Sunday, 11 December 2011
Democracy in Policing?
Police and crime commissioners | Home Office Circular
Here is potentially a useful item for all those who think Policing and the Criminal Justice system in general are too focused on Social Engineering and Political Correctness issues and are far too little focused on good old fashioned English Common Sense and on enforcing Law and Order.
Later next year the Govenment is planning to take a slightly modified leaf out of The English Democrats' manifesto and have this potentially important post directly elected throughout England except for London. Click here >>> http://www.homeoffice.gov.uk/police/police-crime-commissioners/
These elections are planned to be held on 15th November 2012!
The English Democrats will certainly be standing in these elections on our very strong Law and Order Manifesto commitments - and, if the electoral system used for these elections is fair, then we can expect some success!
Here is what we say on Political Correctness:-
3.19 Political Correctness
3.19.1 The English Democrats share the public concerns as to the harm caused to our society by political correctness.
3.19.2 The English Democrats unreservedly condemn this intolerant creed. We reject the self-righteousness of political correctness and condemn the ideology as an evil. Political correctness is incompatible with a free and democratic society.
3.19.3 One key aspect of political correctness is that a person, an institution or a government is politically correct when they cease to represent the interests of the majority, and become focused on the deliberate subversion of English national culture and interests, the denigration of English history and of the English themselves, and the promotion of the objectives of minority pressure groups.
3.19.4 Political correctness is grounded in the capture of state institutions, with official spokespeople, legislative powers and sanctions for breaches of political correctness. It is this capture of state institutions which makes political correctness so oppressive and dangerous. This must end.
3.19.5 The English Democrats will take whatsoever measures are necessary to remove political correctness from both national and local government, including the various quangos and other government bodies funded either directly or indirectly by the taxpayer. These measures will include the following three steps:
220.127.116.11 Firstly, those educational establishments, legal establishments, quangos, departments or other government organisations that are promoting political correctness will be fundamentally reconstituted and/or have their funding withdrawn or, where appropriate and if possible, be closed down. In particular, the so-called Commission for Equality and Human Rights will be closed. Private organisations that promote political correctness will not be awarded government contracts.
18.104.22.168 Secondly, the English Democrats recognise that those institutions that are run by state appointees are the most detached from public opinion and are more likely to become politically correct. The English Democrats will, where practical, ensure that senior public employees, such as police chief constables and senior judges, are democratically approved by the community they serve. This will be achieved either via direct elections or via approval by democratically elected representatives. Many senior public posts will be subject to a maximum occupancy period, for such senior public employees to be accountable to the public will form a part of a bulwark against political correctness.
22.214.171.124 Thirdly, the English Democrats will carry out a review of all laws and regulations, and will amend or, where appropriate and if possible, completely repeal those laws and regulations that foster and promote political correctness.
And here is what we say on Policing:-
2.11.1 Policing is an increasingly difficult job due to changes in our society, which now lacks the social cohesion and shared values that once gave us a mostly peaceful and well-ordered way of life. Our cities have become places where it is impossible to perform traditional communal policing.
2.11.2 English Democrats seek a return to a system of policing which recognises the principle that all citizens are treated equally. In their efforts to prevent crime and catch criminals the police should not be hindered and demoralised by unreasonable ideological constraints.
2.11.3 We should not lose sight of the fact that the basis for the maintenance of law and order in England rests on a firm foundation of active participation by law-abiding citizens. A relationship of trust and co-operation between citizens and police is essential to effective policing and the prevention of crime. With that in mind, it is reasonable to expect that policing should not be oppressive. The aim is a peaceable society in which liberty and justice can flourish.
2.11.4 It is essential that the police force be adequately trained and resourced.
2.11.5 Police forces should be more democratically accountable than at present. This would require the election of Chief Constables or the Police Authorities which appoint them.
2.11.6 English Democrats call for the creation of a scheme enabling businesses to pay for their security staff to train and register as Special Constables, their powers of arrest applying to their place of work and its neighbouring streets. Such registered security staff would be subject to Police staff performance monitoring and discipline.
2.12 The Legal System
2.12.1 The primary role of a legal system is to provide the means for settling disputes. It should enable those who suffer loss, in the form personal injury, theft, or damage to property, to be properly compensated by the party at fault. Laws, and the penalties for breaking them, should comply with the principles of natural justice.
As societies have become more complex, so have their law codes. To a great extent, this is unavoidable.
2.12.2 However, states and their governing elites are extending the reach of law into areas that infringe upon individual liberties. The result is a body of law which is more restrictive and complex than it need be.
Many of the customs and principles of English law are being undermined in the political quest for greater conformity with Continental ideas and practices. Law is being used as a tool for imposing dogma. One of the consequences of these changes is that the police are increasingly being made the enforcers of political doctrine and moving further away from their traditional role of upholding the delicate balance between Order and Liberty.
2.12.3 In order to obtain justice, citizens must feel able to consult and employ the services of the legal profession. Many people are deterred from this by the procedures and costs of the present legal system. Improvements have been made in recent years but more needs to be done to make the system user friendly and efficient.
