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Policing Protocol Order 2011

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Policing Protocol Order 2011
NamePolicing Protocol Order 2011
Enacted2011
JurisdictionUnited Kingdom
StatusCurrent

Policing Protocol Order 2011

The Policing Protocol Order 2011 is a statutory instrument implemented to define the relationship among local policing bodies, national agencies, and elected officials in the United Kingdom, aligning duties among entities such as Home Office (United Kingdom), Crown Prosecution Service, Independent Office for Police Conduct, College of Policing, and Her Majesty's Inspectorate of Constabulary and Fire & Rescue Services. It sets procedural norms for interactions between Police and Crime Commissioners (England and Wales), Mayor of London, Metropolitan Police Service, Greater Manchester Police, West Midlands Police, and other territorial police forces, reflecting frameworks similar to earlier instruments like the Police Reform and Social Responsibility Act 2011 and doctrines referenced in guidance from Cabinet Office (United Kingdom), Local Government Association, and legal analyses from the Supreme Court of the United Kingdom.

Background and Purpose

The Order arose amid debates involving actors such as David Cameron, Theresa May, Nick Clegg, Home Secretary (United Kingdom), and consultative input from bodies including the Association of Police and Crime Commissioners, National Police Chiefs' Council, and think tanks like the Institute for Government. It responded to policing governance reforms associated with the Police Reform White Paper and the passage of the Police Reform and Social Responsibility Act 2011, aiming to clarify oversight between institutions exemplified by Greater London Authority, Scottish Parliament, and courts such as the Court of Appeal of England and Wales. The purpose emphasized accountability, operational independence, and cooperation across agencies like the Serious Organised Crime Agency and successor arrangements including National Crime Agency.

Key Provisions and Principles

Principal provisions enumerate duties for stakeholders such as Police and Crime Commissioner (United Kingdom), Chief Constable, and statutory bodies like the Crown Prosecution Service and Independent Office for Police Conduct. The Order codifies principles of operational independence reflected in rulings from the European Court of Human Rights, mandates collaborative mechanisms with entities like the National Police Chiefs' Council and College of Policing, and prescribes protocols for information sharing aligning with obligations under statutes such as the Data Protection Act 1998 and instruments influenced by the Human Rights Act 1998. It sets out dispute-resolution pathways referencing tribunals such as the Administrative Court (England and Wales) and endorses strategic plans comparable to those used by the Metropolitan Police Service and Kent Police.

Roles and Responsibilities of Agencies

The Order delineates the responsibilities of elected figures including the Mayor of London and Police and Crime Commissioner (United Kingdom), operational leaders like Chief Constable (United Kingdom), and oversight bodies such as Her Majesty's Inspectorate of Constabulary and Fire & Rescue Services and the Independent Office for Police Conduct. It specifies cooperation obligations with prosecutorial actors including the Director of Public Prosecutions and partnership agencies like Crown Prosecution Service units, local authorities exemplified by Liverpool City Council and Birmingham City Council, and emergency services including London Fire Brigade when multi-agency responses are required. The Order allocates functions for resource planning, performance measurement tied to frameworks employed by HM Treasury and audit scrutiny by the National Audit Office.

Implementation and Enforcement

Implementation involved statutory guidance issued by the Home Office (United Kingdom), monitoring by Her Majesty's Inspectorate of Constabulary and Fire & Rescue Services, and operational adoption by forces such as Surrey Police and Northumbria Police. Enforcement mechanisms reference civil remedies available through courts including the High Court of Justice and administrative review by panels similar to those convened by the Local Government Association or adjudicated through the Supreme Court of the United Kingdom. Training and professional standards were promoted via the College of Policing and compliance audits by agencies akin to the National Crime Agency, while parliamentary scrutiny occurred through committees such as the Home Affairs Select Committee.

Impact and Criticisms

Proponents—ranging from figures like Theresa May in her tenure as Home Secretary (United Kingdom) to organizations such as the Association of Police and Crime Commissioners—argued the Order improved clarity among entities including the Metropolitan Police Service and National Police Chiefs' Council, enhanced accountability aligned with practices in devolved administrations like the Welsh Government, and strengthened victim-focused work with the Crown Prosecution Service. Critics including trade unions like the Police Federation of England and Wales, advocacy groups such as Liberty (organisation), and commentators associated with the London School of Economics contended it risked politicising policing, constrained operational independence, and created complexity in areas overlapping with statutes like the Freedom of Information Act 2000 and obligations under the European Convention on Human Rights.

Since 2011, the Order has been subject to interpretation and challenge in courts including the Court of Appeal of England and Wales and the Supreme Court of the United Kingdom, and has been amended implicitly through subsequent legislation like provisions in the Anti-social Behaviour, Crime and Policing Act 2014 and guidance updates from the Home Office (United Kingdom). Legal challenges brought by parties such as Police and Crime Commissioner (various) offices, local authorities including Manchester City Council, and civil society organisations have tested its boundaries on issues adjudicated in forums like the Administrative Court (England and Wales), producing case law referenced by scholars at institutions such as University College London and University of Oxford.

Category:United Kingdom policing legislation