Police reforms and community policing in Poland 2017-2020 by Monika Baylis

Polish Police was established on the 24th of July 1919 by the Act of ‘’Sejm’’ – the lower chamber of Polish parliament of the Second Polish Republic and recently has celebrated its’ 95th birthday. Today, the organisation employs over 100.000 police officers and has just emerged on a new journey called ‘’A programme of modernization of Police, Customs and Boarder Services, Fire Service and Government Protection Bureau’’ allocated for the years between 2017 – 2020, proposed by a current Minister of Interior Affairs and Administration, Mr Mariusz Blaszczak in 2016 and accepted in 2017 by Polish ‘Sejm’. 

01-baylis-main2Monika Baylis who is in her final year of PhD at the University of Huddersfield, argues that the Act, which was a continuation of the previous Act dated from 2006 can be seen as ‘a fresh breath of air’ and much needed ‘’a wake-up call’’ to improve Police service in general which goes along with the view of Polish Police Federation (NSZZ) or NZZPZK expressed in an official letter directed towards Polish government in 2016, stating: ‘’Policja’ has been neglected for many years’’(NZZPZK; 2016, n.p).


Monika Baylis, University of Huddersfield

email: Monika.Baylis@hud.ac.uk  Twitter: @MonikaBaylis

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Monika Baylis with Polish Police – Warsaw airport – September 2017.

Polish Police is based on a centralized model of policing which is similar to Italian or French one. Since its creation in 1919, the organisation went through some difficult transformations by changing its’ name (e.i. from ‘Policja’ to ‘Milicja’ during the communist regime); structure and the role; reflecting some major political, economic and social changes of that times; the First; the Second World War; the Soviet Era, the fall of Communism in 1989; the birth of Polish capitalism in 1990. However, as some Polish academics argue, Polish Police known these days as ‘’Policja’’ faced considerable reforms that resulted in a restructuring of the entire policing model when Polish parliament passed a new Police Act that took effect on April 6,1990.

This Act organized the police force by allowing ‘’Policja’’ to combat crime through the new democratic political framework, where the Minister of Interior Affairs and Administration gained the administrative controls over the institution by becoming ‘’ultimately responsible for “enforcing all statutory tasks in the field of public safety and order” (Pływaczewski and Walancik, 2004, p. 93).

Other reforms occurred independently in 1995 and 1999, which restricted municipal public order forces; ‘Straz Miejska’/ ‘’Municipal guards’’ from using the official title of “police”, and added sub‐divisions within the nationalized force, therefore, widening the scope of Police work by including criminal service, prevention service, drug squads and anti‐terrorism squads.

In addition, the reforms of 1999 introduced major changes in the administrative structure of the police force as they created another level of checks on police power by requiring officers to report to both regional police chiefs and county‐level police chiefs for all police‐related matters. Therefore, each commander of the region and county become responsible for identifying and assessing problems specific to his/her jurisdictions; drug abuse, organized crime, or property crime and then allocating the appropriate resources to address each problem.

This can be seen as a policing model that echoes elements of Community Oriented Policing (COP) model found in the US and it has been argued that it was created to bring officers and community members closer together by forming a trust between police and a public. However, gaining a trust of society can be a tricky issue, especially in the country where people still remember the methods of policing used by Milicja during the Communism time, and recall or witnessed the ‘zero tolerance’ approach or ‘hard policing’ when it comes to public disorder or ‘’hooliganism’’, which is currently used by Polish Police. Therefore, there are mixed messages passed across the country; according to latest statistics published by CBOS in 2016, 65% of Polish public trusted the Police, while the remaining 27% did not. Moreover, recently Polish Media featured and questioned the Codes of Ethics of police officers who dealt with a famous case of detaining of 25 years old Igor Stachowiak from Wroclaw, who died in a police custody in May 2016.

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The Police protecting the main exit of Police Station in Wroclaw (Wyborcza.pl, 2017).

The footage appeared on one of the most popular Polish TV channels; TVN24, which prompted massive public and official reaction; public demonstrations in Wroclaw and the dismissal of officers involved in the case.

Although, the case of Igor is still controversial one in Poland, it is important to add that gaining a trust of any community can play an important role in the way the Police is being perceived by others as some scholars argue that people are more likely to obey the law when they believe in the legitimacy of police authority. Therefore, the community policing and Police reforms; ‘’the Programme of modernisation of Polish public services; Police; Customs and Boarder Services, Fire Service and Government Protection Bureau’’ have become a popular agenda in marketing materials of Polish Government or Polish Police. This can be seen as the latest mission to improve the organisation’s image and the existing model of policing by adding a new rank of NPT officer known as ‘’starszy dzielnicowy’’; using social media; Twitter; FB; National TV or by taking on more pro-active approach by helping out with the National Programme called ‘’Kreci Mnie Bezpieczenstwo’’ – ‘’ Safety first’’ funded by Polish Government, where police officers from prevention units regularly visit local schools and interact with children, young or elderly people by discussing different aspects of ‘safety’, Anti-Social Behaviour or crime.

