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What is the rule of law?
- A system of authority (inherent in a democracy) where all laws are publicly agreed upon, publicly available, and applies to all, especially the law makers and law enforcers.
- It promises that 'no one is above the law'
- It is an ideal about how the law should be upheld and enforced, your reasoning must be OAT, Open to scrutiny, Accountable, Transparent
What is Discretion?
- Acting according to your own judgement where your authority leaves you free to do so.
- So you can uphold the spirit, rather than the letter of the law
- An officer may....upon reasonable grounds....an officer should......an officer must...
- But discretion is often used privately where others aren't aware of your reasoning.
What is the oath of office?
- A legally binding vow that enables Original Authority & discretion.
- Provides guidance on what to do & how to do it, at a high level.
- It requires you to: keep the peace, impartially, to the best of your ability, faithfully according to law.
What is the statement of values?
- Describes the shared ideals of the NSWPF.
- Provides more detailed guidance on how to fulfil your role.
- Must embrace & act in accordance with these values, rather than your own values.
List the statement of values.
- Places integrity above all
- Upholds the rule of law
- Preserves the rights and freedoms of individuals
- Seeks to improve quality of life by community involvement in policing
- Strives for citizen and police personal satisfaction
- Capatlises on the wealth of human resources
- Makes efficient and economical use of public resources
- Ensures that authority is exercised responsibly.
What is the code of conduct and ethics?
- Provides greater detail and clearer guidelines on the conduct required of police in order to support the values (above) of the NSWPF and the Oath of Office: CCE helps with what to do and how to do it at ‘ground level’.
- Also greatly assists with professionalism and pride in your work.
List the code of conduct and ethics.
- Behave honestly in a way that upholds the values and the good reputation of NSW Police whether on or off duty
- Act with care and diligence when on duty
- Know and comply with all policies, procedures and guidelines that relate to their duties
- Treat everyone with respect, courtesy and fairness
- Comply with any lawful and reasonable direction given by someone in NSW Police who has the authority to give the direction
- Comply with the law whether on or off duty
- Take reasonable steps to avoid conflicts of interest, report those that can not be avoided and co-operate in their management
- Only access, use and/or disclose confidential information if required by their duties and allowed by NSW Police policy
- Not make improper use of their position or NSW Police information or resources
- Report the misconduct of other NSW Police employees
List the roles and functions of police?
- Protect life
- Protect property
- Prevent and detect crime
- Uphold the law
- Maintain order
- Provide social services
Role mission and functions of police?
Keep the peace by: Protect life & property, maintain order, prevent & detect crime, uphold the law, provide social services (Adapted from S6 Police Act 1990). Provides guidance on what to do to fulfil your role of keeping the peace.
What are some characteristics of appropriate discretion?
- To make discretion work you have to
- keep certain principles:
- Have consistency
- Applied in good faith
- Based on rationality (Record that
- rationale in book)
- Ignores irrelavant facts
- Takes into account relavant factors.
What is the formula we follow when making ethical decisions.
- Identify the Issue
- Problem Solving
- How do you identify it if you don't know it?????
- Identify on Route?
- Identify when you arrive?
- Who is involved
- Victims, Offenders, Suspects,
- Witnesses and even innocent bystanders
- All important, but will vary with the severity of the Issue
- What interests do they have in the Issue
- Options and assessments
- Must be Lawful
- May be more than one Option
- Oath of Office, the Statement of Values and the Role/Functions of Police are based in legislation --TV/Media
- NSWPF Code of Conduct and Ethics and other policies- this will help determine whether or not the option is ethically appropriate, justifiable and defensible
- Using the model goes a very long way to ensuring that you can justify your decisions, especially when in the witness box.
- Having asstessed each option, you should now be in an informed position to decide how best to resolve the issue/problem
- Your preferred option or the best option based on your assessment constitutes your decision. While the best option will not always be an ideal solution, it must be better than the other options available.
- Explain why- not always easy to do
What is LESS?
- Lawful – is the option chosen lawful
- Ethical- is it an ethical option
- Stakeholders- what are the outcomes
- Scrutiny- Will it stand the public
- test, put in notebook
What are some human rights can breach with reasonable grounds?
- Article 3: Violation of liberty and right to life
- Article 13: Freedom of movement
- Article 12: Violation of a right to privacy
- Article 19: Freedom of opinion and expression
What are some human rights police can never breach?
- Article 5: Ban on torture and degrading treatment and punishment
- Article 9: Ban on arbitrary arrest and detention
- Article 10: Right to a fair trial
- Article 11: Presumption of innocence
- Article 12: Ban on arbitrary interference with privacy, family, home or correspondence, nor attacks upon honor or reputation
What is Coercive Force?
Coercive force (Coercion, physical and deadly force) is making somone do something they would otherwise not have done, whether it is justified or not.
What is delegated authority?
Delegated authority is temporarily being given authority that you do not normally have. An example would be under the bail act where a Sergeant or above has authority to make a bail determination. If the sergeant is going to be absent they delegate the authority to a specific officer.
What is power?
It is the ability to achieve an outcome.
A theif for example has power to steal but not authority.
What is authority?
Authority in policing is your permission to do something or to achieve the outcome.
For example a lone police officer facing a riot
Why do we use coercive force?
To achieve our goal of keeping the peace
What are the justifications for using coercive force?
- Should only be used in the pursuit of good ends.
- The amount of force must be proportionate to the intended outcome.
- use only minimum force that is necessary to achieve the outcome.
What are the 7 justifications for deadly force?
- 1. In pursuit of good ends
- 2. Proportionate to the intended outcome
- 3. Only as much force as is necessary
- 4. In the defence of your own or another's life or serious injury
- 5. Where there is an immediate and direct threat
- 6. Where it will end the threat
- 7. There are no other options available.
