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A guest post by Prof David Rosen from Darlingtons. Law and Order: A hypothetical dystopia
Some of what I am about to write, is fiction, some is theory, and some may become a reality. Can you pick out what is fact, and what is fiction for the future?
Son, let me tell you about the dearth of one of the last great British institutions: the British Police Force.
The Police Service we have today is not how it was, with H5, and Tescburys Police Steward service, and Martial Law imposed by the United States Army European Sector in England.
Many years ago, a man called Sir Robert Peel established the Metropolitan Police Force in London. Those men of honesty and integrity, became known in London as Bobbies.
They were members of the public, for the public, to give weight and to uphold those duties to be followed by all citizens, in the interests of community, welfare and existence.
10 Peelian principles were established, but over time, and a desire by a variety of Governments to treat the Police without humanity as cannon fodder, and cut costs, treating them as a luxury service, rather than as a necessity, their role changed to tourist attractions most prevalent ceremonially during the Olympic Games 2012 and the Queen’s Jubilee. They became fewer in number, as the Multi-National food chains saw a gap in the market to supply stewarding services in place of the Police.
At first, there was much sympathy with the public. Then it began…the changes were subtle at first. Crimes that were crimes, became non-crimes.
Those crimes had to be ignored by the Police because they were no longer relevant to job-security, prospects of promotion, or Government statistics to illustrate to the ignorant public that crime went down. Son, crime levels never went down. Definitions of statistics changed and figures were manipulated to show a decrease, when the very opposite was true.
Government statistics forced Police forces to fit in with statistics required by the Home Office. It started with parking offences, powers of which were handed over to traffic wardens. Local Councils saw a way of making fast money, by imposing fines on offenders who could not park elsewhere but in restricted areas designed to do nothing other than to catch those wishing to park. Speed cameras generated major revenue for Councils.
Then, burglary became a civil offence in line with trespass and nuisance, and it became a non-offence, as did shop-lifting, and mugging. With the imposition of National Identity Cards, and ubiquitous CCTV, offenders could be located and tracked without the need for Police. That was the theory, anyway.
Drugs categories became degraded to non-offences, whilst smoking was banned entirely.
Alcohol age-limits were lowered on the basis that drink and drugs mellowed Society. Systems were put in place to inject bromide and female hormones into the water supply. People became less-aggressive.
The duty of a Bobby became more defined into specific roles for certain Police Officers. As the World evolved and became more dependant upon Internet buying and selling, the high streets died, and in their place lay a wasteland of empty shops with broken glass. Civil Disorder broke out. Unemployment levels rapidly increased; The Government could no longer afford to pay for benefits, but freely sprayed anti-aggressive air pollutants to provide a haze of happiness to the millions.
Drugs Lords who developed aggression pills to combat passivity and empathy, became powerful, as corruption took over, and our great police forces could only weep in the depths of their subjugation, too weak in numbers and morale to do anything, the system hoist by its own petard, not to criticise itself internally or externally pursuant to Section 41 of the Police Act, or face charges of mutiny.
The Health and Safety Executive became so powerful that competition in schools and elsewhere was banned for fear of injury. Schools became powerless to punish children as did parents, embracing the decades of policy introducing ‘touchy-feely cotton-wool’ initiatives, that we were all winners…The children did not see this as a step forward, but rather a step towards further rebellion and disorder.
Without competition, sports, a sense of pride and belonging, there was empathy, non-competition, emptiness, loneliness.
Teenagers and young adults studied the 8 hour shift-patterns, and waged War on Police Officers’ family and friends with a view to breaking them down morally and mentally.
Morale was low, as Police began to appreciate that after the culling and dearth of their healthy numbers, they were powerless to prevent National disorder. The Army were called in; What was left of them, following cuts, because they too were considered unnecessary, as Great Britain faced its financial realities and Capitalism broke down.
People’s homes became fortresses. Few people walked the streets during the days. Nights were no-go zones anywhere. Without the real Police Force, communities who were not close-knit, broke down. No one cared. Everyone was for themselves. Survival modes took over. No care; No mercy; No manners; No loyalties; No respect for anyone or anything. We just lost our way. We lost sight of social responsibility. There was no one there to uphold the Law…
Is any part of this partial window of dystopia a possibility? I sincerely hope not.
Who are we? Who are our British Police force? What do they stand for? Is it worth protecting? Don’t let the best Police force in the World become a powerless stewarding tourist attraction.
Professor Rosen is a Solicitor-Advocate, Partner and head of Litigation at Darlingtons Solicitors. He is an associate Professor of Law at Brunel University, specialising in Civil,Criminal Fraud and Legal Theory, and a member of the Society of Legal Scholars.
The Queen's Speech: proposals will be interesting to current GDL and LPC students
The Queen’s Speech takes place today on Wednesday 9 May 2012. Its full contents are yet to be published. Some of the proposals below, if included, might see themselves in future in the GDL or LPC. Please note that this blogpost is not to be interpreted as evidence that there will be changes to the substantive teaching of the GDL or LPC in any learning providers. All or none of these proposals may be included by HM The Queen on behalf of HM Government today.