The arguments presented above have become a part of my PhD Literature Review, however, what is more relevant is the fact, that by being a PhD researcher in Criminology I carried out in total 32 semi-structured interviews with Polish Police and Municipal Guards plus joined them on car and foot patrols between 2015 and 2016. The experience gained and my project, has provided me with a rich data with a basic message to pass on; ‘’The change is needed and welcome by police officers’’.

This can go along with the view represented by Polish Police Federation and a current Minister of Interior Affairs and Administration; Mr Mariusz Blaszczak as both sources keep pointing out that it is high time to bring a modern technology; body worn cameras; faster cars and improve officers’ conditions of work by re-opening and refurbishing police stations; adding updated system of communication or increasing officers’ salary to bring a positive change into the formation and improve the morale in general.

Finally, a recent report carried out by NIK (National Audit Office) in 2016, revealed that there is still plenty to do; increasing hours of Police training, introducing new equipment, and finally defining the role of the NPT officer itself. Yes, the list is vast and some work; testing body worn cameras; opening new police station or signing on new ammunition’s suppliers has been in the process but there are still three years left to be able to comment on the current work of Polish government and the evaluation of the reforms shall be carried out afterwards to see ‘’what works’’ or could be changed in the future. Therefore, a waiting game is on and let’s hope all actors involved will get it right as the safety of Polish public and the future of Polish Police is depending on the decisions of current government and the Chief Constable; Dr Jaroslaw Szymczyk.

Reference List:

Czapska, J., Radomska, E., and Wojcik, D. (2014), ‘’Police Legitimacy, Procedural Justice, and Cooperation with the Police: A Polish Perspective’’: Journal of Criminal Justice & Security, Vol. 16 Issue 4, p453-470. 18p.

Cebulak, W. and Pływaczewski, E. (2000), “Poland: developing nation-state”, in Barak, G. (Ed.), Crime and Crime Control: A Global View, Greenwood Press, Westport, CT, pp. 163-76.

Haberfeld, M. P., Walanick, A., & Barrtel, U. E. (2003). Community policing in Poland, final report. National Institute of Justice, (NIJ #199360). Washington, DC: U.S. Department of Justice.

Ivkovic, S. and Haberfeld, M. (2000), “Transformation from militia to police in Croatia and Poland – a comparative perspective”, Policing: An International Journal of Police Strategies

& Management, Vol. 23 No. 2, pp. 194-217.

Kancelaria Sejmu RP (2017), ‘’Dz.U. 1990 nr 30 poz. 179; Ustawa z dnia 6 kwietnia 1990 r. o Policji’’, Available from:  http://prawo.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU19900300179

KGP, (2017) ‘’USTAWA O MODERTNIZACJI POLSKIEJ POLICJI PRZYJETA’’, Available from: http://www.policja.pl/pol/aktualnosci/4432,Ustawa-o-modernizacji-Policji-przyjeta.html

Ministerswto Spraw Wewnetrznych I Administracji, (2016), ‘’Projekt ustawy o ustanowieniu „Programu modernizacji Policji, Straży Granicznej, Państwowej Straży Pożarnej i Biura Ochrony Rządu w latach 2017-2020”, Available from: https://bip.mswia.gov.pl/bip/projekty-aktow-prawnyc/2016/24051,Projekt-ustawy-o-ustanowieniu-Programu-modernizacji-Policji-Strazy-Granicznej-Pa.html

Misiuk, A. (2008) ‘’Historia Policji w Polsce. Od X Wieku do Współczesności’’, Wydawnictwa Akademickie i Profesjonalne.

NIK, (2016), ‘’NIK o pracy dzielnicowych’’, Available from: https://www.nik.gov.pl/aktualnosci/nik-o-pracy-dzielnicowych.html

NIST, (n.d.) ‘’Starszy dzielnicowy – awans dla dobra wspólnoty samorządowej’’, Available from: https://www.nist.gov.pl/serwis-obywatelsko-samorzadowy/starszy-dzielnicowy—awans-dla-dobra-wspolnoty-samorzadowej,428.html

Nowak, M, (2017) ‘’Polska Policja radzi, jak… schować się przed policjantem. Kto prowadzi im konta na Facebooku i Twitterze?’’, Available from: https://www.spidersweb.pl/2017/05/polska-policja-facebook-twitter.html

NZZPZ, (2016), ‘’Pan Mariusz Blaszczak Minister Spraw Wewnetrznych I Administracji WARSZAWA; WNIOSEK, Available from: https://bip.mswia.gov.pl/bip/projekty-aktow-prawnyc/2016/24051,Projekt-ustawy-o-ustanowieniu-Programu-modernizacji-Policji-Strazy-Granicznej-Pa.html

NSZZ, (2016), ‘’Wniosek o dodatek specjalny dla OPP i SPPP trafił na biurko Komendanta Głównego Policji’’, Available from: http://nszzp.pl/najwazniejsze-wiadomosci/wniosek-o-dodatek-specjalny-dla-opp-sppp-trafil-biurko-komendanta-glownego-policji/

Policja.pl, (n.d.), ‘’Historia’’, Available from: http://www.info.policja.pl/inf/historia

Policja.pl, (n.d.) ‘’Kampania MSWiA „Kręci mnie bezpieczeństwo”, Available from: http://www.policja.pl/pol/aktualnosci/142091,Ruszyla-kampania-MSWiA-Kreci-mnie-bezpieczenstwo.html

