Tag Archives: Judges

Noble Cause Corruption

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Glad to be back. Duty called and I had to respond.

Unfortunately it does not amaze me when I read the story of Hillsborough and the blatant attempts by a Police Force and the Senior management to change statements and evidence to alter where the true blame lies. They take out evidence which criticises their own force and then pass off the resulting statement as the truth. I do not know what the full story of Hillsborough is. I was influenced to an extent at the time by certain rags or newspapers which apportioned blame where it should not have done. I was also suspicious of the inquest verdict based on the, now, flawed evidence obviously put before it but in essence I had a little doubt. Not of those who died but of others present at the scene and I now admit that it is to my shame that I know I was wrong.

Why do so many of you who email me not believe that any corruption which may exist in the police in this country only does so in the higher echelons of the service at the most senior ranks? Yet it is the rank and file officer who faces the brunt of the public attack and anxiety. From my extensive experience, the cops on the front line, do so for a reason. They do so to make things better. They make mistakes and often those mistakes lead to sackings and even loss of liberty but I can assure you that they do not go on duty with the intention of finishing it with a potential criminal conviction and loss of livelihood.

Some senior officers, however, adopt a wild west attitude to their domain. They are judge, jury and hangman in their decision making process and they are inconsistent and even corrupt in their application of the regulations that they should adhere to. They pull the wool over the eyes of the general public who do not believe they can be wrong or corrupt or choose not to consider the possibility. This has been going on for years and years yet we hear the complaints and ignore them. Perhaps the issue stems from the inability of the IPCC to accept complaints from serving officers due to the Police Reform Act. Instead they refer the complaint back to the same officers from the same force that the complaint is being made about leaving people like me with nowhere else to go except blogging about it.

There has to be a change. If we have to have an IPCC then that organisation should be compelled to treat allegations from serving officers about a police force with the same gusto that they treat a complaint from the public. I know of many officers who have been shafted from a great height. They would welcome the opportunity to provide evidence of the shortcomings in their own matters and I know they will be watching to see if the subsequent treatment of the senior ranks mirrors their own experiences. Don’t say that you have not been told.

Criminal Case Review

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John is a male victim of domestic violence. He was mentioned on this blog back in June 2011 to attempt to highlight the issues faced by officers who may be the subject of violence against them. John is still fighting to get justice and is awaiting his latest submission to the Criminal Case Review Commission (CCRC) to see whether they will agree that the case should go back to the appeal court.

www.abusedtotheaccused.co.uk

I now know John through a friend of a friend. He has decided to try and publicise his plight through the medium of the internet and has built a new website called www.abusedtotheaccused.co.uk. In time he will populate it with updates not only about the criminal court process but also about the consequences of the conviction namely his loss of house, his loss of job and the lack of access to his children. His case is a tragedy. Not only was he abused by his wife but he was prosecuted rather than investigated. Had he been investigated then evidence would have been presented to the court which would have shown him to be a victim trying to defend himself rather than an aggressor. That evidence has now been made available to the CCRC.

I know how much effort has been put into his appeal by John and a former Federation Representative and I wish him luck in his venture. It just goes to show just how precarious your position as a police officer is. John relied upon a number of factors which he thought would protect him should an unwarranted and malicious allegation be made against him. How wrong he was…….. but that is his story to tell!

Police? Could You……..?

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Could you live for a day with no pay? How about a week or perhaps a month? What impact would it have upon your life, on your family, on your well being or on your sanity to have absolutely no income for any length of time because of something you did in performing a police duty? What’s the likelihood of being subject of a criminal investigation and facing a lengthy court hearing. Very, very easy, as it happens. Don’t think any of those hypocrites wearing highly polished buttons and insignia will care. Of course, if you are a regular police officer then you have no worries on this account. This is because you are entitled to pay when you work and also under Regulation 10 of the Police (Conduct) Regulations 2008 you are entitled to pay when you are suspended. However, if you are a Special Constable then you are not similarly protected.

Shame!

