Police Act Research Articles

Az első rendőrségitörvény-javaslat

The establishment of the Hungarian public administration was marked by the Austro-Hungarian Compromise of 1867, after which the establishment of the Hungarian state police came to the fore. In 1848, Bertalan Szemere entrusted Paul Hajnik with the establishment of a national police force, in 1873 a state police force in the capital, in 1903 a border police force, and in 1918 the Wekerle police bill. At the beginning of this process, the Police Act proposal of 1871 by Pál Csepy, which clearly calls for the establishment of a national police force, was drafted and survives. Aim: The aim of the study is to present the circumstances and content of the first Police Act proposal, from the beginning of the police nationalisation process. Methodology: The author of the article examines the beginning of the nationalisation of the police, the first police act and its content by searching and analysing the literature on policing around the Compromise. Findings: The Compromise of 1867 also provided opportunities for the restoration of autonomy in the field of police and policing. After Habsburg rule, the following three ideas for future policing emerged: strengthening the old Pandour world, organising a military-style gendarmerie or a civilian-style police force. After a professional debate in the first police journal, the participants in the first Congress of Police Chiefs advocated a national police force, for which a high-quality police act was drafted and submitted to the political leadership. Value: The nationalisation process of the police started in 1848 and lasted until 1920. In the preceding period, a law on the field police was passed in 1840, and after 1872 laws were passed on the metropolitan police, the border police, the police of Fiume and the gendarmerie. Comparing the 1871 Police Act with the laws on the above subjects, it can be seen that the latter was comprehensive, covering all aspects of policing, and proved to be valuable and timeless.

Analysing Legal Challenges of Bangladesh Police for Achieving Polycentric Security Governance (PSG)

To manage the ‘common-pool resources,’ the concept of the ‘polycentric governance’ was adopted; now emerging as one of the most popular and effective governance systems for ensuring proper utility and accountability of public goods and services. A few years ago, Bangladesh Police introduced 'Community Policing' and recently initiated 'Beat Policing' to enhance public relations and easy access to police services. These initiatives resemble a 'Plural Community' polycentric governance approach, but the lack of legal basis makes it questionable. Therefore, this research aims to determine what legal challenges may arise when introducing polycentric security governance based on the existing laws of the Bangladesh Police. Through this qualitative research, an attempt has been made to find out the existing legal challenges of the Bangladesh Police by analyzing the Police Act-1861, Police Regulations of Bengal (PRB), and 8 (Eight) Metropolitan Police Acts. The results of this research show that achieving polycentric security governance is not possible through the existing laws in several areas, which will emerge as challenges in implementation. To avoid such legal hurdles, it is necessary to amend, modify, and update those laws. For this reason, some recommendations have been added for eliminating the existing legal challenges and setting directions for further research at the end.

