Statutory and Non-Statutory Protective Services

Learning Aim A

• Protective services fall into the categories of statutory and non-statutory, regardless of being uniformed or non-uniformed.
• Statutory protective services are legally required and government funded.
• Non-statutory protective services are not legally required, some are funded by the government, and some are charities or self-funded.
• Uniformed statutory protective services are in place to maintain law and order, provide emergency assistance, and defend the country and its dependencies.
• Ensuring the safety of a country's citizens is the main consideration for any country.

Examples of Services

• Emergency services such as police, fire, and rescue (blue light services).
• Armed services include the Army, Royal Air Force, Royal Navy (including Royal Marines).
• Custodial Care includes HM Prison Service/private contractors like G4S.
• Supporting Services include UK Visas and Immigration, National Health Service (NHS), Ambulance service, Highways England, Maritime and Coastguard Agency.

Roles and Acts

• Various Acts of Parliament cover the roles of the emergency services, including the Police and Criminal Evidence Act of 1984, The Police Act of 2017, and the Police Crime, Courts and Sentencing Bill 2021
• Main roles of the police include protecting life and property, keeping the Queen's Peace, maintaining public order and safety, enforcing the law, preventing, detecting, and investigating criminal activities, and enforcing licensing laws.
• The Fire and Rescue Services Act of 2004 outlines that the roles for fire and rescue services are to extinguish fires and protect life and property when they occur, minimize damage to property arising from firefighting operations, promote fire safety, rescue people involved in road traffic collisions, deal with other types of emergencies
• Every five years there is a new Armed Forces Act
• The Armed Forces Covenant sets out the relationship between the armed services and the Government.
• The roles of custodial care services according to the Prison Act of 1952 are punishment/rehabilitation of offenders, to protect society from those who break the law.
• Local authorities have a legal responsibility to provide the provision of education at different levels, refuse collection, social services/care provision, environmental protection, road and traffic planning, provision of social housing.
• Under the Civil Contingencies Act of 2004 local councils have a legal obligation to plan, respond and recover from potential emergencies.
• The NHS England must arrange for the provision of a wide range of health services necessary to meet the reasonable requirements of the persons for whom it has responsibility
• Central government ensures statutory services are fit for purpose, through different government departments and the civil service.
• Non-statutory services support statutory services and provide services that no other agency can, e.g. the Royal National Lifeboat Institution (RNLI)

Other Uniformed and Non-Uniformed Non-Statutory Services

• The Salvation Army provides support for the fire and rescue service
• St John Ambulance provides first aid at football matches.
• Includes Red Cross and Mountain and Cave Rescue.
• Consists of utility companies, public transportation, and charity organizations that provide emergency services to reinstate power supplies.

Learning Aim B

• Countries use different forms of government
• Democracy is a political system for choosing and replacing the government through free and fair elections.
• A democracy includes public participation, protection of human rights, and the rule of law.
• In a republic, the head of state and the law-making bodies are elected.
• Key principles of republicanism are similar to those of a democracy
• An absolute monarchy is a form of government where a single person has autocratic power.
• A constitutional monarchy is a form of government in which a monarch, acts as the head of state within the parameters of a written or unwritten constitution.
• Communism is based on the socialist ideas of Marx and Lenin
• Under communism, the state controls everything, and private ownership ceases to exist

Separation of Powers

• Essential for a democratic government to function properly.
• Power is distributed to separate branches: executive, legislative, and judicial.
• Executive: government, Prime Minister, Cabinet, ministers create policies and propose legislation.
• Legislature: Parliament, House of Commons and Lords debate legislation and enact laws.
• Judiciary: judges interpret and apply legislation and develop common law.
• The Constitutional Reform Act 2005 reformed the office of Lord Chancellor, created a UK Supreme Court, and regulated the appointment of judges.

The Process of Legislation

• Laws are made through acts of parliament, delegated legislation, orders in council, and by-laws.
• An Act of Parliament creates or changes laws after approval by the House of Commons, House of Lords, and Royal Assent by the Monarch.
• Delegated legislation means Parliament delegates law-making powers to other bodies.
• Statutory instruments are laws made by government ministers with expert consultation.
• Orders in Council allow the Privy Council (Monarch and senior politicians) to introduce new laws when Parliament cannot act quickly.
• By-laws are laws made or changed in local areas

Statutory Interpretation

• Courts interpret the Statute meaning when the wordings of the Statute (law) are not clear or are uncertain.
• Examples of statutory interpretation are the literal rule, the golden rule, the mischief rule, and the purposive approach
• Judicial precedent means judge made law.
• The doctrine of judicial precedent follows 'stare decisis', meaning to stand by the decision
• A decision by the Supreme Court applies to all lower courts.

Structure of Government in the UK

• Exists on three levels: central, regional, and local
• Based at the Palace of Westminster in London.
• Includes the House of Commons, the House of Lords, and the monarchy, which together are known as Parliament
• Their roles are concerned with issues that have an effect the country as a whole: taxation policy, defence capabilities, international treaties, integrity and governance.

House of Commons

• The House of Commons consists of 650 elected MPs.
• Each MP represents a localized geographical area, called a constituency.
• Every vote should be equally important
• Responsible for making laws, controlling finance, holding the government to account, debating important issues, protecting the individual, scheduling general elections, and by-elections.

House of Lords

• The House of Lords is a non-elected body that is independent from, and complements the work of the House of Commons.
• Their tasks are making and shaping laws and checking the work of the government.
• Hold the government to account

The Monarchy

• The British Monarch such as Queen Elizabeth II has many roles and responsibilities, and has been on the throne since 1952.
• Duties are ceremonial as she acts on the advice of the government.
• Head of state, opens/closes Parliament, appoints the Prime Minister/Royal Assent to Bills, appoints Peers, and head of the Commonwealth.
• The Prime Minister (PM) is usually the leader of the political party with the most representatives in the House of Commons whose duties are allocated to ministers.
• The PM appoints and dismisses ministers, appoints chairs of national industries, gives out honors, sets agendas for government business, and controls information released.

