Aaaah Bless!

Today’s blog is an actual representation of just how petty and narrow minded our uPSD are. It involves a colleague who for a reason only known to himself makes four anonymous telephone calls over a two day period to a female acquaintance enquiring if she wanted to have an affair. A second whammy in this incident is that he used his police telephone to make all four calls. Once challenged he fully admits his role in the matter. His head was in a bad place and he was completely stressed out from long hours at work and pressures of supervision because he was of rank.

Without his admissions then I doubt that there would be any case against him and certainly if there was, his admissions cut short the investigation by the local divisional police by weeks if not months. Also negated the requirement for potentially expensive telephone enquiries being done undere the RIPA legislation. So, over to the uPSD who were informed that a cop had acted like a prat. How disappointed they were when they told me that our colleague was not going to be prosecuted for his misdemeanour following an adjudication by the CPS who had looked at the evidence in the case to arrive at their decision. The next step, surely, is to give him a final written warning and have him resume his very responsible role as a competent and well respected police officer of rank.

That would be too simple for our jaundiced uPSD. Our heroic uPSD prosecutor investigator, following representation by me, believed our colleague to be a serial sexual predator!!!!! What? That’s right, in my force four anonymous telephone calls to a female asking for an affair makes you a serial sexual predator. The uPSD must be right because the uPSD said she was an Inspector and knew best. I nearly fell off my chair. As a detective I think I am qualified to comment on what attributes a serial sexual offender possesses and it certainly isn’t someone who acts totally out of character for 2 days in his life. After all, judging by some of the other carryings on by the senior ranks they must be major perverts!

The sad part of this case is that 19 months later…….yes you read it right…….19 months later our colleague, facing an uncertain future, realising the bias against him and pre-conceived notions about him as a person, got a job earning £3000 a year less than he was on for his rank but provided with a company car, permanent weekdays, no shifts and certainly no weekends and so resigned his post in my force. A sad loss of a very good ranking police officer with the respect of his colleagues and the skills and abilities to get the job done efficiently and competently. He signed his resignation in the presence of a senior officer on his division and asked me to deliver it to our uPSD Inspector.

As Defined by uPSD

I have to report that the uPSD Inspector refused to take the resignation form from me because it had not been signed in her presence. She was gutted by the outcome believing that I had somehow been complicit in preventing her from complete gratification and exposure of a sexual deviant.  She further lambasted me for allowing our colleague to resign before she could get him to a misconduct tribunal (by the way the matter was progressing probably in the next 6 to 12 months) and stated that she was disgusted with me, “After all you are a policeman first.”

“No Ma’am. I’m a Detective………”

Result of incivility report in due course!

Watch Your Backs

Stabbed in the Back?

A sinister small claims court case will take place in the next few weeks which will impact on any Special Police Officer who finds themselves defending a criminal allegation against them. Until very recently all Special Constables subject of a criminal allegation have been represented under a Home Office directive by Reynolds Dawson Solicitors in London. This being funded and paid for by the local police authority and would involve travel from the home force to London as regularly as the defending solicitor required. As we all know it is the easiest thing in the world to end up being subject of a complaint and, as the economy worsens and more demonstrations are expected, the opportunity for complaints to become full blown criminal enquiries massively increases. To our colleagues, such as Special Dibble, who come and police for no pay, watch your backs.

The case in question involves a special constable who was charged with assault alongside regular officers. It does not matter whether none, any or all of them were guilty because the defending action of the force does not separate them. It is simply this (paraphrased in my own words):

If a Special Constable is subject of criminal proceedings as a result of an action brought against them for an on duty incident then all actions subsequent to that, undertaken in their defence, will be considered off duty. The consequence of this is significant in that attendance at defence solicitors and defence barristers will occur off duty and therefore will not allow the Special Police Officer to claim loss of earnings or any other expenses. In addition, the Special Officer will also be considered to be off duty for appearance at court and unlike the regular officers, will also not be able to claim expenses or loss of earnings.

In the small claims scenario, in accordance with Regulation 10 of the Police (Conduct) Regulations 2008, the full time officers were paid whilst suspended which included the days they were at court and their visits to solicitors local to them. The Special Constable was not paid by his employer for his loss of earnings whilst travelling to London to see his solicitors engaged by them on his behalf. The full time officers were also allowed to claim travel expenses to every court appearance they were required to attend including the 5 week trial during which they received full pay under suspension. The Special Police Officer was refused his claim for travel expenses and loss of earnings arising from the same incident. There is no guarantee that the claim to have the loss of earnings will be successful in the small claims court as the relevant force is strongly defending the claim.

