Department of Law, University of Leeds
POLICING - UNIT 1 - THE HISTORICAL DEVELOPMENT OF POLICING







Aim of this session
- To illustrate the various legislative attempts that were made, and the
various social processes that operated, to standardise the fragmented 'new
police'.
Objectives - To engender
an understanding of the mechanisms which led the various models of police
organisation known as the 'new police' to become, or be seen as, a unitary
organisation. Namely, the depoliticisation of the police and the development
of the 'English Policing Image.'
Reading:
Critchley, T.A., (1967) A History of the Police in England and Wales
900 - 1966, Constable, London. - Chapters 6 - 9.
Emsley, C., (1996) The English Police, 2nd Edition, Wheatsheaf
Harvester, London. - Chapters 3-6.
Rawlings, P. (2000) Policing: A Short History,
Cullompton: Willan Publishing.
Reiner, R., (2000) The Politics of the Police, 3rd Edition, Oxford:
Oxford University Press
Reiner, R. (1995) "From Sacred to Profane: The Thirty Years' War of
the British Police", Policing and Society, vol. 5, no. 2, pp. 121-128.
Wall, D.S. (1998) The Chief Constables of England and Wales: The socio-legal
history of a criminal
justice elite, Aldershot: Dartmouth. Chapter 3.
(a) The constitutional
position of police organisations in the mid-to-late 19th century.
- There existed three main types of police force after the County and Borough
police Act, 1856, the Borough, County and Metropolitan forces. (There also
existed the City of London Police who were small in number). Each was subjected
to similar managerial processes.
-
Police Authorities - In the boroughs Watch Committee were responsible
for all aspects of policing (including operational policy). In the counties
Standing Joint Committees (Quarter Sessions composed of magistrates before
1889) were responsible for the administration but not operational policy
of policing in the counties. The latter function rested with the Chief
Constable. The Home Secretary is the police authority for the Metropolitan
Police Area.
-
Management and accountability - The Watch Committees delegated powers
to a trusted head constable in the Boroughs but (technically) retain overall
control. Watch Committees were composed of elected councillors. Standing
Joint Committees in the Counties appointed chief constable to manage county
police. Standing Joint Committees were composed equally of elected county
councillors and magistrates. Metropolitan Commissioners pass policy decisions
down the chain of command via intermediaries. Until 1976 Metropolitan Police
Commissioners were ex-officio Magistrates.
-
Home Secretary - The Home Secretary had overall responsibility for
general policing matters but local (and the greater) responsibility rested
with police authorities. Except in the Metropolitan Police Area (where
the Home Secretary was, and still is, the police authority).
(b) Constitutional position
of the police officer - Police officers were, as they are today,
civilians in uniform. We have a civil police in England and Wales (and
in the UK for that matter) so the quasi-military narrative of police management
(they regularly talk of 'mobilising their troops' etc) is fairly erroneous.
Yet the police are also a disciplined body of people. (This contrast on
function is developed in the unit on the nature of policing).
Special constables being briefed in the late 19th Century
(c) Legislative changes
-
1856 - 1918 - During this period there took place a number of minor
but important legislative changes which worked towards standardising some
aspects of police work. They were as follows.
-
Police Expenses Act, 1874 - Increased the treasury grant from a
quarter (as of 1856 County and Borough Police Act) to a half. Problem of
small borough forces arose again.
-
Municipal Corporations Act 1877 - Prohibited new small boroughs
(with less than 20K population) from forming police forces.
-
Local Government Act 1888 - Did reduce number of the smallest borough
forces by forcing them to amalgamate with larger forces (usually county).
-
Police Pensions 1890 - The police were given a legal right to a
pension after twenty five years service. Was previously discretionary.
The problem was that pension funds were discrete to each force and problems
arose where a person moved from one force to another.
-
Police Weekly Rest Day Act 1910 - Gave police officers a day off
each week. The Police Weekly Rest Day Committee was very important in that
it highlighted the lack of understanding that the Home Office had about
both policing and police officers. It also highlighted the ignorance of
politicians about the origins of chief constables.
The police officer who needed standardising
(c. 1887)
(d) First World War-
Victorian Bric 'a Brac - The police at the time of the First World War
was described by Critchley as a collection of Victorian Bric 'a Brac. (Critchley
p. 176), its structure didn't fit in with the demands made of them at that
time.
-
Increased demands made of the police due to the war - The First
World War placed a many new demands and responsibilities upon the police
which the they were hard pressed to fulfil. The fact that many officers
left their forces to go to war didn't help the situation. All that were
left were retired and ex-constables who were drafted in. A few officers
were prevented from leaving the police and some of the part-time voluntary
Special Constabulary were employed on a temporary full-time basis.
-
A great number of county Chief Constables rejoined their old regiments
for
the duration of the war and the Police Review (which was running a campaign
to encourage the appointment of all Chief Constables from within the police)
commented that as the forces had run perfectly well without the (externally
recruited) Chief Constables during the War, why then reinstate them ?