Policja.pl, (n.d.) ‘’Komendant Glowny Policji’’, Available from: http://www.info.policja.pl/inf/kierownictwo-i-struktu/komendanci/86241,Komendanci.html

Policja.pl, (n.d.) ‘’Zero tolerancji dla kiboli i chuliganów stadionowych’’, Available from: http://www.policja.pl/pol/aktualnosci/138687,Zero-tolerancji-dla-kiboli-i-chuliganow-stadionowych.html

Policja.pl, (2016) ‘’Wiekszosc Polakow Deklaruje zaufanie do Policji’’, Available from: http://www.policja.pl/pol/aktualnosci/122393,Wiekszosc-Polakow-deklaruje-swoje-zaufanie-do-Policji.html

Policja.pl, (n.d.) ‘’Nowe posterunki’’, Available from: http://www.policja.pl/pol/tagi/7816,nowe-posterunki.html

Pływaczewski, E. and Walancik, P. (2004), “Challenges and changes to the police system in

Poland”, in Caparini, M. and Marenin, O. (Eds), Transforming Police in Central and

Eastern Europe: Process and Progress, Transaction Publishers, London, pp. 93-114.

Summers, D. and Plywaczewski, E. (2012), ‘’The Polish context Examining issues of police reform, drug use and drug trafficking in a transitioning democracy’’: Policing: An International Journal of Police Strategies & Management, Vol. 35 Issue: 2, pp.231-252,

TVN24, (2017), ‘’Policja testuje kamery mundurowe. Docelowo mają rejestrować wszystkie interwencje (http://www.tvn24.pl)’’, Available from: https://fakty.tvn24.pl/ogladaj-online,60/policja-testuje-kamery-mundurowe-docelowo-maja-rejestrowac-wszystkie-interwencje,744485.html

TVN24, (2017), ‘’Sprawa śmierci Igora Stachowiaka. “Dążymy do tego, by policjanci byli wyposażeni w tasery” (http://www.tvn24.pl)’’, Available from: https://www.tvn24.pl/wiadomosci-z-kraju,3/igor-stachowiak-zmarl-na-komisariacie-policja-o-uzywaniu-paralizatora,741922.html

University of Huddersfield, (2017) ‘’Same page or poles apart – policing anti-social behaviour’’, Available from: http://www-old.hud.ac.uk/news/2017/january/samepageorpolesapartpolicinganti-socialbehaviour.php

 

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PG BLOG -When does secondary victimisation stop? An argument for accountability

nicola-redgraveThis contribution to the BSC postgraduate Blog is from Nicola Redgrave. Nicola is a new postgraduate student who will resuming her studies in September. Her blog piece marries together her experience assisting victims of crime within the criminal justice system as a volunteer for victim support and the focus of her Masters dissertation; victims and repeat victimisation from the processes of the criminal justice system.  Want to hear more about this topic? contact Nicola here:

n.redgrave15@gmail.com @nikki_redgrave


Police and court procedures have been consistently scrutinised over the years as to the way in which victims are treated whilst working to secure a conviction. However, it is the failures of various agencies on the release of serious offenders which I will consider and the concept of tertiary victimisation in this context, which is quite evidently under-researched within criminological discourse.
The idea of tertiary victimisation does appear to be discussed more commonly in contemporary discourse, however, this does tend to be in terms of the wider social network of the primary victim, such as in cases of homicide and acts of terrorism, the relatives of the victims’ thus becoming tertiary victims. In principle, the notion of tertiary victimisation should naturally link to the concept of secondary victimisation, given the consistent failures from various justice agencies beyond conviction and release of an offender.
Primarily, it is important to outline that within the United Nations Universal Declaration of Human Rights all human beings have a right to life, liberty and security from the state, these are basic fundamental rights. However, it could be argued that once an offender has committed a crime and particularly a crime against another human being which, as a result infringes on their human rights, would thus mean an offender would then forego their human rights to an extent. Reinforced by the Justice for all 2002 white paper whereby it states that victims’ rights should be central, although it does indicate that there should be some level of fairness towards the offender also, and this is where the complications arise in terms of ensuring the rights of both the offender and the victim are honoured without conflict.
Of course, in the UK, we are fortunate to have access to charities such as Victim Support, who are able and are renowned for assisting with a wide range of issues in the immediate aftermath of an offence being committed, right up until and during trial. This does however provoke thought as to what happens beyond this point, when the offender is released from prison.
I volunteered for Victim Support for around 12 months at the end of my undergraduate degree, and noted that the assistance offered in the immediate aftermath was not offered once an offender was released, or due to be released. In fact, it then soon became apparent that there are not currently any services offered for this point of the justice process. Once the courts and police have gotten their conviction, a victim is thus surplus.
At present, the MOJ (2015) highlights that, victims of violent or serious sexual offences will be offered the inclusion in the victim contact scheme by the Probation Service and thus be able to have some influence to the conditions imposed on the offender on release from prison, such as; preventing an offender from contacting them, any family members or entering the area in which the victim resides. This has been a requirement of the Probation Service since 1995 according to D’Enno (2007) where the victim would be contacted only if the offender was imprisoned for over 4 years, this changed in 2001 to offenders sentenced to 12 months or more.
It is highlighted in a number of publications, white papers and reports through various agencies that the reintegration and reform of an offender is imperative to prevent reoffending, thus being the primary concern for the criminal justice system at the point of the offender’s release. Although it is indicated that involvement from the victim is also important it is clear that the rights of both the victim and the offender cannot be honoured without infringing on one or the other. Obviously, reform is paramount here, particularly in terms of preventing reoffending, however it is noted by Baird (2009) that victims are not treated fairly in this sense, she emphasises that for victims of sexual assault, the effect can indeed be long lasting and victims may need support to recover, and not just in the initial aftermath as the impact of the offence could resurface in many cases, years later. It could be expected that once an offender is released in cases of sexual assault and rape that this could indeed resurface the effects the crime bore on a victim, as a result victimising them yet again.
I bore witness to this during my time at Victim Support, whereby a victim contacted the police to ascertain whether an offender had been released from prison five years into an eleven-year sentence, she was told she had “no right to be told as [the offender] had served his time”. This demonstrates the clear lack of understanding from a police officer’s position of the rights and processes in terms of victims within the justice system, thus provoking further thought to how often this is the case when it comes to the rights of a victim being infringed in order to uphold the rights of the offender.
In this case, it is evident that not only was she failed by the police, but by the Probation Service also, as their legal requirement to contact the victim prior to release was not honoured, thus the offender was left to move into a house across the road from her mother and work in an area a short walk from her home, where he continued taunt her through the offences he committed.
Emphasising that due to the lack of agencies available to offer that support for victims on release of the offender, and the rights and resettlement of the offender being central, victims are thus being subject to tertiary victimisation. But, what can be done? Clearly the rights and needs of the victims at this stage in the justice process needs to be carefully considered and awareness within various agencies needs to be reaffirmed and understood as meticulously as the rights and needs of the offender. It is all very well systems being in place in the immediate aftermath of the offence being committed, however victims are being consistently let down and marginalised once the offender has been sentenced and from then on.