Lords Reform Bill – Constitutional and Administrative Law, Graduate Diploma in Law
Despite tension between the Coalition partners, a Bill to bring in an elected senate to replace the House of Lords is expected to be announced, to be introduced within the next 12 months. A lot of this business has already taken place in the Commons Select Committees. All three main parties committed to reform in their 2010 manifestos. Under current Government plans the new senate would be made up of 300 members, with 80% of them elected. The Bill is controversial, and face substantial opposition in both chambers. Conservative backbench MPs have warned that reform is a distraction from more pressing concerns about the economy.
Defamation Bill – Law of Torts, Graduate Diploma in Law; Civil Litigation CPA, Legal Practice Course
The Government has already investigated ways in which to reform libel laws, which could include claimants having to show they have suffered serious harm before suing for defamation. There could also be a system of preliminary hearings in which a judge could throw out spurious cases. Following a draft bill last year, a full bill is now expected.
The Joint Committee on the Draft Defamation Bill published its report on 19 October 2011 on defamation law and welcomes many of the reforms proposed in the draft Bill. That unanimously-agreed report proposed many detailed amendments to the defences available against libel claims, mainly designed to strike a fairer balance between the protection of reputation and freedom of speech. For example, greater protection is proposed for scientists and academics writing in peer-reviewed articles and for publishers in reporting on their debates at conferences.
As well as making recommendations for legislative change, the committee seeks far stronger and more urgent action by judges to manage cases efficiently. An essential step in encouraging early resolution of disputes is the abolition of jury trials in defamation actions, in all but exceptional cases. Judges will then be required to take key decisions affecting the outcome of the case at an early stage, before massive legal costs are incurred.
Banking Reform Bill – “Commercial awareness” CPA in Business Law & Practice, Legal Practice Course
The most widely trailed measure expected to be included in the Queen’s Speech is the long awaited move to split banks into their retail and investment banking functions. The aim is to prevent the investment activities of a bank jeopardising its retail (high street) operations. A detailed blogpost has been previously published on this blog. The retail arms would not be allowed to trade in derivatives or other exotic financial instruments blamed for the financial crash. Banks would have until 2019 to make the changes. A white paper is expected in June with draft legislation to follow in the autumn.
Crime, Communications and Courts Bill – Criminal Litigation CPA, Legal Practice Course
Driving under the influence of drugs could be made its own specific offence in this bill. Offenders could face a fine of up to £5,000, a driving ban of at least 12 months as well as a prison term. The exact drugs covered by the offence and the specified limits for each will be decided following advice from a scientific review panel and public consultation. As previously disclosed by The Daily Telegraph, the new law will cover the abuse of prescription drugs as well as illegal narcotics. The new offence will be enforced by the introduction of “drugyalysers” – drug screening devices – which should be in place by the end of the year. A roadside device would be used to enable a police officer to make an arrest without being required to make motorist perform a Field Impairment – or FIT -Tests of their co-ordination by carrying out tasks such as standing on one leg.
National Crime Agency – Criminal Litigation, CPA Legal Practice Course
Back in 2010, the Government pledged to establish a new National Crime Agency “to lead the fight against organised crime”, enhance border security and fight fraud and cyber crime. Some have dubbed it ‘Britain’s FBI’.
According to the Home Office website, “the government’s vision for the NCA was set out in the NCA Plan published in June 2011. It was also a commitment in the first UK strategy on organised crime, Local to Global: reducing the risk from organised crime. Subject to the Queen’s Speech in May 2012, and the passage through Parliament of a bill to create the NCA, the ambition is that the NCA will be fully operational by December 2013.”
Apparently, the NCA has a number of functions. The NCA will be an operational crime fighting agency that will:
- tackle organised crime
- strengthen our borders
- fight fraud and cyber crime
- protect children and young people
It will apparently build on the work of the Serious and Organised Crime Agency, the Child Exploitation and Online Protection Centre, and will incorporate some of the functions of the National Policing Improvement Agency which fit the agency’s crime fighting remit.
Enterprise and Regulatory Reform Bill – Employment Special Elective, Legal Practice Course
A wide-ranging bill which will reportedly bring in changes to the pay of top executives, rules on employment tribunals and redundancy and cut red tape for businesses. Companies such as Aviva and Barclays have recently seen embarrassing shareholder votes on the pay of their senior managers. Liberal-Democrat Business Secretary Vince Cable is said to be keen change the rules to give shareholders a binding vote on on top pay policies. A requirement for a majority of 75% of shareholders to approve pay deals is thought to have been dropped following opposition from business leaders. This follows outcry over the packages awarded to many business leaders, sometimes in spite of poor performances by companies.
Public Sector Pensions – Employment Special Elective, Legal Practice Course
Proposed changes to public sector pensions have led to large scale industrial action, but the Government looks set to move forward with its proposals. The Government has talked of the need to legislate for changes, such as a move to career average schemes, in the next parliamentary session. This will allow the new schemes to start from 2015.
Lord Hutton of Furness has previously published his final report on public service pension provision on 10 March 2011 in which he set out his recommendations to the Government on pension arrangements that are sustainable and affordable in the long term, fair to both the public service workforce and the taxpayer and consistent with the fiscal challenges ahead, while protecting accrued rights.