The sinister aspect of this is that the relevant force during a significant recruitment drive for Special Constables want to keep this quiet because they don’t want Specials to know that they face this potential financial time-bomb just because they turn up for unpaid work and an allegation is made about their conduct. Could you afford 5 weeks of no pay simply to defend your actions as a Special Police Officer with no hope of ever recovering that loss of earnings?

Is this a breach of Article 6 of the Human Rights Act as the choice you face as a Special is whether to incur additional costs over and above what regular officers face or do you refuse to attend your legal appointments and thereby lose the ability to fight the trial on a fair basis? Is it right that, as a Special Police Officer, you are obliged to obtain legal advice about your on duty incident in your own time and at your own expense? As a regular officer I find it an incomprehensible anomaly that regular officers receive full pay and allowances but Special Officers don’t for the same set of circumstances, the same incident and the same court case.

If you are a Special then you need to establish your own force’s policy. You need to establish whether the force you devote your spare time to serving is one of the forces who will put you at significant financial risk just for trying to defend your on duty actions. If you don’t then I wish you well in your endeavours and I hope your insurance policies cover your earnings shortfall should the worst happen to you and you face a criminal trial into your behaviour.

YOU HAVE BEEN WARNED!

 

The Right of Reply

Normally I just approve comments and let them sit on the post they have been appended to but on this occasion I have decided to give special mention to this comment quoted which is also a comment on the Panorama blog. So here it is:

“Lightfoot got what he deserved, violent knobheads like him only work as a Specials so they get their fix of violence. Regardless of Mark Aspinall’s behaviour, he still needed to be dealt with in a professional manner. The distraction punches aside, the rubbing of his face into the road was unacceptable. Lightfoot clearly knew what he was doing as he was looking around to see if anyone was watching him. We Police have a demanding job to do as it is, without nasty no marks like Lightfoot making us all look bad.”

I always enjoy debating with intellects, in particular those who choose to use such professional comments such as “knobheads” (I actually think that there is a hyphen between the word knob and head to be exactly grammatically correct but I will bow to the evident Master Exponent of English). The interest to me about this comment is the fact that from a brief and uninformed position, a police officer (possibly) decides guilt and innocence on the basis of an interpretation by the television and the fact that there was a special involved.

Another Uncivil Police Officer

In answer to his extremely well constructed argument I hereby respond. I will write slowly for you Andy so you can actually take it in. Just let me know if any of the bigger words require the provision of a definition. By the way, to actually send me a message containing unprofessional language from a police computer which captures not only the IP but your email address (including the force you serve with) is, well, pretty stupid. You have no idea of who I am or my motives. A word of advice, look after your career!!!

Comment

Without wishing to delve into the details of the drunken and abusive squaddie, I would just put forward a simple comment to potentially defeat your argument. To get to the point of the appeal by Aspinall, the following must have occured. The cctv was watched by:

  1. The Control Room Operator
  2. The Control Room Inspector
  3. The Evidence Review Officer
  4. The Reviewing CPS Official at Police station for charge
  5. The Reviewing CPS Official at relevant office for assessment of evidence
  6. The Prosecuting CPS Official at Magistrates
  7. Three Magistrates convicting Aspinall
  8. The Appeal CPS Official
  9. The Appeal Barrister
  10. The Defence Solicitor at Magistrates
  11. The defence Barrister at the Appeal

Big Brother. Only when you are a cop

I make that 13 people who did not have an issue with the cctv until the Judge at the Appeal decided that there was something untoward. At that point the enquiry started. Even then, from information supplied to me, the Judge had to take the images into his chambers because he could not see what actually went on on the screen in the court room. If you actually watched the cctv in its entireity expecting to see something untoward then you would be disappointed. It simply does not look as it is portrayed by the media using effects they have at their disposal. Blink and you miss it. Hence, Sky news and others concentrate on the perfectly legitimate distraction blows as if they are the offence.

All I can say, Andy, is that you have won the prize for short sightedness in the field of operational duty. Makes me think you are the ideal calibre for the uPSD. Thick and unjustifiably opinionated