SELECTING GUN CARRYING POLICE OFFICERS

Once again there are headlines about the police.  I suppose in an era when a personality or a member of a subset of a group sneezes the rest of society reaches for a handkerchief.  When recent events follow on almost simultaneously with the publication of the The Baroness Casey Review it`s hardly surprising that many with or without knowledge are offering an opinion on the short lived mutiny amongst the licensed firearm officers of the Metropolitan Police. Some facts are usually the basis of any discussion.  The Police Federation last polled its members in 2018 on the subject of  armed officers.  That is available here.  For previous posts from me on this topic write "armed police" in the search box.  The latest official statistics on firearms use by police is now available.  This subject has always been what could be described as a hot potato.  Interested bodies are only too pleased to throw the topic to others. Too hot to handle might be another apt description.  With police now often seen patrolling not just with a holstered side arm but with sub machine guns many commentators seem to have forgotten that it was only in 2009 that such weapons were authorised for general use e.g. when patrolling at airports, public buildings and the like.  My own recollection of such armed police patrols was on a visit driving through Belfast in 1968. All cross roads in the city centre had a machine pistol armed officer of the Royal Ulster Constabulary on guard close by.  I was shocked then, shortly before the official start to the "Troubles".  Reporting to a sergeant at a Santa Barbara police station some decades ago that my rented car had been stolen I was somewhat shocked when he said to me, "If you see the car don`t go near it.  You might get shot".  He was advising me that police would have information on the vehicle and would be suspicious of anyone attempting to use it.  Such conversations stay with you for a long time. 

A simple fact of which I recently became aware was that armed police do not receive any extra pay over and above their colleagues.  I asked myself then and I ask you, a member of the public like me, why do those individual officers volunteer for a job which involves the possibility both of facing deadly violence and protecting themselves, their fellow officers and us, the public for no financial gain. I would venture one possible answer insofar as they actively want to be involved in precisely such situations where there is the possibility of using deadly force.  All those with a license to carry guns are trained, we must assume, to the highest standards.  The very few times a police weapon is discharged is evidence of that but is it a coincidence that in the last couple of years three high profile cases of serious criminality have been proved against officers licensed to carry firearms on duty. Currently 260 police officers in the Met are due to face misconduct charges and one firearms licensed officer is currently facing a charge of murder.  There are no figures for how many of those 260 are licensed gun carrying officers.   

It is a common comment by amateur psychologists that those who most seek power are those best not to have their desires satisfied.  Official guidance for chief constables on granting of an ordinary firearms license for a member of the public can be found here. I can find no publicly available information on the criteria required and the selection process for granting a license for a police officer to carry a gun on duty. Can it be the case that those who volunteer for no extra pay or promotion and seek to carry guns are those whose applications should be scrutinised in the very finest detail?  And should that whole application  process be publicly available?  After all, if magistrates whose powers include depriving a person of up to six months liberty, are subject to a very onerous open selection process why not gun carrying police officers whose powers include shooting to kill? 

BRAND: A RUINED REPUTATION BUT INNOCENT?

It seems that Times Newspapers and  Channel 4 TV have done an excellent hatchet job on a loud mouthed  comedian, former film personality and currently stand up performer  who apparently makes £millions from telling those who are interested of his promiscuous lifestyle.  But then there are those who remember the fiasco in 2014 when helicopters  swooped over the house of Cliff Richard after accepting statements from Carl Beech compulsive liar and later to be convicted fraudster and paedophile. The BBC said the coverage would cause Sir Cliff "distress" but was "in the public interest," while police called it "intrusive".  The net result was damages for Sir Cliff and others, conviction of Beech and the presentation to parliament of  the Anonymity of Suspects Bill last year.  CPS guidance on such matters is available here. 