References

1. Baird, V. (2009) “Sustainable Support for Rape Victims” available from: https://www.theguardian.com/commentisfree/2009/aug/12/rape-crisis-funding

2. CPS (2002) “Justice for all” Available from: https://www.cps.gov.uk/publications/docs/jfawhitepaper.pdf

3. D’Enno, D. (2007) “Brighton Crime and Vice 1800-2000” Barnsley: Wharncliffe Books

4. MOJ (2015) “Code of Practice for Victims of Crime” Available from: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/476900/code-of-practice-for-victims-of-crime.PDF

5. United Nations (ND) “Universal Declaration of Human Rights” Available from: http://www.un.org/en/documents/udhr/

6. Victim Support (ND) “Getting Help After a Crime” Available from: https://www.victimsupport.org.uk

PhD Blog – The police and domestic abuse crime: positive steps but much more to be done

larissaThis weeks PhD Blog is from Larissa Povey, final-year PhD Candidate within the Centre for Regional Economic and Social Research and Associate Lecturer in Criminal Justice at Sheffield Hallam University. Larissa’s PhD explores the impact of changes in UK criminal justice and welfare policies on the everyday lives of women at the social margins. Using a mixture of qualitative interviews, visual and ethnographic methods her study examines the lived experiences, perceptions and sense-making narratives of women who have been subject to multiple interventions from state agencies spanning both welfare and penal systems. Larissa hopes to make a contribution through using a feminist lens to explore the gendered character of social control and disciplining, texturing theoretical debates which often focus on men.

Larissa’s broad research interests lie in the areas of women and criminal justice, punishment beyond the prison, welfare policy, labour markets and social control.

PhD funding: Sheffield Hallam University Vice-Chancellor’s PhD Scholarship. This PhD is linked to the ESRC-funded “Welfare Conditionality: Sanctions, Support and Behaviour Change” project (http://www.welfareconditionality.ac.uk/).

Contact: larissa.j.povey@student.shu.ac.uk

The police and domestic abuse crime: positive steps but much more to be done

As a PhD candidate researching women’s experiences of the criminal justice system and welfare reform, I was recently invited to take part in a Domestic Abuse Crime Scrutiny Panel for a national police agency. This got me thinking about the way we deal with this type of crime in England and Wales; alongside small steps in the right direction there are contradictory developments which thwart such advances, particularly broader shifts in social policy under austerity.

Based on efforts by the Crown Prosecution Service to show transparency and engage the local community in examining police work, the earlier scrutiny panels focused on hate crime; the first, piloted in West Yorkshire in 2004 focused specifically on race hate crime. The development of domestic abuse crime scrutiny panels followed and more recently we have seen panels focusing on cases of violence against women and girls.

Efforts such as these indicate that across the criminal justice system agencies are attempting to take domestic abuse (DA) crimes and violence against women and girls more seriously. Indeed, statistics from a recent Crown Prosecution Service report (2016: 1) show that it is “prosecuting and convicting more defendants of domestic abuse, rape, sexual offences and child sexual abuse than ever before”. Importantly, there has been an 11% rise in convictions for Violence Against Women and Girls (VAWG) crimes, a trend that has been seen over the past three years. Prosecutions of this nature currently account for almost 20% of the Crown Prosecution Service’ total case load.