From the Toes Up

From the Toes Up

Analysis to the Amended Police Act

이 연구에서는 최근 21대 국회에 통과된 ‘개정 경찰법’을 중심으로 면밀한 분석을 실시, 자치경찰제도의 제도적인 면에서 문제점을 비판적으로 고찰 및 대안을 제시하는데 목적이 있다. 이러한 연구의 목적을 실행하기 위하여 ‘본질적인 자치경찰 성격, 조직적인 차원, 인사 및 재정적 차원, 사무배분적 차원’에서 분석을 실시하였으며, 분석한 결과를 국가적 차원과 지방자치단체적 차원의 두 가지 측면으로 나누어 개선방안을 제시하였다. 분석한 결과, 본질적인 자치경찰 성격상 ‘개정 경찰법 제4조’에서 제시하고 있는 경찰의 사무를 국가경찰사무와 자치경찰사무로 각각 구분하고 있는 점은 자치경찰의 성격에 비추어 볼 때 본질적인 의미의 자치경찰제도는 아니다. 둘째, 조직적인 차원에서 분석한 결과, ‘개정 경찰법 제25조’에서 제시하고 있는 합의제 행정기관은 관청형 행정위원회로 볼 오해가 있는 표현으로 매우 애매한 조직적 지위를 가지고 있다. 셋째, 인사 및 재정적인 차원에서 제주자치경찰제도를 근간으로 논의되었던 안(案)들에 비해, 개정 경찰법은 일단 인사나 재정적인 면에서 현행이 유지 될 것이라는 점에서 큰 혼란은 없으며 이러한 점에서 보면 긍정적인 면도 있다고 하겠다. 넷째, 사무배분적 차원에서 분석한 결과, ‘개정 경찰법 제4조(경찰의 사무)’는 국가경찰조직로 일원화된 조직구조 속에서 업무의 중첩의 문제가 발생하지 않을 것이다. 다만 수사의 6가지 범죄에 대해 초동수사를 진행할 때는 자치경찰사무가 맞으나 강력범죄와 연루되었거나 교통사고 사건을 과학적으로 수사해야 할 경우에 자치업무로는 다소 문제가 있으며 현재의 업무처리 방법에 따라 배정하는 것이 오히려 합리적일 것이다. 이러한 분석의 결과에 따른 대안으로서 국가적 측면에서 지방경찰청 단위의 소속을 완전히 지방자치단체에 소속시키고 승진이나 전보, 파견 등을 국가경찰과 교류할 수 있는 근거를 마련하는 방안을 제시하였다. 조직적인 차원에서는 명실공히 국가경찰위원회는 관청형 행정위원회로 격상시키고 국가경찰을 국가경찰위원회에 귀속시키며, 시ㆍ도경찰위원회도 지방경찰기관을 귀속시켜 관청형 행정위원회 형으로 가야 할 것을 제시하였다.The purpose of the study is to conduct a close analysis focusing on the “the Amended Police Act” which was recently introduced to the 21st National Assembly, to critically examine problems and suggest alternatives in terms of the system of the self-governing police system. In order to carry out the purpose of this research, the analysis was conducted at the nature of the self-governing police, organizational level, personnel and financial level, and office allocation level and the analysis results were divided into two aspects: national and local level to suggest improvement measures. According to the analysis, due to the nature of the self-governing police, the fact that the police affairs presented in Article 4 of the Amended Police Act are divided into the national police affairs and the autonomous police affairs respectively is not an essential self-governing police system in light of the nature of the autonomous police. Second, as a result of the systematic analysis, the consensus-based administrative agency presented in Article 25 of the Amended Police Act has a very ambiguous organizational position in a misleading expression to be seen as a government office-type administrative committee. Third, compared to those discussed based on the Jeju autonomous police system at the personnel and financial levels, the Amended Police Act is not much of a confusion in that it will remain in the current state in terms of personnel and finance, and in this regard, there is a positive side. Fourth, according to an analysis from the perspective of office allocation, Article 4 of the Amended Police Acts (police affairs) will not cause problems of overlapping work in the organizational structure that is unified into a national police organization. However, when conducting an initial investigation into the six crimes of investigation, the self-governing police work is correct, but if they are involved in violent crimes or need to be scientifically investigated, it would be more reasonable to assign them according to the current method of handling the work. As an alternative measure based on the results of such analysis, it was suggested that the members of the local police unit should be fully affiliated with local governments from the national perspective and that the promotion, transfer, dispatch, etc. could be exchanged with the national police. On the organizational level, the National Police Commission was upgraded to a government-type administrative committee, and the National Police Commission was assigned to the National Police Commission, while the municipal and provincial police committees were also required to attribute local police agencies to the administrative committee-type.

Auf dem Weg zu einem neuen „Musterpolizeigesetz“

Police Law in Germany currently faces diverse challenges. The consensus regarding its basics in legal dogma dwindles, the adjustment pressure is rising, the legal regulations in the German federal states are drifting apart, and the population‘s acceptance of police acts decreases in a worrying way. As a part of a solution strategy, a standardization of Police Acts is currently being discussed; as its basis, a “Template Police Act” may serve. Such templates have been drafted in the 1970s, and a working group, set up by a subcommittee of the German Conference of the Ministers of the Interior, is drawing up a new template act. This template act can be used as a “toolbox” for the legislators in the German federal states after its publication. This article delineates the current challenges and problems, describes the history of the “Template Police Acts”, discusses the criticism against “template legislation” and provides an insight into the work process based on four short examples.

Ein Musterentwurf mit Schlagseite zulasten der Freiheit

This contribution, entitled “A Sample Draft with a Tendency towards Curtailing Freedom”, critically examines the planned project of a standardised police act (Musterpolizeigesetz). This template legislation is discussed by Markus Thiel in the preceding article. Firstly, the lead commission’s approach to standardise “the maximum that is permissible from a constitutional point of view” is considered misguided. It makes extremely one-sided use of the legislator’s corridor between freedom and security, and jeopardises the project as a whole - a project that makes sense in itself. Secondly, the legal concept of “impending danger”, which has already found its way into recent amendments to state police legislation, is criticized linguistically, constitutionally, and politically. The attempt is made to achieve the necessary police-law defence against terrorism through careful adjustments, rather than by overcoming the tried and tested constitutional dogma of the terms “danger” and “responsibility”. Thirdly, reasons are given for why preventive police detention infringes European and constitutional law. Detention is imposed without the existence of a concrete danger, or for a period exceeding 14 days. It is recalled that, in terms of legal history and comparative law, preventive detention is a typical instrument of the state of emergency and of regimes of injustice.

