Contents

Volume 83 Number 1 2010
ISSN: 0032-258X  eISSN: 1740-5599

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Commentary


Keywords: doi10.1358/pojo.2010.83.1.510

Barry Loveday      1

ABSTRACT

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PJ 83 (2010) 1


Barry Loveday

The successful prosecution of Commander Ali Dezaei in February 2010 at Southwark Crown Court has brought to an end the career of a police officer whose name has, over the years, rarely left the front pages of the national newspapers. The jury was to take just over two hours to find him guilty of misconduct in a public office and perverting the course of justice. Commander Desaei had abused his position to arrest and falsify a case against Waad al-Baghdadi, a web designer. In sentencing Desaei, the judge was to state that he was guilty of a grave abuse of trust and that a four-year gaol sentence was necessary to 'send a clear message that police officers of whatever rank were not above the law' (O'Neill, 2010).

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Article

Blacklists and Black Sheep
Keywords: Keywords: blacklist; information commissioners; Office of Fair Trading; whistle-blowing; white-collar offenders
Keith Soothill      5
DOI: doi10.1358/pojo.2010.83.1.483

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PJ 83 (2010) 5

Blacklists and Black Sheep
Keith Soothill

Policing the activities that are borderline between being criminal and non-criminal are complex. Other enforcement agencies, such as the Information Commissioner's Office and the Office of Fair Trading, often become involved. The recent revelation of a secret blacklist of 3,200 construction workers detailing their trade union activities and past employment conduct is an example. This article considers the reactions to such practices. It asks why firms should decide to have recourse to a blacklist and whether it is symptomatic of a wider malaise in terms of a lack of communication. The article suggests that whistle-blowers are the best protection for both workers and the public when statutory inspection and enforcement fails.

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Suing Detectives
Keywords: Keywords: accountability; duty and standard of care; negligent investigations; suing
David Carson      11
DOI: doi10.1358/pojo.2010.83.1.488

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PJ 83 (2010) 11

Suing Detectives
David Carson

In Australia, New Zealand, the United States of America and the United Kingdom you can sue a negligent doctor, but not a negligent detective. You can sue both doctors and detectives in Canada and South Africa. Why the difference? Would making detectives liable for negligent police investigations improve their decision making or, as many judges assert, increase risk aversion and divert significant resources from tackling crime? This article explains the civil law of negligence but criticises its judicial application in cases of alleged negligent investigation. It argues that the current position is no longer sustainable. As increasingly recognised by senior judges, legislative intervention is inevitable and overdue. Police forces should not be opposing change but preparing to manage the consequences by seizing the opportunities available to ensure that a learning paradigm is embedded within a new scheme which limits costs and prevents many of the problems which the judges, albeit exaggeratedly, predict.

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A Comparison of the Effectiveness of Pre- and Post-employment Modes of Higher Education for Student Police Officers
Keywords: Keywords: higher education; police: student officers; reflective practice
Brian Blakemore and Kevin Simpson      29
DOI: doi10.1358/pojo.2010.83.1.481

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PJ 83 (2010) 29

A Comparison of the Effectiveness of Pre- and Post-employment Modes of Higher Education for Student Police Officers
Brian Blakemore and Kevin Simpson

Several police services have aligned themselves in a variety of modes with higher education (HE) since 2005 as part of the localisation of the Initial Police Learning and Development Programme (IPLDP). The two main modes for delivering HE are analysed and compared. The concept of the reflective practitioner, how this might be achieved and the effectiveness of reflective practice will be used to compare the effectiveness of the two modes of delivery. One important aspiration of the modern police service is to reflect fully the constituency and communities that each service represents. The application of HE delivery modes to police recruitment may seem to threaten meeting these equal opportunity aspirations; the validity of such assumptions will be considered.

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The Impact and Application of Criminal Networks Theory in Local Neighbourhoods, and its Relationship with Local, National and International Criminality
Keywords: Keywords: criminal networks; neighbourhood policing; integrated policing solutions; intelligence use; peer groups; problem-solving approach; street gangs     42
DOI: doi10.1358/pojo.2010.83.1.495

ABSTRACT

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PJ 83 (2010) 42

The Impact and Application of Criminal Networks Theory in Local Neighbourhoods, and its Relationship with Local, National and International Criminality

This article attempts to explain how combining some of the recent thinking about organised criminal networks, street gangs and confidential intelligence with local problem-solving initiatives offers an integrated solution to tackling the harm caused by criminals in communities. It does not claim to be a panacea, but makes specific reference to the impact of criminal networks at a neighbourhood level, and the relationship among gangs, criminal networks and their precursor 'peer groups', and touches on how international networks affect crime in neighbourhoods. It also proposes possible collaborative solutions for addressing this criminal challenge as part of an integrated approach.