2.13.4 The English Democrats favours less law and a simplification of law. There are far too many matters currently covered by the criminal law. There should be a drastic reduction and rationalisation of the number and extent of criminal offences.
2.13.5 We must reform the jury system but not abandon it because the jury provides a democratic check on the legal system. The law is not the property of lawyers; it belongs to the people and should serve their needs.
Our preference is for a return to comprehensible, just and effective law. Given its current chaotic state, the law should be codified.
2.13.6 Once the criminal law has been properly codified, the English Democrats would ensure that the criminal law is vigorously policed and enforced.
2.13.7 Except in an emergency there should be a single annual implementation date for new law. This will help rectify the current muddled situation where no one can be sure, without considerable effort or expense, whether a clause of a new Act has been brought into force or not. Also, some rules, for example the Civil Procedure Rules, are being rewritten so frequently that new editions are being published more than once a month! This leads, not surprisingly, to the shameful situation where no-one, not even the judiciary, can be sure of the current rule in force without first making unreasonable efforts to research the point.
2.13.8 In order to avoid such excessive complexity developing again, a monitoring system should be devised which ensures that new law is unambiguously comprehensible and properly and efficiently enforceable. This could be a function of a reformed Second Chamber.
2.13.9 The English Democrats respect the right of victims of crime to defend themselves and their property against criminals. The English Democrats would extend the right of self-help.
2.13.10 The English Democrats believe that every victim of a criminal offence should have the right to address the court on the question of sentence and for the court to be required to bear the victim’s views in mind when passing sentence.
2.13.11 It is not acceptable that 100,000 hardened criminals commit over half of all crime in the U.K. Once a criminal is identified as beyond effective rehabilitation he or she must be kept out of the community until no longer a risk.
2.13.12Prisons should be designed and equipped so that prisoners are not subject to degrading conditions
2.14 Drugs and Alcohol
2.14.1 English Democrats believe that government should encourage a healthy lifestyle which makes the minimum use of “recreational” drugs of all kinds and only reasonable use of alcohol. The Government’s drug policy is failing to control the use of illegal drugs and its alcohol policy appears to be making the problems worse.
2.14.2 The English Democrats favour an independent and open minded, English enquiry into alcohol and drug abuse. This should consider, amongst other issues, the pros and cons of legalising the use of cannabis and its health and social consequences. The enquiry should consider health and social consequences. We recognise that there are good arguments on either side. What is needed is a proper conclusion to the debate for England so that it is possible to move on with an agreed stance and suitable measures.
2.15.3 It is clear that the current policies for dealing with problems of addiction are not working adequately and there is an ever rising tide of criminality arising from, in particular, drug abuse. Addiction problems are very difficult to solve and require careful analysis. One particularly frustrating aspect of addiction is that family and friends are often aware of the plight of the addicted person but unable to do what is best for them. One area of reform should be greater provision for addicts to be subject to compulsory treatment in secure care.
2.15.4 All those who commit criminal offences whilst under the influence of drugs or alcohol should be subject to compulsory assessment and if found to be addicted should immediately be taken into such care.
2.15.5 The most important aspect of the fight against drug dealing criminals is that any policy should seek to destroy their market, protect the public, and punish offenders.
2.15.6 The English Democrats intend to raise gaol sentences for drug dealing in Class A drugs graduating from a fixed five year term as a minimum doubling it for any subsequent re-offence.
2.15.7 Registered Class A drug addicts will be placed in secure drug rehabilitation schemes rather than sent to prison, where active participation in the detoxification programme will be a requirement of their sentence. Failure to comply with the detoxification programme may result in secure custody within a prison environment as per a graduated tariff based on previous antecedence.
2.15.8 Addicts with children will be put on the 'at risk' register and custody of children will be dependent on an addict's ability to detoxify. Addicts failing to successfully complete detoxification will not have their children returned to them, the rights of the children must be paramount and either familial custody or foster parents will be sought until detoxification has been completed. The return of children will be conditional on regular detoxification checks.
2.15.9 Addicts wishing to seek help for their addiction will be registered at a specific medical centre, one which is outside of the GP network.
2.16.10 The government will provide a dedicated County based Drug Management Service for those who are addicted to Class A drugs. Registration as a drug addict will require regular visits to the centre under a personally structured drugs management programme.
This might include:
126.96.36.199Maintenance doses of drug to which the person is addicted whilst awaiting to attend a detoxification scheme
188.8.131.52 Provision of supervised medical care and clean syringes to minimise contamination & safe disposal.
184.108.40.206 Maintenance doses for repeatedly defaulting addicts
220.127.116.11 Family Health Visitor Sessions - to ensure children of ex addicts are thriving
18.104.22.168 Employment/Training/Housing referrals and counselling
22.214.171.124 Those who commit criminal offences, and who are found to be using drugs, will be expected to prove that they were not funding their drug use by their criminal activity. Those who fail to do so will be placed on a drug’s rehabilitation programme and will be detained until they have been free of drug use for 6 months. Upon release, they will be monitored to ensure that they remain drug free and will be re-detained if they fail to do so.