Legislative Suggestions for the Reconstruction of MARITIME POLICE ACT

Legislative Suggestions for the Reconstruction of MARITIME POLICE ACT

DISCUSSION «TARASOV VS ROSSINSKIY» ABOUT DETENTION OF THE SUSPECT: SUMMING UP THE FIRST RESULTS

This article describes the content of the authors speech at the conference Act of detention as evidence in criminal proceedings: Pros and Cons (September 26, 2018, Samara National Research University, Faculty of Law). The author analyzes the reasons for the discussion Tarasov vs Rossinskiy between him and professor A. A. Tarasov about the nature of detention of a person suspected of committing a crime. The author concludes that detention actually remains a police act, which is used for maintaining proper investigation. And the procedural decision to detain does not have a high legal meaning, which is found in other resolutive acts of preliminary investigation.

TINJAUAN YURIDIS TERHADAP PEMENUHAN HAK-HAK ANAK DI LEMBAGA PEMASYARAKATAN KLAS I A MAKASSAR

The perpetrator of the criminal act of the child cannot be equated with criminal adults. Therefore it needs more attention in the case of children. However, the child is the successor Nations that should be developed physically and mentally. The purpose of this research is to analyze the role of the Ombudsman in the performance of Marisa Polres versioned as well as analyze constraints are faced by Investigators in Marisa Polres versioned. This type of research is research used empirical research focus i.e. normative on secondary data sources (research libraries). This research uses the main data source i.e. secondary data, backed up with primary data sources. Secondary data is used that is derived from legislation such as the ACT on the criminal justice system of the child, the child protection ACT, Act No. 8 Of 1981 Year Book of the Police Act, Police ACT and some of the literature-literature as well as the results of his research, and books related to the role of the Ombudsman in conducting versioned on criminal act committed by the child. Research results show that Marisa Polres in performing the investigation is a criminal act committed by the child by women and children protection Unit (UPPA). Starting from the stage of investigation, arrest, detention up at the stage of investigation conducted in accordance with the mandate of the ACT on the criminal justice system. Investigators in conducting versioned, get consideration from BAPAS. In addition, the investigators also act as mediator to conduct deliberations involving the child and the parent/guardian, the victim and the parent/guardian, supervisor of community, social professional pekera based on approach restorative. Obstacles faced by Investigators in the conduct of Marisa Polres diversion that is not yet the existence of BAPAS in counties Marisa so complicate investigators to coordinate-in terms of asking for consideration in doing versioned. In addition the party victims sometimes do not want to make peace so that the attempted diversion by Investigators was not achieved.

PERAN PENYIDIK DALAM PENERAPAN DIVERSI TERHADAP PERKARA TINDAK PIDANA ANAKDI WILAYAH KABUPATEN POHUWATO

The perpetrator of the criminal act of the child cannot be equated with criminal adults. Therefore, it needs more attention in the case of children. However, the child is the successor Nations that should be developed physically and mentally. The purpose of this research is to analyze the role of the Ombudsman in the performance of Marisa Polres versioned as well as analyze constraints are faced by Investigators in implementation Marisa Polres versioned. This type of research is research used empirical research focus i.e. normative on secondary data sources (research libraries). This research uses the main data source, i.e. secondary data, backed up with primary data sources. Secondary data is used that is derived from legislation such as the ACT on criminal justice system of the child, the child protection ACT, Act No. 8 Of 1981 Year Book of the Police Act, Police ACT and some of the literature-literature as well as the results of his research, and books related to the role of the Ombudsman in conducting versioned on criminal act committed by the child. Research results show that Marisa Polres in performing the investigation is a criminal act committed by the child by women and children protection Unit (UPPA). Starting from the stage of investigation, arrest, detention up at the stage of investigation conducted in accordance with the mandate of the ACT on the criminal justice system. Investigators in conducting versioned, get consideration from BAPAS. In addition, the investigators also act/mediator to conduct deliberations involving the child and the parent/guardian, the victim and the parent/guardian, supervisor of community, social professional worker based on approach restorative. Obstacles faced by Investigators in the conduct of Marisa Polres diversion that is not yet the existence of BAPAS in counties Marisa so complicate investigators to coordinate in terms of asking for consideration in doing versioned. In addition the party victims sometimes do not want to make peace so that the attempted diversion by Investigators was not achieved.