While new panels provide encouraging indicators that the police want to improve the way that they handle DA and VAWG crime, things are not entirely rosy. For example, the Home Office does not gather official statistics on the number of women and girls killed through domestic violence, a vast oversight. We do know the number of women killed by men in the UK because of the work of one individual Karen Ingala Smith, CEO of nia (a domestic violence charity) who began Counting Dead Women in 2012, her efforts are now supported by Women’s Aid and has developed into the Femicide Census to record all cases of ‘the murder of women because they are women’ (Women’s Aid, 2016). These efforts show a year on year increase in the number of women dying, averaging two women per week, at the hands of a partner, ex-partner or family member.

On the one hand we have the highest recorded reporting and prosecutions for DA and VAWG crimes. On the other, we have an increasing number of women dying from this type of crime. So what are some of the reasons that might be contributing to this? Since 2010, we have seen swinging cuts to services under austerity. This includes large cuts to women’s refuges resulting in the loss of 17% of specialist refuges and a third of referrals being turned away. Police guidelines outline refuges as a key intervention in the effective protection of victims, so with fewer refuges and places for vulnerable women and children it is a no brainer that this may have a detrimental effect on victims’ ability to get themselves to safety.

Though prosecutions are up, these cases reflect a small proportion of the overall number of incidences reported. And there are new ways of committing these offences as seen in the proliferation of online abuse specifically using social media as a tool for stalking, harassment and control. Policing these new mechanisms of abuse take investment and resources, there is much work to be done and things are likely to get worse as we see continued cuts to police budgets meaning fewer specialist police.

Other reforms such as changes to legal aid have been felt particularly acutely by women, who will have little recourse to free legal aid. According to this report such changes “raise disturbing questions about the state’s failure to protect women, especially those at risk of – and those who have already experienced – domestic violence” (Mayo and Koessl, 2015: 9).

There are deeper, enduring structural inequalities which place women in a position of less power in relation to men, this legacy can be seen in the persistence of devaluing of social reproductive work, the gender pay gap, gendered labour, maternity leave policy to name just a few. It is this power imbalance that creates a breeding ground for domestic abuse which is about power and control. These inequalities will be made worse by ongoing reforms to both in-work and out-of-work benefits. Upcoming reforms are likely to worsen the financial situation of vulnerable women, particularly lone parents. These factors explain some of the reasons behind the statistics and we may see further increases in DA and VAWG crimes and dead women.

PhD Blog – Considerations on recent legislation to combat ticket touting.

alessandroThis week’s PhD blog is by Alessandro Moretti, a final-year Criminology PhD student at Greenwich University. The subject of Alessandro’s thesis is black market ticket touting. He conducted ethnographic research to gain new knowledge in the strategies adopted by touts with the aim of contributing to the current debate on whether the practice should be regulated. This blog questions the extent to which recent legislation on the much-discussed practice of ticket touting offers effective consumer protection, particularly against fraud.

Alessandro offers some of his findings in this blog, through which he argues that attempts to protect the consumer have ultimately been futile. Alessandro’s independent, ethnographic research has thus far consisted of: 100 hours of observational fieldwork on touts outside venues; monitoring and participating in the secondary online market; and in-depth interviews with 25 sellers during a two-year period.

Contact Alessandro Moretti a.moretti@greenwich.ac.uk or Twitter @Moretti131

Protecting the consumer from what?

Ticket touting is understood to mean the buying and reselling of tickets for a profit.

Traditionally an activity for the “sheepskin-coat-wearing” characters loitering outside venues (Collinson, 2015), the black market of tickets has in the last decade expanded considerably into the world wide web (Jones, 2015). Most notably, this has been facilitated by “the big four” resale platforms Get Me In!, Stubhub, Viagogo and Seatwave (APPG, 2014).

The key word here is expanded, as in no way whatsoever have street touts ceased to operate. A large number of transactions also continue to occur on websites like Gumtree, or through social media. And yet, the first ticketing legislation to target the practice since 1994 (1) covers the big four and little else.

The obvious question is: what do consumers need protection from?

Professor Waterson’s recent review of the Consumer Rights Act 2015 (“CRA”) found that the most sensitive issue relates to the “(high) prices” of ticket resale (2016: 182). In the same review it was also asserted that: “…the consumer…above all else does not want to be a victim of fraud” (2016: 170).

High prices

The CRA was arguably introduced to increase transparency on online secondary ticketing facilities. The focus on requiring seat numbers to be published on resale listings, however, left questions around ticket prices unanswered.

A price cap has been strongly vouched for by Sharon Hodgson MP since 2010 (2), but, consistently with the government’s reluctance to interfere with free-market entrepreneurialism – an entrenched position held since the criminalisation of ticket touting beyond football was rejected in the 1990s (3) – the Bill was never ratified.

The Waterson review, published in May 2016, has once again advised against a price cap, this time on the grounds that it would be unlikely to be enforced, or that resellers may move abroad to get around such a law.

