Define police discretion
The authority that police officers have to use their own judgement to decide the best lawful course of action to take.
What are the sources of police discretion?
Common law - doctrine of original authority
Statute law - certain powers state that police officers “may” exercise the power in question, giving them discretion about whether or not to
What is the purpose of police discretion?
- so that the spirit, rather than the letter, of the law is enforced. This is important because lawmakers cannot conceive of every possible situation when drafting laws.
- zero tolerance policing has a range of negative effects:
- clogs up the courts
- significant consumption of police time and resources
- significant reduction in public perception of police legitimacy, willingness to cooperate with police
What are the rules for applying police discretion appropriately?
- appropriate given the type and seriousness of the offence
- rational and objective - i.e. based facts and reasons, not emotion or prejudice
- consistency in application
- applied in good faith - i.e. fairly and not in return for any benefit to you
What is the SELF test?
Scutiny - would you decision withstand the scrutiny of the community and police force
Ethical - is your decision standard with the NSWPF ethical framework
Lawful - decision comply with all laws and policies?
Fair - is it fair to your colleagues, the community
What are the four central principles of procedural justice?
- Voice - providing people with an opportunity to communicate as part of their interactions with the police
- Neutrality - that police decisions are based on facts, not individual beliefs or prejudices
- Respect - people are treated with dignity, respect and politeness
- Trustworthiness - people interacting with police feel that police are genuinely concerned for their well-being and trying to do the best by them
