More than 600 serving police officers have signed a damning open letter warning another Tory-led government will “further endanger public safety” and leave the force “perilously close to collapse”.
It is the biggest ever criticism of government policy by frontline officers – despite them being banned from taking an active part in politics.
And it will further undermine David Cameron’s Tories’ credibility as the party of law and order.
The unprecedented intervention came in response to the coalition Government slashing the police budget by around 26% over the last five years, at a cost of 35,000 officers.
The letter states: “The police service is in crisis. Numbers are falling. Experienced officers are leaving (or planning to leave) in their droves.”
And it claims cuts to the force “will send a negative message about Britain being a safe place to live and do business and it will put economic recovery at risk”.
Former Met Det Chief Insp Peter Kirkham wrote the letter after reading one by business leaders outlining their concerns about a Labour government coming to power.
The letter has been signed by more than 1,000 policing professionals, including retired officers and police staff. Among them are 423 PCs and DCs, 188 sergeants, 50 inspectors up to Det Chief Insp level and four superintendents.
But senior officers have condemned the letter. Gareth Morgan, Avon and Somerset temporary Deputy Chief Constable, tweeted: “My advice to all serving officers would be to stay well clear of campaigns and lobbying. It’s the law after all.”
Much concern has been raised by images of police constables taking active measures to support bailiffs using force to repossess homes on behalf of private corporations such as banks and local authorities.
The traditional role of police was to maintain the Queens peace.
This necessarily meant maintaining impartiality as the traditional police oath required:
“”I do solemnly and sincerely declare and affirm that I will well and truly serve Our Sovereign Lady the Queen in the office of constable, without fear or affection, malice or ill will, and that I will to the best of my power cause the peace to be kept and preserved, and prevent all offences against the persons and properties of Her Majesty’s subjects and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law.”
Things began to change with the Police Act 1996. Research has confirmed that the change was never debated of explained:
“I………………..of………………..do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law.’]
Note the difference, “Cause the peace to be kept and preserved” is transformed to “Upholding fundamental human rights”.
A common law obligation is replaced by a statute containing an undertaking to comply with statute law. Statutes cannot secure rights because the next Parliament can repeal whatever undertakings its predecessor might have made.
This is in conformity with the present legal and political establishments claim that “Parliament is supreme and can make and unmake any law it likes”.
Which brings us to the little known Tribunals, Courts and Enforcement Act 2007 (the 2007 Act). “Bailiffs” are now known as “Enforcement Agents” who “Take control of goods” ;
“s.63 Enforcement agents
(2) An individual may act as an enforcement agent only if one of these applies—
(a) he acts under a certificate under section 64 (formerly a certificated bailiff);
(b) he is exempt;
(c) he acts in the presence and under the direction of a person to whom paragraph (a) or (b) applies.
(3) An individual is exempt if he acts in the course of his duty as one of these—
(a) a constable;…”.
There we have it; a constable may act as an enforcement agent because he is exempt from the requirement for certification or when he is under the direction of a person who is certificated.
So much for the bad news.
Now the good news.
The lawfulness of the “Enforcement Agents” actions depends on the authenticity of the documents which they are relying on. I refer you to Guy Taylor’s forensic work.
The lawfulness of the constable’s actions also depends on the whole body of the law and particularly the obligations which The Queen accepted at Her Coronation.
Remember that s.63 (2) states that “An individual may act as an enforcement agent…”. There is no compulsion.
Check YouTube for the following video of the “Coronation of Queen Elizabeth the Second 1953”;
It is in black and white, is 9 mins 17 secs long and has the words “British Pathe” at the beginning.
The first insight which the film gives begins at the 5 min 50 sec point. The prospective Sovereign is presented to the people, she bows to them and then the Archbishops asks the people if they accept her. This election is proof that the people are Sovereign, whatever the present establishment may claim.
The ceremony moves on to the next video. YouTube should take you there automatically.
At the 10 sec. mark the Sword of state is presented “For the punishment of evildoers and the protection of the law abiding” .
At the 20 sec. mark the Chancellor of the Duchy of Lancaster presents the glove symbolising “Gentleness in the levying of taxes”.
At the 1.30 sec mark the Sceptre signifying “Kingly power and Justice” is presented. Justice means to recognise rights and punish wrongs.
At the 1.40 sec. Mark the Rod with the dove signifying that “Equity and mercy are never to be forgotten”.
Equity is fairness. As a legal system, it is a body of law that addresses concerns that fall outside the jurisdiction of the Common Law.
There we have it. Those who hold the Office of Constable, pre and post 1996, should be fulfilling their lawful and legal obligations better than they have been in well publicised cases.
Child abusers should be arrested and prosecuted. Debtors should be treated fairly.
A constable’s duty does not extend to “Taking control of goods” regardless of the circumstances.
The Nuremberg defence, “I vos only followink ze orders”, will not be accepted and failure to do these things is clearly the Common Law crime of misconduct in office.