambiguous definitional concepts of the police constable, constabulary independence, and the use of police discretionary powers.
The author investigated the following problems: lack of police proper accountability, vague and ambiguous meaning of constabulary independence constable oath of office, and the use of police discretionary powers.
The main results of the research are: first, more clarity is needed as to whom is the British police accountable to? Second, a review of the current oath of office for police constable, the implementation of finding by previous committees set up by government: Lord Scarman, Rt Hon Christopher Patten, and Lord Nolan reports. Third, the monitoring of police officers' use of discretionary powers.
The area of practical use of the research: is for all citizens, directly or indirectly affected by police and safer communities. Criminal justice students in higher institutions and criminal justice practitioners, government officials, and policymakers.
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Strudwick, Katie, Jill Jameson i Jackie Rowe. "Developing Volunteers in Policing: Assessing the Potential Volunteer Police Community Police Officer". Policing: A Journal of Policy and Practice 13, nr 4 (7.09.2017): 397–410. http://dx.doi.org/10.1093/police/pax056.
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Abstract Community or reassurance policing in the UK has developed concurrently with diversification and expansion of the policing family, including the broadening of volunteer opportunities beyond the traditional Special Constable and Police Support Volunteer roles. To increase capacity and capability in community-based policing, one Force introduced Volunteer Police Community Support Officers (VPCSOs) to complement that of employed PCSOs. This paper presents an exploratory discussion on a small-scale study of a previously un-researched and evolutionary area of police volunteering; evaluating the effectiveness of the VPCSO role reviewing its impact as a means of increasing community connectivity and meeting public demands for visibility policing. The introduction of VPCSOs was seen as successful by the Force involved which continues to develop the role as a useful ‘policing resource’. However, challenges to success were identified, not least the uncertainty surrounding the delegation of powers to volunteers that required a change in primary legislation.
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Pool, R. L. D., i B. H. M. Custers. "The Police Hack Back: Legitimacy, Necessity and Privacy Implications of The Next Step in Fighting Cybercrime". European Journal of Crime, Criminal Law and Criminal Justice 25, nr 2 (15.03.2017): 123–44. http://dx.doi.org/10.1163/15718174-25022109.
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In an attempt to strengthen the position of the police to fight cybercrime, the Dutch government proposed new legislation giving police agencies new investigative powers on the Internet. This proposed legislation is controversial as it allows police agencies to hack into computers and install spyware. This paper examines the background and contents of the proposed legislation and tries to answer the question to what extent these new investigative powers may result in infringements of the right to privacy and other fundamental rights of citizens, and whether these infringements are justified. The framework for this evaluation, mainly based on the European Convention on Human Rights, focuses on the legitimacy and necessity of the proposed investigative powers. The most important considerations are that new investigative powers are introduced while existing powers are not used adequately and that there are serious doubts as to whether these new investigative powers will be effective.
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Antrum, Michael. "Frisky Business—Police, Search Powers and Young People". Current Issues in Criminal Justice 10, nr 2 (listopad 1998): 197–201. http://dx.doi.org/10.1080/10345329.1998.12036127.
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Wilson, John. "More Powers for the Police? — An Educationalist's View". Police Journal: Theory, Practice and Principles 66, nr 2 (kwiecień 1993): 118–20. http://dx.doi.org/10.1177/0032258x9306600202.
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Lorton, Roger. "Book Review: The Legal Framework of Police Powers". Police Journal: Theory, Practice and Principles 71, nr 2 (kwiecień 1998): 188. http://dx.doi.org/10.1177/0032258x9807100222.
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Chatterjee, Patralekha. "AIDS in India: police powers and public health". Lancet 367, nr 9513 (marzec 2006): 805–6. http://dx.doi.org/10.1016/s0140-6736(06)68319-0.
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Reiner, Robert. "Codes, courts and constables: Police powers since 1984". Public Money & Management 12, nr 1 (styczeń 1992): 11–15. http://dx.doi.org/10.1080/09540969209387690.
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Ma, Yue. "The Police Law 1995: organization, functions, powers and accountability of the Chinese police". Policing: An International Journal of Police Strategies & Management 20, nr 1 (marzec 1997): 113–35. http://dx.doi.org/10.1108/13639519710162042.
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Ormerod, David. "Police Cells and Unwanted Bugs". Journal of Criminal Law 67, nr 1 (luty 2003): 37–49. http://dx.doi.org/10.1177/002201830306700104.
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An examination of the difficulties and shortcomings in applying the Regulation of Investigatory Powers Act 2000 to covert cell surveillance, and of the admissibility of evidence obtained, as highlighted by the case of R v Mason.
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Nixon, Judy, i David Prior. "Disciplining Difference – Introduction". Social Policy and Society 9, nr 1 (9.12.2009): 71–75. http://dx.doi.org/10.1017/s1474746409990200.