Given that not even the most basic requirement of publishing seat numbers has been enforced (Davies and Jones, 2016), can this be considered an acceptable rationale? And aren’t illegal resellers of football tickets already based abroad (such as Spanish platform Ticketbis, amongst others) to evade UK law?

The central element of the debate – the cost of tickets on the secondary market (4) – has, once again, been completely sidestepped.

Fraud

With regards to fraud, my research has led me to the following conclusion:

• Fraud does not occur in the places targeted by the legislation

The arrival of the internet has spawned countless opportunities for touts and others to exploit (CMSC, 2008). In the same way that traditional street touts expanded their repertoire into online resale, fraudsters who sell fake tickets on the streets are now able to exploit the “buzz” of a sell-out event online, too.

Bogus companies” created by “fly-by-night opportunists” (Sugden, 2002: 26) imitate the big four in both appearance and function. The difference is that the tickets on offer are either counterfeit or do not exist (see Christie, 2015 and Hopkins, 2016 on companies “Circle-Tickets” and “Getsporting”, amongst others).

This, in my view, is where online ticket fraud, estimated at £5.2m for the year ending October 2015 (Peachey, 2016), is primarily occurring – not on the big four. In addition, fraudsters still imitate touts on the streets. It is happening on Gumtree, Craigslist and Twitter, meaning the cost of ticket fraud is in fact much higher. Sadly, the CRA seems ineffective in all such instances of fraud.

Concluding thoughts

Whilst most critics insist that more should be done against online touts (Savage, 2016; Chapple, 2016; Jones, 2016), the problem, in my view, is that focusing primarily on the big four has neglected the true, historical nature of ticket touting, the link that exists between the internet and the street, and the opportunistic crimes that can spawn from it.

My research aims to show that, despite intensified calls on the government to protect consumers, recent legislation has been misdirected. It is not just a problem of enforcement; the legislation has targeted the wrong area, namely the “legitimate” online secondary market, and has ultimately left consumer protection as a mere afterthought, despite it being heralded as the CRA’s primary focus.

Footnotes
1. Criminal Justice and Public Order Act 1994. Legislation was introduced for the 2012 Olympics and Paralympics but these were, of course, temporary measures for one-off events
2. Sale of Tickets (Sporting and Cultural Events) Bill
http://www.publications.parliament.uk/pa/cm201011/cmbills/013/11013.i-i.html
3. This statement from the parliamentary debate in April 1994 illustrates the point well: “At Wimbledon there are not two sides who will have a punch-up if someone’s favourite loses the match. There is no such problem at pop concerts, or at the Derby and other horse races. Although I am against touts making a profit out of those events, at least one can say that the market economy can prevail there” (emphasis added).
4. Additionally, a direct consequence of the high cost of tickets is that pockets of society are being priced out from attending events. A ticket tout, by targeting the more affordable tickets and reselling them at a premium, “undermines the whole point of subsidy” and “denies access to those who the tickets are aimed at” (Bennett, 2014).

References

All Party Parliamentary Group on Ticket Abuse (2014) Secondary Market Investigation: Putting Fans First. London: House of Commons Library.

Bennett, A. (2014) Royal Opera House warns culture secretary Sajid Javid over ticket tout support. Huffington Post 10 April 2014. Available from http://www.huffingtonpost.co.uk/2014/04/10/sajid-javid-ticket-touts-naive_n_5124008.html. Accessed 4 June 2016

Chapple, J. (2016) UK industry reacts to Waterson report. IQ Live Music Intelligence 1 June 2016. Available from http://www.iq-mag.net/2016/06/uk-industry-reacts-michael-waterson-secondary-ticketing-report/#.V1MGQMdllEJ. Accessed 4 June 2016

Collinson, P. (2015) Ticket prices will go in one direction due to government U-turn. The Guardian 31 August 2015. Available from: http://www.theguardian.com/money/blog/2015/aug/31/ticket-prices-one-direction-thanks-government-u-turn. Accessed 4 June 2016

Consumer Rights Act 2015, c.5. Available at http://www.legislation.gov.uk/ukpga/2015/15/part/3/chapter/5/enacted. Accessed 4 June 2016

Culture, Media and Sport Committee (2008) Ticket touting, Second Report of Session 2007-08. London: The Stationery Office Limited

Christie, S. (2015) Police fraud agency warns of surge in ticket fraud at start of festival season. The Telegraph 25 June 2015. Available from: http://www.telegraph.co.uk/finance/personalfinance/money-saving-tips/11696458/Police-warn-of-surge-in-ticket-fraud-at-start-of-festival-season.html. Accessed 4 June 2016

Davies, R. and Jones, R. (2016) How the touts get away with bleeding fans dry. The Guardian 15 May 2016, Available from: http://www.theguardian.com/money/2016/may/15/shady-world-of-the-ticket-touts. Accessed 4 June 2016

Hopkins, J. Rugby World cup spurs big rise in online ticket fraud: cost of fake tickets soars 55% to £5.2m. This is Money 21 March 2016. Available from: http://www.thisismoney.co.uk/money/news/article-3501482/Rugby-World-Cup-spurs-big-rise-online-ticket-fraud-Cost-fake-tickets-soars-55-5-2m.html. Accessed 4 June 2016