-
The response to those demands: Police Union and militancy - In 1916
the Police Union was formed, the Government of the time was against it.
The government was systematically discrediting labour organisations as
communist. On Tue. 27 Aug. 1917 the Police Union threatened action unless
the following conditions were reached.
-
Police pay was increased
-
A sacked member reinstated
-
The Police Union was officially recognised
-
6000 officers came out on strike. The Commissioner made promises
and averted further action but became the scapegoat and was removed from
office. He left along with his promises. Further action followed a year
later.
(e) The Desborough Committee:
Making policing into a Profession ! - In response to the crisis in policing
the government set up the Desborough committee to look a conditions etc.
-
Recommendations - Desborough was very broad in its recommendations
and sought to standardise many aspects of police organisation.
-
Standardised police force organisation and conditions - Police pay,
for example, was for the first time, not to be related the pay of an agricultural
labourer.
-
Internally recruited chief officers - The principle of recruiting
chief officers from within the police was accepted (although not adhered
to for many years) (Regulation 9).
-
Police Act 1919 - Before the Desborough committee could report the
Home Secretary rushed the 1919 Police Act through Parliament. It didn't
make provision for a police union but for the creation of a police
federation.
.
"Constable says - you were doing forty miles an hour, Sir"
Motorist whispers, "Make it seventy, I'm trying to sell him the
thing"
(f) Inter-War Years
-
Royal Commission 1929 and the Select Committee on Police Forces
Amalgamation. - Identified the problems of the police as being rooted in
the quality of senior command.
-
Trenchard and the Hendon Police College - Trenchard proposed a police
college to train and fast track future senior officers and solve the Metropolitan
Polices' problem of finding suitable senior officers.
-
The effects of Hendon on the UK police. - Created great disquiet
(as the promotion of ordinary officers was frozen to allow the Hendon graduates
to fast track). Hendon closed at the outbreak of war and never re-opened.
In the 1960s the graduates occupied the most senior ranks in the UK police.
(g) Policing during the war
-
War-time regulations - The introduction of war-time regulations
decreased the powers of local government over policing and enabled central
government to increase its own control (especially over the appointment
of the Chief Constable).
-
Regulation thirty nine - Gave the Home Office much control over
policing, control which it retained after the war.
-
War-time structures - regional forces - During the second World
War the police were reorganised into large regional structures that were
composed of amalgamations of local county and borough forces. Whilst most
of the large wartime forces were disbanded after the war they did tend
to seed the idea for larger police areas and demonstrated that they could
be operated.
Key Legislation:
Offences Against the Person Act 1861
Police Expenses Act 1874
Municipal Corporations Act 1877 and 1882
Police Pensions Act 1890
Police Weekly Rest Day Act 1910
Police Act 1919
War-Time Regulations
Summary / Conclusion
The Position of police after the County and Borough Police Act 1856
- There were three separate traditions of policing, in boroughs, counties
and Metropolitan police each with different command structures and accountability.
-
The police officers (all men) were civilians in uniform, the latter being
a tradition that remains to this day.
-
Between 1856 and 1918 various legislation improved the lot of the police
and its organisation.
-
1874 police expenses act increased treasury grant to one half.
-
1888 Local Govt. Act reduced smaller forces.
-
1890 Police Pensions Act gave police officers the right to a pension after
25 years service.
-
1910 Police Weekly Rest-day Act gave them a day off a week.
By the First World War the police were in a mess. The "Victorian Bric 'a
Brac" couldn't cope with the new Edwardian world.
The Police Union was formed and there were two police strikes after
demands for better pay and conditions were made. The police were bought
off with hollow promises. and although the Desborough Committee was formed
to look into police conditions of service the government pre-empted its
report by passing the 1919 Police Act which prohibited the police from
being unionised.
The Desborough Committee looked into all aspects of police organisation
and made recommendations about pay and conditions - it started to see policing
as a career and a sort of profession. However the Home Secretary could
make rules about what the police should do but it was up to local chief
constables and their police committees to enforce them.
The inter-war years were important in the development of policing.
-
The police didn't join the general strike in 1925 which indicated a shift
in their overall ideological position from being anti-government (or pro-labour)
to pro-government.
-
The problem of controlling the police has always been the problem of controlling
the police managers (senior ranks). This was one of the finding of the
1929 Royal Commission into the Metropolitan Police. As a result of the
Commission, Trenchard grafted a hand picked officer cadre onto the Metropolitan
Police. Many of these officers later left the Met to enter senior positions
in the provincial police.
World War 2 was a crucial turning point in the battle between central and
local government for influence over the police. War-time Regulation 39
gave the Home Secretary virtual control over policing, especially chief
constables. This power was used to the full and was not relinquished after
the war. In practice the provincial authorities could no longer appoint
whoever they wished.
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(c) David S. Wall, Centre for Criminal Justice Studies, University of Leeds,
Leeds. LS2 9JT
PLEASE NOTE:
This material is only intended for use by level three students taking policing
option of the LLB
degree and the students of the postgraduate programme in criminal justice
studies.