The Cabinet

• Main body that controls policy and coordinates governmental activities
• Consists of around 22 ministerial departmental heads
• Departments of State are charged with important and impactful decisions every day
• The Protective Service links the Ministry of Defense, Home Office, Ministry of Justice, Department for Communities and Local Government, to all branches of the armed services, Police/Border Agency, Prisons/Courts, NHS, and local government/fire and rescue services.
• Civil servants are independent, politically neutral, and support the government's policy wishes.

Devolution

• The transfer or delegation of power to a lower level.
• The Scottish Parliament, Welsh Assembly, and Northern Ireland Assembly are regional assemblies.
• The Scottish Parliament has the most devolved powers of any regional government branch.
• Includes its own legal system, police force, taxation, health service, and education system, and the power to introduce Scottish impact laws
• The Mayor of London sets the budget and is responsible for making London a better place for everyone and sets the budget for arts & culture, business & economy, the environment, fire, health, housing and land, planning, policing & crime, regeneration, sport, and transport.

Local Government

• Focuses on services and facilities needed in local areas and is split into County Councils and District, Borough or City Councils
• Some areas have a single-tier local government also known as a unitary authority with councils in urban shire areas, London Boroughs, and Metropolitan Boroughs
• Deals with local issues such as representing residents, working with partners, delivering essential services, and coordinating the Local Resilience Forums to deal with major incidents and emergencies.
• Another tier of local government is the Police and Crime Commissioner (PCC).

The Police Reform and Social Responsibility Act 2011

• Aims in it's terms to secure an efficient and effective police service.
• Responsible for appointing, holding to account, and dismissing the Chief Constable, setting police and crime objectives, setting the force budget, contributing to national and international policing, and coordinating with community safety and criminal justice partners

Learning Aim C

• The Treasury, led by the Chancellor of The Exchequer, collects money and allocates sums to government departments for public service responsibilities.
• Central government funding is obtained through direct and indirect taxation, such as income tax, corporation tax, property tax, VAT, excise duty, etc.
• Local government funding is obtained through council tax, which helps fund police and fire and rescue services.

Austerity

• Strict economic policies to control debt by cutting spending on services.
• Leads to a restricted protective service, employee stress, slow response times, reduced manpower, poorer community service, and closures.
• All members of the protective/public services are accountable to a number of institutions and to the communities they serve, and may be found guilty of misconduct in a public office

Institutions of Accountability

• Role of the Police and Crime Commissioner (PCC).
• HM Inspectorate of Constabulary and Fire & Rescue Services (HMIFRS) independently assesses effectiveness of police and fire/rescue services
• Independent Office for Police Conduct (IOPC) oversees the police complaints system in England/Wales in regards of deaths and serious offences by working practices and equal oportunities.
• Care Quality Commission (CQC) ensures health care standards are met in the social and health care systems throughout the UK.
• HMI Prisons independently scrutinises prisoner conditions.
• Military Courts run their own legal system and deal with serious issues via court martial.
• Financial effectiveness is assessed on how budgets are allocated, that maintain public confidence, and share good practice through audit reports to monitor monitoring effectiveness of service delivery.

Financial Accountabilty

• Financial accountability allocates budgets, effective with public confidence, to support effective and quality public service.
• Audit reports ensure accountability and transparency
• Fair recruitment practice
• Written particulars of employment
• Health and safety
• Working Time Regulations
• Fair treatment

Employer Accountabilty

• All employees have a duty of care to their employees, and are accountable in ways that ensure the safety and wellbeing of their personnel.
• Individual Accountability
• All employees of protective services are responsible to themselves and for the public. They are also accountable to stakeholders, such as the government.

Judicial Review

• Judicial review is a type of court proceeding that addresses lawfulness related to a decision or action made by a public body.
• Cases of decision making may relate to local decision in areas children need welfare help.
• Certain decisions related to immigration can be reviewed.
• Decisions for regulatory bodies and prison settings can be reviewed.

Learning Aim D

• Development of Government Policy requires an understanding of a three-stage journey that involves the public, the media, public services, politicians and expert opinions prior to parliament
• Policies arise from ideas on how to improve or manage a situation.

Manifestos

• Documents published by a party ahead of elections stating an agenda and proposal for new policy
• Pressure sought by interest groups seek to influence officials through lobbying or action to make change

Pressure Group Classifications

• Interest/sectional; i.e Trades Union Congress (TUC), Confederation of Business Industry (CBI)
• Cause; those whose examples are charities
• Insider - links to government
• Outsider - little to no links with government those opposing their politics

E-Petitions

• Started by the public that can lead to debates in parliament of signatures rise to 100,000
• The process to a new law is called a bill, with 4 types that can be introduced to parliament:

1. Public
2. Private Members
3. Private
4. Hybrid

Government Feedback

• Green Papers by that government help review feedback that creates policy and suggests legislative proposals.
• Government is expected to review documents from White Papers that outline proposals for future legislation by that department
• Implementation must occur for the law (act of parliament) that allows to make new law to ensure there is fairness

Acts of Government Policy

• Civilian, Rights (The Human Rights Act 1998/Equality Act 2010), Technology, use of auxiliary armies

Challenges to Government Policy

• Policy changes within uniformed protective services occur following change
• Protest (Strikes and Labour policies) are generally not an option with risk of jailing (Police services & staff/Prison services staff). Fire and rescue service are entitled to strike.
• Associations exist to allow for lobbying
• Dissenters can act through general meetings that need police interaction and or petitions and sit ins.