Balancing Police Independence and Political Responsibility for the Police: Some Recent Developments in Australia, Canada, and the UK

Abstract There is a need for balance between respecting the independence of the police to make law enforcement decisions in individual cases while allowing and indeed encouraging many other forms of legitimate political direction of the police. This article will argue that legislative reform should codify a minimal definition of police independence that would produce narrower definitions of police independence than found in recent policing legislation enacted in Australia and Canada and clearer standards than found either in the common law or the Policing Protocol Order, 2011 used in England. In addition, it suggests that Police Acts should encourage transparent political direction of the police by requiring such direction to be in writing and to be made public. It will be suggested that Victoria’s Police Service Act, 2013 and Ontario’s new Police Act, 2018 achieve some, but not all, of these objectives.

Edward Lloyd's Sunday Newspapers and the Cultural Politics of Crime News, c. 1840–43

During the 1840s, the crime news in Edward Lloyd's cheap Sunday newspapers artfully manipulated standard narrative conventions so as to foreground the tension between the expansion of Britain's criminal justice system by the Metropolitan Police Acts and the traditional right of Britons to live "free-born." Whether Lloyd's crime news was fictional or factual or was published in unstamped or stamped Sunday papers, it consistently articulated a libertarian sympathy for those who were arrested and incarcerated, thus signaling its strong affinities with the radical politics of the time.

Accountability and Police Violence: a Research on Accounts to Cope with Excessive Use of Force in Italy

Accountability is a vital element of policing. Over time, the public has demanded more control over police activities, while policing has attracted a good deal of controversy, such as the discriminatory and violent manner in which police officers treat individuals. In this paper, we explore Italian police accountability when faced with violent actions following the articulation at two levels: a micro-level—the communication strategies adopted by the police unions to account for their actions—and a macro-level—the understanding of the political and social system in which the police act, namely the Italian system. The results of the thematic analysis highlighted the recourse to excuses, justifications, and apologies. In terms of the effects on the audience, the unions divide into two groups: the first made exclusive use of defensive accountability strategies (excuses and justifications) and the second used reconciling accountability strategies (apologies). We discuss these findings regarding the interaction between the police and the public in Italy.

The Origins of Football Debate: The ‘Grander Design and the Involvement of the Lower Classes’, 1818–1840

This article presents extensive new material in ‘the origins of football debate’ by using the British Library's digitisation project of nineteenth-century newspapers. In so doing, it responds to claims from Graham Curry and Eric Dunning that previous works of the ‘revisionist historians’ John Goulstone, Adrian Harvey and Peter Swain are misleading and have led to hasty conclusions. It evidences a football culture beyond the domain of the public schools and highlights the shift in the locus of games from urban areas to paddocks and fields complying with the Highways and Police Acts. This compliance reduced the number of prosecutions covered in newspaper reports of the day but other games, in which misdemeanours took place, are recorded, suggesting that a broad football culture did still exist in this period. The article rejects Curry and Dunning's thesis surrounding a mid-century ‘civilising spurt’ in sport in favour of explanations surrounding the structural changes taking place in the nineteenth century, including increasing industrialisation, urbanisation, population growth, and migrationary movements. It also emphasises the emergence of a horizontally stratified class-based society and an attack on football games from an emerging social and industrial elite who were looking after their property and commercial interests.

Police Health Problems in India and Need of Regulatory Reform

There is a long history of police in India, police always being an important instrument to maintain the law and order in society. Progress and development of any state requires the peace and maintenance of law and order. Sustainability of peace, in a society, can’t be imagined without a healthy and proper police administration. These all shows the significance of police personnel in development of society. Police always being an important part of all the civil societies, it plays an important role in progress of a state. But unfortunately now here in India, police personnel are suffering with various problems, such as, long work hours, low wages, and unavailability of basic needs, uncertainty in transfer policies, political and superior’s pressure and educational problems of children, family break up etc which causes heart problems, stress, depression etc and some time these forces to take extreme step like suicide or homicide. Our archaic laws are not sufficient to deal with the problems related to police personnel and failed to fulfill the constitutional goal. Besides the existence of Police Act, 1861, Government of India has constituted various commission and committees but problems are still going as it was. Almost all the commission recommended removing the political intervention among police personnel but we know the ground reality. Police station is a first and important institution of criminal justice system, which works to secure and assist, to achieve constitutional goal of social security but on other hand state itself violating the fundamental right of police personnel. These all data prompts us to do study and analyze the problems of police personnel, review contemporary regulatory framework with comparison to other nations, and to verify the necessity of framing of new police act.

