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Offline the leveller

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« on: August 29, 2012, 09:30:25 PM »

For what it?s worth,  here is some more information about Direction and Control.   (You?ll know that Chief Constables like to evade their responsibilities by claiming our treason reports are matters of Direction and Control).

The following is taken from a North Yorkshire Police letter to Rex (copy attached)

?Pursuant to Section 10 Police Act 1996 North Yorkshire Police (see below) is under the direction and control of the Chief Constable. Accordingly, the decision whether to investigate allegations of criminal conduct is at his sole discretion.


Furthermore there is a long and consistent line of cases which are clear authorities for the proposition that the Chief Constable has a wide discretion about the offences which officers under his direction and control investigate.


In exercising this discretion my client takes into account the public interest in pursuing a criminal investigation, whether an alternative remedy is available, whether an investigation has been undertaken by a regulatory body governing a profession whether civil as opposed to criminal proceedings would lead to a more appropriate solution, whether the matters have become stale, the extent to which criminal proceedings may amount to an abuse of the legal process, the proportionally of instigating a police investigation having regard to the stigma which attaches to a criminal conviction, and whether public funds entrusted to him by the Police Authority for delivering policing services to the public of North Yorkshire should be spent in this way, This is not an exhaustive list?.


Very obviously,  none of these discretions apply to our reports of Treason as it is not within a Chief Constable?s discretion that he may or may not need to investigate Treason.  He has no option but to investigate it as the most grievous crime in British law.  Else he commits the Common Law offences of Compounding the Treason (by knowing of it and doing nothing about it thus permitting and consenting to its continuance) and Misprision of the Treason (in knowingly and wilfully disregarding a report of Treason).





Here is what the Police Act 1996 says in Sections 10 and 8.


The police act 1996


Section 10  -  General functions of Chief Constables

(1)A police force maintained under section 2 shall be under the direction and control of the chief constable appointed under section 11. (Appointment and Removal of Chief Constables)

(2)In discharging his functions, every chief constable shall have regard to the local policing plan issued by the police authority for his area under section 8.



Section 8  -  Local Policing Plans


(1)Every police authority established under section 3 shall, before the beginning of each financial year, issue a plan setting out the proposed arrangements for the policing of the authority?s area during the year (the local policing plan).

(2)The local policing plan shall include a statement of the authority?s priorities for the year, of the financial resources expected to be available and of the proposed allocation of those resources, and shall give particulars of?

(a)any objectives determined by the Secretary of State under section 37,

(b)any objectives determined by the authority under section 7, F1. . .

(c)any performance targets established by the authority, whether in compliance with a direction under section 38 or otherwise [F2, and]

(d)any action proposed for the purpose of complying with the requirements of Part I of the Local Government Act 1999 (best value).

(2A)The local policing plan for any financial year must be consistent with any three-year strategy plan under section 6A which sets out the authority?s current strategies for the policing of its area during any period which includes the whole or any part of that financial year.]

(3)A draft of the local policing plan shall be prepared by the chief constable for the area and submitted by him to the police authority for it to consider.

(4)Before issuing a local policing plan which differs from the draft submitted by the chief constable under subsection (3), a police authority shall consult the chief constable.

(4A)It shall be the duty of a police authority and of a chief constable, in preparing, issuing or submitting any plan or draft plan under this section, to have regard to any general guidance given by the Secretary of State with respect to local policing plans and the drafts of such plans.

(4B)Before giving any guidance under subsection (4A), the Secretary of State shall consult with?

(a)persons whom he considers to represent the interests of police authorities;

(b)persons whom he considers to represent the interests of chief officers of police; and

(c)such other persons as he thinks fit.]

(5)A police authority shall arrange for every local policing plan issued by it under this section to be published in such manner as appears to it to be appropriate, and shall send a copy of the plan to the Secretary of State.

(6)This section shall apply in relation to the Metropolitan Police Authority as it applies to a police authority established under section 3, but taking the references to the chief constable for the area as references to the Commissioner of Police of the Metropolis.]

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