By H. S Hall
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It was considered by the Royal Commission on the Police in their report (Cmnd 1728). I have no hesitation, however, in holding that, like every constable in the land, he should be, and is, independent of the executive. He is 8 De Smith, S and Brazier, R, Constitutional and Administrative Law, 7th edn, 1994, London: Penguin. 10 The Development and Foundations of Modern Policing not subject to the orders of the Secretary of State, save that, under the Police Act 1964, the Secretary of State can call on him to give a report, or to retire in the interests of efficiency.
There is, of course, the complaints procedure in dealing with grievances against police actions (see Chapter 8) and, also, the police are not immune from criminal prosecutions in extreme circumstances, but to what extent are individual police officers liable for civil wrongs (torts) such as negligence, trespass and false imprisonment? Under the common law, a police officer was personally liable for his or her wrongful or unlawful acts although, prior to the Police Act 1996, it was left to police authorities as to whether they were prepared to pay an officer’s damages and legal costs.
Certain clauses in the Police and Criminal Evidence Bill attracted fierce opposition, both within and outside Parliament, and its passage was further delayed by the general election in May 1983. Although enacted in October 1984, nearly all of PACE did not come into effect until 1986, such was the extent of preparation needed for the operation of its new provisions. As far as the police service itself was concerned, all police officers had to be retrained under the new provisions and procedures of PACE, in time for its implementation.
A short introduction to graphical algebra by H. S Hall