This issue has come to the fore following a recent small claims court matter in Greater Manchester where a Special Constable was REFUSED expenses namely subsistence and loss of earnings whilst defending himself at court. It did not matter that he was with two regular officers who were paid their salary and received their allowances for the same period and performing the same duties. Furthermore, don’t think this is an issue involving guilt or innocence. Quite simply, if you are a Special Police Officer then you face a significant financial jeopardy every time you pull on a police uniform. The stupidity of the decision is that if a regular Officer, Special, PCSO, Detention Officer and Civilian Staff member all attended an incident together, everyone would be paid during the investigation and court case EXCEPT the Special! Don’t believe me then ask your Chief Officer of Specials to get in touch with his namesake at GMP!!

It has caused so much angst and anxiety amongst Specials in Greater Manchester that they have been holding meetings in the previous week as they recognise the precarious nature of their duties. The scenario they now face, as do potentially all Specials in this country, is that should they be subject to a complaint of a criminal nature then they would have to defend themselves in their own time or rely upon a benevolent employer to foot the bill in respect of salary or earnings for the Special, entirely due to the fact that the job won’t pay you. So concerned are many that they are considering resigning because of the disadvantage it presents to them when facing ever increasing calls on their time. It is likely that the cost of solicitors and barristers would still be met by the local police authority but attendance at interviews, solicitor and barrister appointments and any attendance at court would not attract any loss of earnings placing the Special at a serious and significant detriment and certainly at odds to the payment of salary to their regular colleagues.

Significantly disadvantaged and in real financial jeopardy

The jeopardy is apparent for Specials, put on your police uniform and you may lose your access to your livelihood for performing exactly the same duties as your regular colleagues. It is up to you whether you believe this or not. Just make sure that you don’t do anything that could possibly mean you end up defending yourself through the criminal or misconduct process because you WON’T be paid loss of earnings whilst everyone else will. At least, if it happens to you, you cannot say you weren’t warned. Special Constables work for nothing and have no representative body to address these potentially life changing financial imbalances as they are not members of the Police Federation. As a Special Constable said to me, “Any Special who goes out performing any duty in this country in uniform thinking he will be protected by the job in the event of an allegation being made must be crazy.”

Be Careful who you Befriend!

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Noble Cause Corruption is an honourable person. I am concerned for the well-being of officers facing danger and criminality at every turn with ever decreasing resources, lack of numbers and lack of equipment. However, for me, it is the lack of support from senior officers which is my main motive for reporting through the blogging medium. At the same time I expect to receive support from my National Federation who I have faith in to get the best deal possible in these austere times. How then has this happened? In a follow up to the debacle that was the overturning of the wholesale theft of money from Police Pensioners injured in the line of duty you may find it sickening to know that Mr. Gilbert, author of the (now unlawful) guidance is retired from the civil service and is engaged as a ‘pensions consultant’ by the Police Federation. This has come to me through a third party who has interest in the overruling of the Police Pensions Theft. Serving officers might like to know that the Federation is taking care to employ such high-quality professionals. Injury pensioners have over the last few years received some supportive publicity in some places to great effect. Nothing works more effectively against public bodies than sheer embarrassment and ridicule. I wonder what value a defector can bring to the table?

A19 Ruling

In Smooth Waters

In a second pensioner issue, Greater Manchester Police Authority have unanimously decided to rule that A19 should not be used in Manchester to reduce those officers who have already qualified for a police pension. The ruling means that those officers still in service who have significant skills and abilities can remain in post without a loss of those skills in one fell swoop. It would have been interesting to see whether the A19 ruling was applied arbitrarily across the board as the the Chief Constable of this force has more than 30 years service and therefore could be for the chop. The strong money was on the odds which favoured that only the lower ranks would be dispensed with because Captain Constable Fahy has his own special employment arrangements with the Police Authority. After all, with a competent captain at the helm in calm waters, a ship would never run aground, would it, and neither would Greater Manchester Costa Concordia………….. ooops, sorry, I meant Greater Manchester Police.

