The Office of Police Constable: What Does it Entail?
What is the office of police constable, and what does it mean? We investigate the duty of the police constable in this blog.
As a specialist crime lawyer, here at JFH Crime, we interact with police on a regular basis – but perhaps without thinking too much about the office of police constable and what it entails.
In this article, we investigate the office of police constable, police duties, and police jurisdiction. Read on to learn more…
The Office of Police Constable Explained
Every police officer, irrespective of rank, holds the office of police constable. The office dates back to ancient times and the practice of each local parish electing a parish constable.
The office of constable is a personal one, and each officer exercises power in their name with their ‘authority [being] original, not delegated, and exercised at his own discretion by virtue of his office’ (AG for New South Wales v Perpetual Trustees Ltd [1955] AC 457, PC).
Understanding Police Power
Whilst we most often look at the Police and Criminal Evidence Act 1984 to understand police powers, there is, in fact, no single definitive source of power. Some police powers can be found by examining common law, others by studying dozens of statutes.
At a basic level, it is the duty of a constable ‘…to give adequate protection to all persons and to their property’ (Glasbrook Bros Ltd v Glamorgan) and ‘…to take all steps which appear to him necessary for keeping the peace, for preventing crime or for protecting property from criminal injury…duty to detect crime and to bring an offender to justice’ (Rice v Connelly [1966] 2 QB 414).
Police Jurisdiction and ECHR Law
There is also a considerable body of ECHR law that impacts police duties.
Police jurisdiction extends to England and Wales and adjacent UK waters (s 30 Police Act 1996), and across other parts of the UK for specific purposes, such as executing arrest warrants (Criminal Justice and Public Order Act 1994).
The wider police family also includes special constables and an increasing reliance on civilian staff to carry out specific delegated tasks.
Specialist Criminal Advice from JFH Law
At JFH Crime, as a specialist crime lawyer, we can offer further help and advice on the office of police constable.
When dealing with cases, all our lawyers pay careful regard to the powers exercised by police to ensure that the power was available in the first place, the correct person exercised it and finally, it was carried out in accordance with the law.
If you need specialist advice in relation to any criminal investigation or prosecution, from the initial investigation through to court proceedings, look no further than our expert team.
How Can We Help?
With years of experience in criminal law, we are rated as one of the top crime lawyers in London. Should you enlist our help, rest assured that we will be by your side at every stage.
Whatever your case, we will make it our mission to achieve your desired outcomes. So, if you need specialist advice in relation to any criminal investigation or prosecution, from the initial investigation through to court proceedings, please get in touch.
Call John Howey on 020 7388 1658 or email jhowey@jfhlaw.co.uk. Let us help.
Image credit: “Day 165 – West Midlands Police – Arresting suspected offenders” by West Midlands Police is licensed under CC BY-SA 2.0