And so to Brand.  His accusers i.e. their legal departments, must have burnt the midnight oil as they discussed the merits of going public.  In the few days since his followers of whom there are millions active and passive have focussed their hysterical opinions on the mass media out for blood.  Indeed their reactions are similar to those supporters of the former antisemitic leader of the Labour Party who maintain a sinister cabal i.e. Jews were out to remove him from position.  The similarity of his supporters and Brand`s is that they resemble a cult; a word which first appeared in English in 1617 derived from the French culte, meaning "worship" which in turn originated from the Latin word cultus meaning "care, cultivation, worship".  Until the early 20th century the term usually was associated with religion.  However in recent years other ideologies can be said to have had a cult following bordering on hysteria.  It could, I suppose, be argued that the "Me Too" movement has itself morphed into a cult where any apparent deviation from its self defined recognised tenets of male/female interaction leads to calls for those involved to be sanctioned.  By putting Brand`s name and alleged offending in the headlines his media accusers are doing what individuals have been unable or unwilling to do themselves.  The hidden crimes of Jimmy Savile come to mind: criminality that was known to hundreds including this blogger many years in advance of their being in the public eye was knowingly suppressed by those who had the power to expose him [not this blogger].  The police will investigate if any laws were broken.  Until then his reputation is forever tainted and his income decimated.  The problems will really hit the fan if there are charges made against him.  What then of his being considered innocent until proved guilty?  Is it necessary to be legally guilty before the truth emerges?  

SECRET REVEALED AND SECRET CONCEALED

I have opined previously that the Single Justice Procedure is [to mix metaphors] a noisy scandal in plain sight.  It is only a matter of time before those decorated with 18th century wigs, supposedly still in use to add some anonymity to the users` identities, prick up their ears  to the cacophony around them.  By its very nature the results are secret and far from the public view. However, at DerbyshireLive,  a report has been published which seems to include the results of a SJP; at least that`s what the preamble suggests.

"Every week at Southern Derbyshire Magistrates' Court the cases of drivers who have broken the law on our roads are dealt with. Their offences are usually decided in their absences and the amount of money they are issued to pay in fines, costs and more can stretch into four figures. The following people have had their misdemeanours recently handled by the justice system". (my bold). 
The full report is available here. 

Recently the Oxford Mail reported that " A prolific cycle thief' has been sentenced for a spate of bike thefts in Oxford."  Quoting from that report; "He was sentenced to six months in prison, suspended for two years. Denton was also given a criminal behaviour order with several conditions to reduce the likelihood of him reoffending."  It seems the assumption is that the suspended jail sentence and a CBO is enough to deter this person from committing further criminal behaviour.  The only caveat is that we, the public, have no idea if this "reduce or do not increase the prison population" policy works.  Do such banning orders do what they say on the tin?  A Freedom of Information request on this subject received the following reply from the Ministry of Justice:- 

"For the last five years for which there is information on all or some of the various banning orders available to magistrates courts:-
1. How many offenders have been subject to each type of such orders?
2. Of those offenders above how many subject to such orders have been subsequently convicted of a criminal offence?

Your request has been handled under the FOIA. I can confirm the MoJ holds all of the information you have requested. However, to provide this as the request currently stands would exceed the cost limit set out in the FOIA. Section 12(1) of the FOIA means a public authority is not obliged to comply with a request for information if it estimates the cost of complying would exceed the appropriate limit. The appropriate limit for central government is set at £600. This represents the estimated cost of one person spending 3.5 working days determining whether the department holds the information, and locating, retrieving and extracting the information. Where section 12 applies to one part of a request we refuse all of the request under the cost limit as advised by the Information Commissioner’s Office. We believe that the cost of locating, retrieving and extracting the requested information by manually checking through all relevant cases would exceed the appropriate limit. Consequently, we are not obliged to comply with your request."

So the conclusion is that neither police at a local level nor magistrates who are directed to apply such sentences have any idea if they deter offenders from further criminality.  Of course it`s possible that senior police officers and crime commissioners not to mention senior judiciary have not been aware of such statistics. That we never hear so much as whispers on the subject from such high ranking people is uncanny.  Perhaps they have never asked the question because they don`t wish to know the answer which suits the MOJ which doesn`t want to reveal the reality of yet another facet of a broken justice system. 