Get Shafted and Carry On

Just to let everyone know who has emailed in for these T-Shirts, I have forwarded the emails to the relevant party who should be in touch very soon. Wear them with pride!

Police Injury Pension Victory

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I make no bones about reproducing the below legal report of the victory of former Inspector Edward Crudace over the shambolic attempt to reduce his injury pension simply because he had reached 65 years of age. Additionally I have no qualms about publicising the PIPIN website (which stands for Police Injury Pension Network) The offending circular is HO Circular 46/2004:

The court case concerns former Inspector Edward Crudace, who served with the Northumbria police. Mr Crudace, now aged 67, was seriously injured whilst arresting a prisoner and was forced to retire as a police officer. His injuries meant he could not work and he was awarded a substantial police injury pension. However, when he reached the age of 65 his pension was slashed by Northumbria Police, relying on Home Office guidance, leaving Mr Crudace with a vastly reduced income.

Last month the High Court in Leeds heard Mr David Lock, QC, of No5 Chambers, on behalf of Mr Crudace, condemn the Home Office guidance as unlawful because it led to police injury pensions routinely being reduced to the lowest level when former officers reached the age of 65. 

The Judge, HHJ Behrens, has now released a judgement upholding these criticisms and quashing the decision of the Northumbria police to reduce Mr Crudace’s pension. The Judge decided the Home Office guidance was unlawful because it was inconsistent with the statutory scheme under which the pensions were paid. In another part of the judgement which will cause concern to other Police Authorities, His Honour Judge Behrens confirmed that former police officers who have had their pensions reduced in this way are entitled apply to the Police Authority for the decisions to be reversed and for their pensions to be restored. 

Mr Ron Thompson of Lake Jackson solicitors says: “This judgement opens the door for thousands of injured police officers who have had their pensions reduced unlawfully to apply to have the decision reversed. When the decision is reviewed they will be entitled to a pension at its proper level and, in many cases, to a substantial back payment. 

“The right thing for Police Authorities to do now is to identify every former injured police officer whose pension has been wrongly reduced, and to agree to review each one. If they do not do this it seems inevitable that they will face further legal actions as former injured officers assert their right to the pension to which they are entitled.

“I also hope that the Home Office recognises that the fault for this misconceived guidance lies with officials at the Home Office rather than individual police forces. The cost of putting this debacle right ought to be met by the Home Office and not individual police forces.”
Mr Crudace adds: “I always knew that my pension had been wrongly reduced but Northumbria Police Authority refused to accept this, and have wasted thousands of pounds of taxpayers money attempting to defend an unlawful decision. 

“I would like to express my sincere thanks to my superb legal team, Mr Ron Thompson and David Lock QC of No5 Chambers, who took this case on a “no-win, no fee” arrangement despite all its risks. I know there are many former police officers who have been injured serving their communities in the same position as me. They have seen their pensions cut to the lowest level when they reach 65 in reliance on this unlawful Guidance. I hope they will be able to use this landmark decision to get their pensions restored to the level they are entitled to.”

The Northumbria Police Authority wasted tens of thousands of taxpayers money trying to reduce the wealth of former serving officer who only became injured as a direct result of being a police officer serving their local community. No doubt with the support and blessing of the Home Office. We are worth nothing to those in power. They should be ashamed of their abuse of power and their attack on those injured in the line of duty.

The full Judgement can be read here: Crudace Judgement

All in a Day’s Work

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The sobering case of PC James Holden of Hampshire Constabulary should show what the job thinks of those of us still in it. To put this in context I need to ask those readers of this blog who are not police officers to consider the following scenario.

Imagine, if you will, getting up to go to your work. You shower and dress, eat a breakfast and possibly drink a cup of coffee or tea to wake you up for the day. You kiss your partner goodbye and, without much thought, drive or commute to your place of work. What then takes place is that you try your very hardest to do a day’s work. However, what sets PC James Holden apart from most of the non police readers is the fact that his constabulary tried to send him to prison for trying to do his very best.