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British Road Deaths have Dropped below 3,000 per Year, but has Road Safety Really Improved?
Keywords: Keywords: reduced deaths; roads; safety culture
Anthony Reinhardt-Rutland      51
DOI: doi10.1358/pojo.2010.83.1.468

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PJ 83 (2010) 51

British Road Deaths have Dropped below 3,000 per Year, but has Road Safety Really Improved?
Anthony Reinhardt-Rutland

Road deaths have halved since the 1960s, an outcome that suggests an improving safety culture: road-users collectively and individually focusing on safety. However, the reduction may be attributed to reduced walking and cycling, increased traffic density and improved NHS trauma care. Although more contentious, safety engineering should also be considered. Finally, fuel shortage has in the past reduced deaths and may do so in the future. Compared with rail and terrorism, the safety culture pertaining to road use is weak.

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A Critique of the Deficiencies in the Regulation of Contemporary Police Powers of Detention and Questioning in England and Wales
Keywords: Keywords: custody officer; deficiencies in the regulation of police powers; detention reviews; investigative interviewing process; PACE (Police and Criminal Evidence Act 1984); police powers; reforms; rights of the detainees
Emmanouela Mylonaki and Tim Burton"      61
DOI: doi10.1358/pojo.2010.83.1.482

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PJ 83 (2010) 61

A Critique of the Deficiencies in the Regulation of Contemporary Police Powers of Detention and Questioning in England and Wales
Emmanouela Mylonaki and Tim Burton"

The article explores the problems associated with the regulation of police powers of detention and questioning as prescribed by the Police and Criminal Evidence Act 1984 (PACE). The police powers of detention and questioning are analysed holistically with reference to the role of the custody officer as gatekeeper, the detention reviews, the treatment and rights of detainees, and the investigative interviewing process. Whilst the fundamental purpose of police powers of detention and questioning is to investigate crime, it is argued that the deficiency in their regulation is a conceptual failure to realise that the process of police investigation militates against objective regulation. The authors argue that PACE is too reliant on self-regulation of police observation and supervision of the rules and a redefinition of the regulation of investigative powers is missing.

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Casenote

Stop and Search: Gillan and Quinton v United Kingdom European Court of Human Rights 12 January 2010
Keywords: Keywords: European Convention on Human Rights, Articles 5, 8, 10 and 11; lawfulness; police powers; stop and search; Terrorism Act 2000
David Wicks      80
DOI: doi10.1358/pojo.2010.83.1.505

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PJ 83 (2010) 80

Stop and Search: Gillan and Quinton v United Kingdom European Court of Human Rights 12 January 2010
David Wicks

The European Court of Human Rights considered an application by two individuals who were stopped and searched by police officers under powers conferred by the Terrorism Act 2000. Both applicants alleged interference with their rights under the European Convention on Human Rights (ECHR) and sought compensation for that interference.

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Anonymous Blogs by Serving Police Officers: Author of a Blog v Times Newspaper Limited High Court (Queen's Bench) 16 June 2009
Keywords: Keywords: Anonymous blogs; duty of confidence; of European Convention on Human Rights, Articles 8 (right of privacy) and 10 (freedom of expression); injunction; Police (Conduct) Regulations (SI 2004/645and SI 2008/2864); press identification of blogger; serving officer; reasonable expectation of privacy
Damian Carney      83
DOI: doi10.1358/pojo.2010.83.1.505

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PJ 83 (2010) 83

Anonymous Blogs by Serving Police Officers: Author of a Blog v Times Newspaper Limited High Court (Queen's Bench) 16 June 2009
Damian Carney

Justice Eady in the High Court hears application for an interim injunction from a serving police officer to prevent a newspaper from revealing that the officer was an anonymous blogger commenting on police matters.

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Review

McNab: Deadly Force: Firearms and American Law Enforcement, from the Wild West to the Streets of Today; and Heard: Handbook of Firearms and Ballistics: Examining and Interpreting Forensic Evidence
Peter Squires      87
DOI: doi10.1358/pojo.2010.83.1.504

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Links to other issues

Volume 74 (2001) :   1   2   3   4

Volume 75 (2002) :   1   2   3   4

Volume 76 (2003) :   1   2   3   4

Volume 77 (2004) :   1   2   3   4

Volume 78 (2005) :   1   2   3   4

Volume 79 (2006) :   1   2   3   4

Volume 80 (2007) :   1   2   3   4

Volume 81 (2008) :   1   2   3

Volume 82 (2009) :   1   4

Volume 83 (2010) :   1

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