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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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