Pluralist models of policing: Legislating for police powers, a cautionary note from England and Wales

Abstract

Purpose

This paper seeks to assess the fitness for purpose of state regulation of police powers in England and Wales given the increasing “civilianisation” of policing. Specifically, it seeks to evaluate how well the law regulates the main powers of the Police Community Support Officer (PCSO). The initial phase of public consultation on general police powers was completed in May 2007.

Design/methodology/approach

An analytical approach has been taken to the current statutory provisions to assess their suitability for the PCSO. A social constructivist line has been taken with respect to that role and how the powers impact on its wider perception. The points are illustrated with reference to the developmental path and history of the role. This paper recommends addressing the PCSO “powers question” with a simple solution, which better serves the PCSO in practice: the greater use of the concept of “citizens” arrest'. The primary benefit is that clarity would be added to an ill‐defined role. Comparisons are made with jurisdictions such as The Netherlands and USA to underscore the points made.

Findings

There may be lacuna in the legislative provisions, as they do not appear to cover the actions of a PCSO without a purposive interpretation of the law. A further layer of legislation may be counterproductive.

Practical implications

Legislators are urged to encourage the full utilisation of existing civilian powers before rushing to create further rules on the powers of auxiliaries like PCSOs.

Originality/value

There is considerable literature on the powers of the police. Less evident is commentary on how well the legislative framework actually serves public auxiliaries like the PCSO.

Citation

Merritt, J. (2009), "Pluralist models of policing: Legislating for police powers, a cautionary note from England and Wales", Policing: An International Journal, Vol. 32 No. 2, pp. 377-394. https://doi.org/10.1108/13639510910958235