Jones, R. (2015) Are ticket resale sites just hi-tech touts without the sheepskin coats? The Guardian 28 February 2016. Available from: http://www.theguardian.com/money/2015/feb/28/ticket-resale-sites-hi-tech-touts. Accessed 4 June 2016

Jones, R. (2016) Ticket touts face licencing threat. The Guardian 26 May 2016. Available from http://www.theguardian.com/money/2016/may/26/ticket-touts-review-licensing-enforcement. Accessed 4 June 2016

Lord Ashton (1994) HC Deb, cc 348-57, 13 April 1994. Available from: http://hansard.millbanksystems.com/commons/1994/apr/13/sale-of-tickets-for-designated-football. Accessed 4 June 2016

Peachey, K. (2016) Football and rugby hit by ticket fraud. BBC News 21 March 2016. Available from: http://www.bbc.co.uk/news/business-35862010. Accessed 4 June 2016

Savage, M. (2016) Ticket sites ‘must do more to fight touts’. BBC News 26 May 2016. Available from: http://www.bbc.co.uk/news/entertainment-arts-36382463. Accessed 4 June 2016

Sugden, J. (2002) Scum airways: Inside football’s underground economy. London: Mainstream.

Waterson, M. (2016) Independent review of consumer protection measures concerning online secondary ticketing facilities. Available from: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525885/ind-16-7-independent-review-online-secondary-ticketing-facilities.pdf. Accessed 4 June 2016

#BSCConf16 Poster Round-up UPDATED

Here is a selection of the posters presented at the conference today. Well done to Sian Lewis, PhD student at Loughborough University who is researching sexual harrasment on the London transport network. Her fabulous poster won the postgraduate poster prize. Many congratulations Sian!


@sianlewis89


H.williamson2@brighton.ac.uk

 20160707_141110-01(1)

 
@MatczakAnia

Damian.terrill@coventry.ac.uk

K1250368@kingston.ac.uk

@Jessicae13Eaton

@HippoMoom

@jamie_ferrill

@RealJoePayne

@northern_wonder

@charrrr_xx


@NicolaAHarding
Pictures courtesy of Charlene Crossley @Charrrr_xx

Don’t see yours? Tweet me @NicolaAHarding or Email Nicola.harding@stu.mmu.ac.uk and I will update the post, we would love to see them!

PhD Blog – Vulnerability in Police Custody: Implementing the Appropriate Adult Safeguard

This weeks contribution to the PhD blog is from Roxanna Dehaghani.

photo rox

Roxanna is a third year PhD candidate and Graduate Teaching Assistant at Leicester Law School, University of Leicester. She is also currently  a Visiting Scholar at the School of Law, Queen’s University Belfast. Roxanna’s research, funded by the University of Leicester, focuses on the implementation of the appropriate adult safeguard in police custody, namely how an adult suspect comes to be recognised as vulnerable. This includes an examination of how custody officers define and identify vulnerability. Roxanna’s research has involved qualitative research methods, namely non-participant observation in custody and semi-structured interviews with custody officers.

The following blog post gives a brief overview of one of the elements of Roxanna’s doctoral work. If you would like to contact her you can email her roxanna.dehaghani@le.ac.uk or tweet her @roxanna_law.

Vulnerability in Police Custody: Implementing the Appropriate Adult Safeguard

 Vulnerable suspects – that is those who are under 18, or above 18 and with a ‘mental disorder’ or ‘mental vulnerability’ – should be provided with an appropriate adult when in police custody (see Code C to the Police and Criminal Evidence Act 1984 (PACE)). See also Codes D and H). The appropriate adult safeguard is required to facilitate communication, support, assist and advise the suspect and ensure that the police are acting fairly (Code C 2014, para 11.17. See also Home Office Guide for Appropriate Adults 2011). In short, it is designed to protect the vulnerable suspect from providing false or misleading information – information that could lead to false conviction. However, as previous research has established, there are issues with its implementation in practice (Bean and Nemitz 1995; Bradley 2009; Brown, Ellis, and Larcombe 1992; Bucke and Brown 1997; Gudjonsson et al 1993; Irving and McKenzie, 1989; Medford, Gudjonsson and Pearse 2000; National Appropriate Adult Network 2015; Palmer and Hart 1996; Phillips and Brown 1998. See also Bradley 2009; Cummins 2007; McKinnon and Grubin 2010). In 2003, a study indicated that 600 vulnerable adults brought into custody within a month were not provided with an appropriate adult (Medford, Gudjonsson and Pearse 2003: 253). In relation to those with mental illness, an analysis of custody records in the East Midlands illustrated that an appropriate adult was only used in 38 instances (0.016%) rather than the estimated 14% (Bradley 2009: 43). The recent National Appropriate Adult Network report (2015: Paper A: 4) suggested that the issue is manifold – identification rates are low because of:

A lack of effective and systematic screening, a lack of training for the police, …no visual or behaviour clues…, the influence of alcohol or drugs complicating the assessment, a disregard of self-reporting, the failure to use historical information… to identify learning disabilities, [suspect reluctance to disclose], [the use of standardised questions].

