How to keep politics out of policing

Just how independent are the non-party-affiliated candidates for the new Police and Crime Commissioner positions?

The Police and Crime Commissioner (PCC) elections are almost upon us. On 15 November 2012, we go to the polls, in what will likely be an extremely disappointing turnout, to elect the future leaders of the criminal justice system in our local areas. Elections are taking place in 41 separate areas, with a mix of party-affiliated and independent candidates vying for our votes. The question is – how “independent” are these independents?

Much has been made recently about the fairness of the PCC elections. Independent candidates, whilst trying to keep up with their party counterparts, are still required to find a deposit of £5,000 just to get on the ballot paper – ten times the amount needed to stand in Parliamentary General Elections – and that’s before the campaigning starts. Additionally, in ordinary elections, candidates are only allowed to spend around £12,000 on their campaigns. For the PCC elections, the figure is closer to £100,000. So the question being posed in the press is: do party candidates have an unfair advantage?

Well, yes and no.

They do have access to party funds, making it easier to enter the race to begin with, and to campaign on a grand scale. However, a recent survey commissioned by YouGov found that 61 per cent of people were against the idea of party candidates being elected into PCC positions. When taking account of age, 74 per cent of the "over 60s" category (the group most likely to act upon their voting intentions) stated that PCCs should not represent a political party. Of everyone sampled, only 11 per cent thought it was acceptable for candidates to have party allegiances.

This sentiment has been a key argument in many independent manifestos. “Free from political pressure” seems to be the mantra of the day. However, upon delving into the manifestos of some independent PCC candidates, proposed policies seem to be dripping with popular punitiveness – the policies of the extreme right of Conservative thinking. For this reason, I suggest that, although candidates may be independent from party interference, they are certainly not independent from political ideology.

Take, for example, the following statements:

“I am advocating a hardline approach. Hardcore thugs must go to jail, not be let off as many are at present. Letting people off just makes things worse and in the end creates more problems.”

“First you may be reprimanded (several times), given final warnings and then formally depending upon age cautioned and then eventually end up in court. Court sanctions can be modest and even then often not complied with. The learned behaviour for this small group of individuals is one of petty crime pays, because the risk of real sanctions is frankly negligible. The sanctions available to the police and others who work hard in the criminal justice system are just not there. Outrageously prison sentencing policy is driven by the number of places available, not protecting us.”

Both of these statements refer to antisocial behaviour in local areas. The first was made by a Conservative MP – the newly-appointed justice secretary, Chris Grayling. The second is from a collection of soundbites from the website of Lincolnshire’s “only truly independent” candidate for the PCC role, David Bowles. These statements seem to portray the same thing, and it should not be forgotten that Chris Grayling was bought in to replace former justice secretary Ken Clarke – predominantly for ideological reasons – to appease the punitive Conservative right. It is evident, just from these short quotes, that, although some Independent candidates do not have party allegiances to contend with, the remnants of ideological thinking are absolutely on show in some of the Independent manifestos. 

So what would a truly independent manifesto look like?

For me, it would draw on evidence from the fields of criminology, and desistance-based research. Naturally, the topic that is foremost in people’s minds – antisocial behaviour – would take centre stage, as it has done in the majority of PCC candidates’ campaigns. Research shows that, after being reprimanded a small number of times, young people in particular will cease their antisocial actions. For this reason, an evidence-based manifesto would encourage community payback initiatives, incorporating the principles of restorative justice, as opposed to a more punitive approach, such as imprisonment, as advocated by the likes of Grayling and Bowles. 

To take this further, non-criminal arrangements, such as informal warnings from police officers, will often be enough to deter young people from engaging in antisocial behaviour. A scheme such as this non-criminal approach would also result in the young person not obtaining a criminal record, meaning that the negative impact of having a record – such as poorer long-term employment prospects – can be avoided, enhancing the likelihood of long-term desistance from crime.

Police visibility is also a hot topic. However, Officer numbers need to be balanced with the requirement set by central Government to make financial cutbacks. One way of doing this could be to recruit increased numbers of volunteers – Special Constables who, unlike expensive Police Community Support Officers (PCSOs), have the same powers of arrest as regular Officers. This increases local visibility levels, and harnesses volunteers’ enthusiasm and knowledge of their local areas, whilst keeping costs down.