Providing an Enabling Environment for Effective Policing - The New Police Act

The Police Act, 1861 was promulgated nearly a century and half ago. Even though States such as Maharastra, Kerala and others have enacted State Police Acts, they are modeled on the Police Act, 1861 with few changes. To meet the changing societal needs law cannot remain static. Society of today is very much different from the society of the 1800's. To cater to societal needs law must be dynamic and imbibe citizen's aspirations, experiences in implementation and the many challenges of the times. The shortcomings observed over time are to be addressed so that legislation achieves the intended purpose. A review of the existing Act and the promulgation of a new Police Act is the required step forward. With this intent the National Police Commission constituted a Police Act Drafting Committee (PADC) or the Soli Sorabjee Committee consisting of eminent legal luminaries to frame a model Police Act which seeks to replace the archaic Act.Police functioning has undergone a paradigm change. Focus has shifted from policing to service, from working in isolation to working with the people, from arbitrariness to accountability for actions, from secrecy to transparency. Clearly the time has come to herald change in statute. This paper identifies the drawbacks of the existing Police Act 1861, analyzes the provisions of the Model Police Act and suggests important changes that must be incorporated in the proposed Police Act.

REVIEWS

REVIEWS Get access A GUIDE TO THE POLICE AND CRIMINAL EVIDENCE ACT 1984. By V. BEVAN and K. LIDSTONE. [London: Butterworth. 554 + xv pp. £19·50.] THE POLICE AND CRIMINAL EVIDENCE ACT 1984. By M. D. A. FREEMAN. [London: Sweet & Maxwell. 210 pp. £10·95.] POLICE POWERS AND DUTIES: A PRACTICAL GUIDE TO THE POLICE AND CRIMINAL EVIDENCE ACT 1984. By J. MARSTON and R. NOTTRIDGE. [London: Fourmat Publishing. 168 + xv pp. £9·95.] SETTING THE P.A.C.E.: POLICE COMMUNITY CONSULTATION AGREEMENTS IN ENGLAND AND WALES. By R. MORGAN [ University of Bath Social Policy Paper No. 4. 80 pp. £3·90.] POLICE AND CRIMINAL EVIDENCE ACT 1984: A PRACTICAL GUIDE. By G. POWELL and C. MAGRATH [London: Longman. 496 + xxvi pp. £16·95.] A GUIDE TO THE POLICE AND CRIMINAL EVIDENCE ACT 1984. By T. C. WALTERS and M. A. O'CONNELL. [London: Financial Training. 127 + xv pp. £7·50.] THE POLICE AND CRIMINAL EVIDENCE ACT 1984. By M. ZANDER. [London: Sweet and Maxwell. 315 + xx pp. £l2·50.] Robert Reiner Robert Reiner Search for other works by this author on: Oxford Academic Google Scholar The British Journal of Criminology, Volume 26, Issue 3, July 1986, Pages 299–302, https://doi.org/10.1093/oxfordjournals.bjc.a047613 Published: 01 July 1986

THE IMPACT OF THE POLICE AND CRIMINAL EVIDENCE ACT, 1984

Journal of the British Institute of Mental Handicap (APEX)Volume 13, Issue 3 p. 128-128 THE IMPACT OF THE POLICE AND CRIMINAL EVIDENCE ACT, 1984 First published: September 1985 https://doi.org/10.1111/j.1468-3156.1985.tb00315.xAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinkedInRedditWechat No abstract is available for this article. Volume13, Issue3September 1985Pages 128-128 RelatedInformation

Legislation

Brian Williams outlines the POLICE AND CRIMINAL EVIDENCE ACT 1984 which will lead to profound changes in policing with implications for probation practice.

Police Complaints Procedure: An Overview

The article reviews the system of enquiries into complaints about the police, after the 1964 and 1976 Police Acts. It concludes that there are still many unsatisfactory areas despite recent reviews and reforms.