When not to use coercive force:
- To teach someone a lesson
- To inflict punishment
- To teach respect for the police
- To humiliate
- Using more force than is needed
- Using some force where none is needed
- Continuing the use of force when there is no need for it
- Using force for the wrong reasons.
What is corruption?
Deliberate unlawful conduct, (whether by act or omission) on the part of a member of the NSW Police, utilising his or her position, whether on or off duty, and the exercise of police powers in bad faith.
Where the processes of the police organisation are interfered with during the administration of justice. For example: planting evidence, perjury, verbals, denials of basic rights, assaults and pressure, tampering, taxing, etc. Generally for personal gain.
Noble cause corruption
Is where a corrupt act is carried out without thought of personal gain, but to get the job done. Often looks like Process Corruption on the surface but with one major difference: the ‘intent’. The intent is not for personal gain.But to what extent can this type of intent really be determined?
What are some of the main causes of corruption?
- The Sisyphean nature of policing.
- Moral ambiguity of policing methods.
- Moral corrosiveness of the job.
- Access to gratuities.
- Conflicts of Interest.
- Police are morally vulnerable because their job requires them to:
- exercise discretion in a wide variety of unsupervised circumstances;
- keep company with people who are morally corrupt;
- endure a high number of lose/lose situations;
- be around people who use and sell illegal drugs;
- and use morally problematic means.
What is risk management?
- Risk Management is a systematic style of management that looks at risk in the workplace and how to minimise it.
- Put simply it revolves around the idea of ‘What is the likelihood of something happening and what are the consequences if it does’.
- It aims to treat problems before they occur, not after.
What is the Command Management Framework (CMF)?
- The CMF is a risk based, self assessment system for use on a daily basis.
- It is designed to prioritise audit and inspection on a risk basis according to local needs.
- All staff are involved.
What is the Career Management Scheme (CMS)?
- The Career Management Systemencompasses the performance management scheme for the New South Wales Police Force and also provides a recording tool to collect data and information needed for the promotions process.
- It applies to all NSW Police Force employees, both sworn and non-sworn, except those at Senior Executive Service level and probationary constables. The performance of probationary constables is measured and managed through the use of Practicum Duty Books as part of the ADPP Sessions 3, 4 and 5 subject requirements.
What are corruption prevention plans?
- These exist at various levels throughout the organisation e.g. State, Region, LAC and Unit.
- They are tailored to suit the high risk issues within the area or unit through the performance indicators and audit process.
- They are ‘living documents’ that change to address new issues as they arise.
What are ‘gifts’ and ‘benefits’?
‘Gifts’ are usually something of value, i.e. a physical thing such as a bottle of wine.
- A ‘Benefit’ is an advantage that comes to an individual from the course of their
- employment, .e.g. discounts, favours, preferential treatment, etc.
Hospitality such as a free cup of coffee or snack provided while at a job, is NOT considered a gift or benefit.
Should police accept gifts and benefits?
In most circumstances police will be expected to refuse the offer of gifts or benefits relating to the performance of their job.
This also applies to family members accepting gifts relating to your job.
Why should police refuse gifts and benefits?
Acceptance of gratuities may cause problems for the public perception of police.
- The key ethical issue is that while gifts and benefits should be avoided, you will only rarely know whether there is an expectation for some sort
- of preferential treatment attached to the gift or benefit.
Unfair distribution argument
If, for example, Constables Smith and Jones choose to consistently have lunch at restaurant A because they offered a discount there, then restaurant A receives a disproportionate share of the officer’s presence.Their police vehicle in the car park and their uniformed presence at a table are far greater deterrents to crime than is the general presence of police in society as a whole.
Restaurants B, C, D and E, where the food might be better, but the discount policy not as generous, do not receive a similar benefit of personal police presence for extended periods of time.
Slippery slope argument (domino effect)
- • Start with accepting simple gratuities. • Move on the expecting perks.
- • Accept all gifts. • Accept inappropriate gifts.
- • Take the bribe. • Protect organised crime.
Gifts and gratuities
- The NSW Police Force has a policy, and a set of guidelines for its implementation, that defines gifts, benefits and gratuities and explainsthe sorts of factors that must be taken into account when a decision to
- accept or reject a gift, benefit or gratuity is taken.‘Gratuities’ are gifts given with the expectation of something in return. Genuine gifts are not given with such an expectation.
- Thereare obviously circumstances under which it is appropriate to accept gifts and gratuities, and also circumstances in which it is inappropriate to accept them. Even if the acceptor of a gratuity is not corrupt, the inappropriate acceptance of gifts and gratuities can cause future problems for the officer involved, and even for the police force
- as a whole.
- One problem for police is that they might not be able to know the intention
- behind a gift (and it is the intention which determines whether it is agenuine gift or, instead, a gratuity).
Thus it is important that officers consider all the relevant facts before accepting a gift or gratuity.
- Miller et al (2006, pp.140-145) suggest four ways that corruption can be overcome. First, by recruiting the right people. Second, by reducing opportunities for corruption, for example by rotating officers regularly out of high risk jobs. Third, by good detection and deterrence of corrupt activity. Fourth, by reinforcing the motivation to do what is right. The ADPP is an attempt to enact two of these ideas. The ADPP aims to recruit the
- right people, and to include more older recruits and graduates, who in theory have more life experience and are thus assumed to be less susceptible to the negative aspects of police culture. The ADPP also
- includes compulsory ethics subjects (of which this is one!) which attempt to reinforce the motivation to do the right thing.
The Code of Conduct and Ethics is another attempt to reinforce the motivation to do the right thing, and to ensure that all police officersin NSW understand what is expected of them.