It should be borne in mind that, eventually, the PCC role is likely to incorporate all aspects of local criminal justice, including the Courts, Probation, and some Prisons. With this in mind, a complete manifesto would address the challenges faced by these institutions, as well as the police. For example, PCC candidates should outline their support for sentencing policy that keeps many low-level offenders out of prison, and encourages community sentences that provide opportunities for community payback, as well as providing the offender with a chance to improve their employment prospects and education level.

To conclude, if we really want to keep politics out of policing, and develop an effective and efficient criminal justice system, we should leave ideological thinking at the polling station door, and vote for evidence-based policies. Only then can a candidate call themselves “truly independent”.

A full list of candidates for Lincolnshire, and the rest of the country, along with further information about PCCs and the election, can be viewed at www.policeelections.com.

 

Photograph: Getty Images

Craig is a forensic psychology blogger interested in evidence-based criminal justice and desistance from crime. He tweets as @CraigHarper19.

Getty
Show Hide image

After Article 50 is triggered, what happens next?

The UK must prepare for years, if not decades, of negotiating. 

Back in June, when Europe woke to the news of Brexit, the response was muted. “When I first emerged from my haze to go to the European Parliament there was a big sign saying ‘We will miss you’, which was sweet,” Labour MEP Seb Dance remembered at a European Commission event. “The German car industry said we don’t want any disruption of trade.”

But according to Dance – best known for holding up a “He’s Lying” sign behind Nigel Farage’s head – the mood has hardened with the passing months.

The UK is seen as demanding. The Prime Minister’s repeated refusal to guarantee EU citizens’ rights is viewed as toxic. The German car manufacturers now say the EU is more important than British trade. “I am afraid that bonhomie has evaporated,” Dance said. 

On 31 March the UK will trigger Article 50. Doing so will end our period of national soul-searching and begin the formal process of divorce. So what next?

The European Parliament will have its say

In the EU, just as in the UK, the European Parliament will not be the lead negotiator. But it is nevertheless very powerful, because MEPs can vote on the final Brexit deal, and wield, in effect, a veto.

The Parliament’s chief negotiator is Guy Verhofstadt, a committed European who has previously given Remoaners hope with a plan to offer them EU passports. Expect them to tune in en masse to watch when this idea is revived in April (it’s unlikely to succeed, but MEPs want to discuss the principle). 

After Article 50 is triggered, Dance expects MEPs to draw up a resolution setting out its red lines in the Brexit negotiations, and present this to the European Commission.

The European Commission will spearhead negotiations

Although the Parliament may provide the most drama, it is the European Commission, which manages the day-to-day business of the EU, which will lead negotiations. The EU’s chief negotiator is Michel Barnier. 

Barnier is a member of the pan-EU European People’s Party, like Jean-Claude Juncker and German Chancellor Angela Merkel. He has said of the negotiations: “We are ready. Keep calm and negotiate.”

This will be a “deal” of two halves

The Brexit divorce is expected to take 16 to 18 months from March (although this is simply guesswork), which could mean Britain officially Brexits at the start of 2019.

But here’s the thing. The divorce is likely to focus on settling up bills and – hopefully – agreeing a transitional arrangement. This is because the real deal that will shape Britain’s future outside the EU is the trade deal. And there’s no deadline on that. 

As Dance put it: “The duration of that trade agreement will exceed the life of the current Parliament, and might exceed the life of the next as well.”

The trade agreement may look a bit like Ceta

The European Parliament has just approved the Comprehensive Economic and Trade Agreement (Ceta) with Canada, a mammoth trade deal which has taken eight years to negotiate. 

One of the main stumbling points in trade deals is agreeing on similar regulatory standards. The UK currently shares regulations with the rest of the UK, so this should speed up the process.

But another obstacle is that national or regional parliaments can vote against a trade deal. In October, the rebellious Belgian region of Wallonia nearly destroyed Ceta. An EU-UK deal would be far more politically sensitive. 

The only way is forward

Lawyers working for the campaign group The People’s Challenge have argued that it will legally be possible for the UK Parliament to revoke Article 50 if the choice is between a terrible deal and no deal at all. 

But other constitutional experts think this is highly unlikely to work – unless a penitent Britain can persuade the rest of the EU to agree to turn back the clock. 

Davor Jancic, who lectures on EU law at Queen Mary University of London, believes Article 50 is irrevocable. 

Jeff King, a professor of law at University College London, is also doubtful, but has this kernel of hope for all the Remainers out there:

“No EU law scholar has suggested that with the agreement of the other 27 member states you cannot allow a member state to withdraw its notice.”

Good luck chanting that at a march. 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.