Previous studies have, therefore, established that there are impediments to the identification of vulnerability and the implementation of the appropriate adult safeguard. On the whole they suggested that the issues lay with identification practices. Of course, failure to identify vulnerability or implement the appropriate adult safeguard may not necessarily lead to erroneous conviction – section 76 of PACE requires that the court exclude confessions which could be considered unreliable, and section 78 of PACE permits that the court exclude evidence where the fairness of the proceedings demand it. Early identification of vulnerability can, however, ensure that justice is delivered (or at least not delayed), thus protecting the integrity of the individual and the process. Considering that many cases fail to reach the courts due to the propensity with the English criminal justice system for plea-bargaining (see Criminal Justice Act (CJA 2003) 2003, s 144 (1)) and out-of-court disposals (CJA 2003 s 23) non-implementation has the potential for being costly as the failure to safeguard will remain undetected.

Identification is not the only factor in the implementation of the safeguard. For example, as Bean and Nemitz indicated, the issue lies not necessarily with how vulnerability is identified; rather it arises as a result of how custody officers make sense of the information provided to them (1995). The identification of vulnerability is subject to the custody officer’s construction of vulnerability (see Dehaghani, forthcoming). This construction may not necessarily marry with the Code C definition – it certainly did not align with my own interpretation of vulnerability. It is through unpacking and exploring how vulnerability is defined, in addition to how vulnerability is identified and why certain decisions are made, that we can arrive at a better understanding of the implementation of the appropriate adult safeguard in police custody.

References

Bean, P., and Nemitz, T. (1995), Out of depth and out of sight. Loughborough: University of Loughborough.

Bradley, K.J.C (2009), Review of People with Mental Health Problems or Learning Disabilities in the Criminal Justice System. London: Department of Health.

Brown, D., Ellis, T., and Larcombe, K. (1992), Changing the Code: Police Detention Under the Revised PACE codes of Practice (Home Office Research Study No 129). London: Home Office.

Bucke, T., and Brown, D. (1997), In Police Custody: Police Powers and Suspects’ Rights under the Revised PACE codes of practice (Home Office Research Study No 174). London: Home Office.

Cummins, I. (2007), ‘A Path Not Taken? Mentally Disordered Offenders and the Criminal Justice System’ Journal of Social Welfare and Family Law, 28 (3-4), 267-281.

Dehaghani, R. (forthcoming), ‘He’s just not that vulnerable: Exploring the Implementation of the Appropriate Adult Safeguard in Police Custody’ Howard Journal of Crime and Justice.

Gudjonsson, G., Clare, I., Rutter, S. and Pearse, J. (1993), Persons at Risk During Interviews in Police Custody: The Identification of Vulnerabilities (Royal Commission on Criminal Procedure Research Study No 12). London: Home Office.

Home Office (2014), Revised Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers. Police and Criminal Evidence Act (PACE) 1984, Code C. London: Crown.

Home Office (2014), Revised code of practice in connection with detention, treatment and questioning by police officers under the Terrorism Act 2000. Police and Criminal Evidence Act (PACE) 1984. Code H. London: Crown.

Home Office (2010), Code of Practice for the Identification of Persons by Police Officers. Police and Criminal Evidence Act (PACE) 1984. Code D. London: Crown.

Irving, B., and Mckenzie, I. (1989), Police Interrogation: The Effects of the Police and Criminal Evidence Act 1984. London: Police Foundation.

Medford, S., Gudjonsson, G.H. and Pearse, J. (2003), ‘The efficacy of the appropriate adult safeguard during police interviewing’ Legal and Criminological Psychology, 8(2), 253-266.

McKinnon, I. and Grubin, D. (2010) ‘Health screening in police custody’ Journal of Forensic and Legal Medicine 17, 209–212.

National Appropriate Adult Network (2015), There to help: Ensuring provision of appropriate adults for mentally vulnerable adults detained or interviewed by police. National Appropriate Adult Network.

Palmer, C. and Hart, M. (1996), A PACE in the right direction?: The effectiveness of safeguards in the Police and Criminal Evidence Act 1984 for mentally disordered and mentally handicapped suspects – A South Yorkshire Study. Sheffield: University of Sheffield.

Phillips, C. and Brown, D. (1998), Entry into the Criminal Justice System: A Survey of Police Arrests and their Outcomes (Home Office Research Study No 185). London: Home Office.

Legislation

Police and Criminal Evidence Act 1984

Criminal Justice Act 2003

BSC Talking Points: Gareth Stubbs – Representation in Policing

Each month the BSC postgraduate community hold a talking points session on Facebook. Here we or a guest contributor pick a topic to discuss live on-line, in our facebook group,  for an hour.

This months BSC TALKING POINT is brought to us by serving police officer Gaz Stubbs, he asks what does representation mean in policing. He also runs the blog the Thinking Blue Line and you can find him on twitter at @DedicatedPeeler.

This months session is today  (Monday 6 June)  at 8-9pm on our facebook group ‪#‎GetInvolved‬ #SeeYouThere

 

Picture credit: Lego homage to Banksy’s Kissing Coppers. Photo: Jeff Friesen/Rex Features. http://metro.co.uk/2014/05/30/man-makes-lego-tribute-to-banksy-4745420/bricksy-a-lego-homage-to-the-work-of-banksy-may-2014-18/