ANOTHER SCANDAL//A ROCK BOTTOM GOVERNMENT

Perhaps the most dispiriting factor for anyone involved however remotely in what can loosely be described  as the operation of our system of law and order is when a grievous miscarriage of justice is revealed whether originating at the base of the justice pyramid; arrest by police, or within the escalating system that is supposed to prove the guilty guilty and exonerate the innocent.  I suppose a foundation stone of not just our but many justice systems who have followed our example can be encapsulated by the English jurist William Blackstone in his seminal work Commentaries on the Laws of England published in the 1760s. It is better that ten guilty persons escape than that one innocent suffer.  

In the light of current miscarriages of this very justice system it is right to look closely at the organisations which operate like long off or deep cover in cricket as the last ditch organisations against such wrongful convictions. That organisation in England is the Criminal Cases Review Commission.  Its members are not just those who belong in the club of the great and the good; they are approved by the prime minister. A few minutes perusing its website would lead an observer to conclude that each and every avenue of investigation within its parameters is a tribute to the open and diverse society we have been told we have become.  And yet the scandals continue. The case of Andrew Malkinson is currently under investigation.  The Post Office "Horizon" scandal does not shine a favourable light on the organisation.  From the website it writes;" The ‘Post Office Horizon’ scandal is the most widespread miscarriage of justice the CCRC has ever seen. It relates to wrongful prosecutions of former sub-postmasters, managers of counter assistants that were reliant on the flawed computer accounting system ‘Horizon’."

It seems that the CCRC is citing its opinion that it`s vastly underfunded inter alia as a prime reason for its current problems.  To quote once again from its website; "This resulted in people being convicted of (or pleading guilty to) offences they did not commit including theft, fraud and false accounting. Since April 2021 the appeal courts have overturned convictions in more than 80 Post Office Horizon cases. In each of the cases the court decided that it had been unfair to prosecute the individual because there were serious defects in the Post Office’s Horizon computer system. In the last three years, more than 100 unjust convictions or sentences have been overturned following CCRC referrals. The organisation has an annual budget of around £8 million and receives around 1,400 applications per year for its Case Review Managers to carry out thorough investigations into often complex cases. In the last year, 1,424 people applied for the CCRC to review their case and 1,275 cases were completed. In the previous year, 1,198 people applied and 1,183 cases were completed. Indications are that applications are currently set to be 30% higher in the current financial year. In the last reporting year (1 April 2022 to 31 March 2023), 83.7% of cases were completed within 12 months of application being received by the CCRC. In that period, 1,275 case reviews were completed. In the previous year, 1,183 case reviews were completed."   Like so much of the information emanating from the Ministry of Justice reams of selected statistics often fail, whether or not by intent, to give a wholly rounded picture of the reality on the ground. One must ask by what terms is this organisation "successful" in its endeavours?  Latest statistics published today are shown below.

 

Those interested can play around with those numbers and come to their own conclusions.  A simple arithmetical exercise shows that of the 30,516 applications only 220 appeal decisions were upheld i.e. 0.72%.  Helen Pitcher, CCRC Chairman,  in The Times 2nd September 2023 wrote that 105 unjust convictions or sentences since 2020 were overturned after referral to her organisation. She observes that in 2022 1,424 applications were received.  One doesn`t have to be a statistician to come to some very uneasy conclusions from these numbers.  Either our justice system is so well run that there are is little likelihood of a miscarriage or that the whole process is geared to the denial of anything going wrong within it.  Of course there must be the caveat that many of the applications had and have little hope of progress for various reasons.  However there is a single fact that is uncontroversial; namely that since 2010 by design the justice system has been not just underfunded, but has been emasculated at each and every level from police officers on the beat upwards.  Once again as with the NHS it is only when scandals reach the eyes and ears of the public that a government, in office but powerless, takes note. Today`s scandal of the probable long known structural failings in school and public buildings is just another step on the stairway into a dark basement of despair for those whose faith in government competence and democratic politics has reached rock bottom.