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Addressing anti-social behaviour (ASB) has been a major policy priority of New Labour since it came to power in 1997. This is reflected in a series of legislative powers enabling a range of agencies to take legal action to tackle ASB (e.g. Crime and Disorder Act 1998; Police Reform Act 2002; Anti-Social Behaviour Act 2003; Serious Organised Crime and Police Act 2005) and in a number of national policy initiatives (e.g. the Home Office ‘Together’ Campaign, 2003; the Respect Action Plan, 2006; the Youth Task Force Action Plan, 2007). These developments are the subject of a growing body of academic analysis and critique, much of which has focused on the use of the ASB powers in the regulation of particular neighbourhoods and communities, especially social housing areas of predominantly White working-class residents (Burney, 2005; Flint, 2006), and of young people, again mostly White and working class (Squires and Stephen, 2005). Specific service or practice developments arising out of ASB policy have also been analysed, for example, Family Intervention Projects (Nixon et al., 2006, 2008), Anti-Social Behaviour Teams (Prior et al., 2006), and the use of ASBOs (Squires, 2006; Matthews et al., 2007) and Dispersal Orders (Crawford and Lister, 2007).
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Sullivan, Kathleen S. "Marriage and Federal Police Power". Studies in American Political Development 20, nr 1 (kwiecień 2006): 45–56. http://dx.doi.org/10.1017/s0898588x06000046.
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In the late nineteenth and early twentieth centuries, the U.S. federal government expanded the scope and extent of its constitutionally enumerated powers in naturalization, Indian policies, and regulation of interstate commerce. In doing so, Congress became more involved with matters of citizenship, both in defining public purposes and national identity. Citizenship had traditionally been a matter for the states, where governance rested on the features of differentiation, jurisdictional autonomy, and local control. The entry of the federal government and the federal constitutional norms of citizenship might have been expected to bring an overarching coherence to the fundamental liberal values that were declared after the Civil War. Under expanded federal power and federal citizenship, however, multiple traditions of both liberal rights of citizenship and illiberal conditions of status continued, and illiberal positions gained new footing.
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Tokarchuk, R. E., i S. F. Milyukov. "ADMINISTRATIVE AND LEGAL PROBLEMS OF THE USE OF FIREARMS BY POLICE OFFICERS IN ORDER TO ENSURE ROAD SAFETY". Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6 (72), nr 2 (2020): 301–10. http://dx.doi.org/10.37279/2413-1733-2020-6-2-301-310.
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The article analyzes the possibility of the use by police of firearms to protect the life and health of people in the field of road safety. It is established that the considered powers are unduly discriminatory in comparison with the circumstances excluding criminality of an act and not dictated by the requirements of international regulations. The powers of the police in this matter is much narrower than similar powers soldiers (employees) of the National guard of the Russian Federation, despite the fact that the latter does not directly ensure the safety of the road. Military personnel (employees) of the National guard of the Russian Federation can use weapons in General, to protect military personnel or citizens, and should be used to stop a vehicle by damaging it if the driver refuses to stop, despite the over-riding requirements of the stop. Limited powers of the police use of firearms hinder effective implementation of the tasks of the police in ensuring road safety. In particular, the police cannot effectively stop numerous willful violations of traffic rules and careless serious consequences provoked by these violations of road accidents. The authors propose to expand the powers of police officers in terms of granting them the right to use a firearm to protect another person or the danger of causing death or grievous bodily harm, if you provide security in any other way is not possible. Until the relevant changes proposed in each of the traffic patrol service and patrol police of the internal Affairs bodies of the Russian Federation for a soldier (employee) of the National guard of the Russian Federation armed with a firearm.
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Lingenfelter, Kerttuli, i Samuli Miettinen. "Obstacles to supranational operational police powers in the European union: Europol reform and the construction of trust between national police authorities". Maastricht Journal of European and Comparative Law 28, nr 2 (kwiecień 2021): 182–91. http://dx.doi.org/10.1177/1023263x211005160.
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In the three decades since it was established in the context of a secretive and technocratic intergovernmental organization, Europol has evolved into a European Union agency with some, albeit limited, supranational capacities. This article overviews the gradual legal development of Europol’s powers and discusses the obstacles to creating a European federal police force. Limits to powers and accountability continue to frame discussions on EU’s operational criminal justice powers. While many EU agencies can lay claim to embryonic supranational enforcement agency, the EU Member States have closely guarded operational and prosecutorial enforcement powers. This guardedness still shows, especially in EU criminal justice agencies’ reliance on intergovernmental structures, such as colleges of national members, and mutually recognized but ultimately national decisions and judgments. Through the lens of its history, this article examines how and what kind of balance has been struck between accountability and competences in the current state of evolution toward Europol’s potential supranational authority.