Could it really be possible that you try your very hardest and some third party, in an office, looks at your best efforts and decides that you should face life changing consequences and incarceration? Welcome to the world of uPSD.

PC Holden followed a stolen van containing burglars which chose to crash through a level crossing railway barrier. The van driver was arrested on the other side of the crossing by a colleague because PC Holden did not cross the railway line. Did PC Holden instigate the dangerous driving or did he merely respond to a situation unfolding in front of him? Of course, we all know the answer. Thankfully the jury also knew the answer and took less than two hours (note: less than 2 hours!!!!) to see through the fallacy of Hampshire Senior Command. So that’s alright then. Another police officer freed following over zealous judicial process. You must be joking.

The next time PC Holden or his colleagues see a stolen van driving dangerously what is he likely to do? Try his very best and face going to prison? What would you do?

Hopefully, if I have been burgled and the thieves are trying to escape justice, officers like PC Holden will respond because it is the right thing to do. Hopefully, the public will back and support police officers dealing with errant criminal underclasses by continuing to show  the pricks that continue to lead the uPSD of many forces in this country that they want police officers to be robust and effective. Is there anything more effective than arresting burglars driving a stolen van?

As the last paragraphs of the BBC report states: “After the verdict, Hampshire Constabulary said: “Police officers do a difficult job often in very difficult circumstances and the people being pursued were caught as a result of this pursuit and convicted of burglary, vehicle theft and a number of other offences.

“Police officers involved in pursuits are subject to a high level of specialist training, adhering to national policy and codes of practice. Following the outcome of this case we will identify any organisational learning that comes out of it.”

The ONLY organisational learning is that the senior management should stop trying to criminalise hard working police officers.

From On High

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In a shocking revelation of Noble Cause Corruption of the highest order I draw your attention to the Independent Newspaper’s article about the hacking of Milly Dowler’s mobile phone and the fact that Surrey Police knew of the crime. Not only did they know but they chose to ignore the crime for many years and then, only because the sh1t had hit the fan in 2011, did they actually admit they knew.

Now you can be rest assured that this is a high ranking noble cause corruption because, if the offending officer(s) were only federated rank, particularly the lower end of the scale, then the full wrath of the misconduct and judicial process would be descending upon them from a great height. The question remains to see whether any of these high ranking buffoons will actually face the music. After all, I’ve lost count of the number of officers I have represented for failing to investigate a crime. In fact, I have seen some go to prison often in the most undeserving of cases.

It is typical of the underhanded tactics used by senior ranking officers in the police to only seek to administer discipline to the lower and middle ranks whilst they cajole each other and cover up serious wrongdoings enacted by themselves. I know a number of former colleagues who have been convicted for spurious offences, particularly Misconduct in a Public Office, when the evidence is that they may have acted like an idiot and faced a subsequent prison sentence rather than a loss of employment. I don’t know why we put up with it.

Exclusive

Just thought I'd show it again

On a different tack, Noble Cause Corruption blogged on the 3rd January 2012 a title of Misplaced Loyalties. How many of you noticed that the motor vehicle featured in the blog is the same vehicle that Greater Manchester Police have been desperately trying to cover up. Or have they? The recent newspaper frenzy has intimated that the crashed car was very recent. One of the daily rags even quoted the accident having occurred in the last few days but, of course, Noble Cause can rely on their sources implicitly. Newspapers have gone apoplectic over this story but they all missed one small fact that isn’t common knowledge. My source tells me that the last person to drive the vehicle before it was loaned to Greater Manchester Police was The Stig for Top Gear around their test track. Apparently, it has cost GMP £38000 to put this debacle right. No wonder they weren’t publicising it!

On a slightly strange note, it should be noted that one of the reporters in this Manchester Evening News piece of journalism was former Terry Duckworth from Coronation Street actor, Nigel Pivaro in his new career as a journalist. The other was Neal Kealing who always seems to get those stories about police misconduct that are “leaked” from the force.

Surely not from someone in the uPSD!!!!!!!! I wonder………hmmmmmmmmm!!!!