Controlling the Constable: Police Accountability in England and Wales

Controlling the Constable was commissioned by the Cobden Trust to research the issue of police accountability and independence. The book examines the concept of constabulary independence and re-assesses two controversial policing operations, Brixton and Southall. It concludes that the concept embodies a fundamental incoherence and that a new approach to the conflict between legal authority and democratic authority is urgently needed. The book was controversial, but it was clear that until the problem was tackled on this fundamental level, there could be no significant change in police behavior.

Format: Hardback
Length: 218 pages
Publication date: 01 June 2023
Publisher: Taylor & Francis Ltd

In the early 1980s, the issue of police accountability for their actions reached a boiling point, sparking a significant debate. The upcoming Police Bill, the Scarman report, and mounting pressure from various quarters for an independent complaints machinery all hinged on this crucial question. A thorough examination of the matter was urgently required.

To address this, the Cobden Trust commissioned Tony Jefferson and Roger Grimshaw to conduct a comprehensive research study. The result of their efforts is the groundbreaking book "Controlling the Constable," originally published in 1984. In this seminal work, the authors delve into the concept of constabulary independence, examining its historical context and practical applications.

The authors begin by delving into the relevant legal history, exploring how chief constables have historically wielded this independence in their daily operations. They then assess two highly controversial policing operations: Brixton in the lead-up to the 1981 Riots and Southall on 23 April 1979, a day that witnessed hundreds of arrests and the tragic death of Blair Peach.

Through their meticulous analysis, the authors conclude that the concept of constabulary independence embodies a fundamental incoherence. On the one hand, chief constables are expected to rely on the law to guide their decisions, yet the law often fails to provide clear guidance. This creates a paradoxical situation where the chief constable is left to navigate a complex web of legal requirements without a clear roadmap.

Recognizing the urgent need for reform, the authors propose a new approach to the conflict between legal authority and democratic authority. They argue that the current proposals for greater emphasis on the democratic system as a guide could lead to similar incoherence. Instead, they advocate for a concept of justice that is coherent and can serve as a genuine guide for the chief constable in exercising his discretion.

"Controlling the Constable" is a thought-provoking and controversial book that challenges conventional wisdom. While it may have generated controversy, it is clear on one point: any new complaints procedure, regardless of its independence, must be grounded in a coherent and just framework. The book's insights provide a roadmap for resolving the conflict between legal authority.

Weight: 570g
Dimension: 216 x 138 (mm)
ISBN-13: 9781032503257