Police Governance

Legislative Department, Ministry of Law and Justice is the oldest limb of the Government of India dating back to 1833 when the Charter Act, 1833 was enacted by the British Parliament. The said Act vested for the first time legislative power in a single authority, namely, the Governor-General in Council. By virtue of this authority and the authority vested upon him under section 22 of the Indian Councils Act 1861, the Governor- General in Council enacted laws for the country from 1834 to 1920.

After the commencement of the Government of India Act 1919, the legislative power was exercised by the Indian Legislature constituted there under. The Government of India Act 1919 was followed by the Government of India Act 1935. With the passing of the Indian Independence Act 1947, India became a Dominion and the Dominion Legislature made laws from 1947 to 1949 under the provisions of section 100 of the Government of India Act 1935 as adapted by the India (Provisional Constitution) Order 1947. Under the Constitution of India which came into force on the 26th January 1950, the legislative power is vested in Parliament and the State Legislatures.
Legislative Drafting under legislative studies is not only an art but a discipline and has its own challenges. It requires expertise for drafting legislations in precise and clear language.
With a view to increase the availability of trained Legislative Counsel in the county, the Centre for Legislative Studies and Research (CLSR) which was established in the year 2021 under the overall aegis of School of Law, Manav Rachna University is to impart theoretical as well as practical training in Legislative Drafting. Going forward, the CLSR proposed to organize a national conference on Legislative Drafting and Policy Governance in India: Challenges and Opportunities.   

THEME
The theme of this national conference aimed to highlight the importance of effective legislative drafting in shaping India's legal framework and promoting good governance. The conference would provide a platform for legal experts, legislative counsel, policymakers, and practitioners to discuss the challenges and opportunities in drafting legislation that is clear, concise, and enforceable.
The conference discussed a plethora of topics related to legislative drafting, such as the role of technology in drafting, drafting for regulatory bodies, drafting for effective implementation, and the importance of stakeholder consultations, the challenges in drafting legislation in a diverse and complex country like India with its multiple languages, legal systems, and cultural nuances and provide participants with practical insights and strategies for drafting legislation that is relevant, accessible, and in line with the principles of democracy, transparency, and accountability etc. It  also showcased the best practices in legislative drafting from India and around the world. This conference was an excellent opportunity for participants to learn, network, and exchange ideas on legislative drafting in India and contribute to the development of a better legal framework for the country.                                                                             
To engage with some of these relevant (and more) topics of working of the Indian Legislative Dept, the Centre for Legislative Studies and Research, School of Law, Manav Rachna University in association with IQAC, National Law University and Judicial Academy, Assam organized this two-day national conference.

and the University of the West of Scotland A. INTRODUCTION The Railway Policing (Scotland) Act 2017 (the "2017 Act") confers railway policing powers on Police Scotland and the Scottish Police Authority ("SPA"), and removes functions in relation to those powers in Scotland from the British Transport Police Authority ("BTPA") and British Transport Police ("BTP") constables. Passed by a narrow majority in June 2017 with an agreed commencement (or "go-live") date of April 2019, the 2017 Act marked the first step in the integration of BTP Scotland into Police Scotland, enabling the programme of work required to deliver full integration, including secondary legislation. The post-legislative programme has however been fraught with difficulty and the 2017 Act has not yet commenced, nor is it clear if it will be commenced. Citing public safety concerns, in February 2018 the then Justice Secretary, Michael Matheson, announced integration would be postponed and a detailed "re-planning" process undertaken to establish a new "go-live" date. Six months later, prompted by advice from Police Scotland, the new Justice Secretary, Humza Yousaf, announced that the Scottish Government would "re-examine all options" with a view to enacting the principles of the devolution of railway policing more quickly, while keeping full integration as the longer-term aim.1 Set against this background, this note argues that the substantial risks and costs associated with full integration represent a material change of circumstances from the Railway Policing Bill as passed, and suggests the Scottish Government should look to repeal the 2017 Act, providing certainty for the officers and staff of BTP Scotland, as well as the wider BTP and BTPA. The note then sets out suggestions for a devolved railway policing model aimed at securing the main benefits of the 2017 Act (greater accountability and more effective railway policing), while taking account of the complex interdependencies that underpin railway policing in practice.

for their comments and assistance over the past two years. I would also like to express my thanks to my family, for their understanding and patience during those times when there was no light at the end of anything. They encouraged me and made me stick with it. Also, many thanks to my

Angus Council introduced No Cold Calling Zones (henceforth NCCZs) in 2007 as a way of combating increasing numbers of cold callers. These zones aim to give power to the residents that live within them to say ‘no’ to cold callers and report suspicious persons. However, this initiative raises questions about the broader changes to perceptions of vulnerability and the governance of crime. Two studies were undertaken; one which used a qualitative methodology and investigated the impact and implications of NCCZs on two communities in Angus, while the second was a quantitative study undertaken across the majority of NCCZ's in Angus.

The illicit exploitation of children and young persons for commercial gain by rogue shopkeepers and unscrupulous business proprietors is an important topic seldom considered by criminologists. In this case study we report on research with School Link Officers in Edinburgh in which this interesting topic came up in a focus group. The illicit sale of cigarettes and alcohol to minors is a criminal offence dealt with by both Police and Trading Standards Officers. In this practice note we discuss how campus officers can play a role in detecting, preventing and deterring such activities off campus. In the first part of the note, we provide some theoretical underpinnings to explain the importance of this policing approach. In the second part we present a case study which describes the effectiveness of some very practical policing strategies and why they proved to be so. The emergent theme was dealing with the issues informally and effectively. Part three identifies key factors and draws co...

and the University of the West of Scotland A. INTRODUCTION The Railway Policing (Scotland) Act 2017 (the "2017 Act") confers railway policing powers on Police Scotland and the Scottish Police Authority ("SPA"), and removes functions in relation to those powers in Scotland from the British Transport Police Authority ("BTPA") and British Transport Police ("BTP") constables. Passed by a narrow majority in June 2017 with an agreed commencement (or "go-live") date of April 2019, the 2017 Act marked the first step in the integration of BTP Scotland into Police Scotland, enabling the programme of work required to deliver full integration, including secondary legislation. The post-legislative programme has however been fraught with difficulty and the 2017 Act has not yet commenced, nor is it clear if it will be commenced. Citing public safety concerns, in February 2018 the then Justice Secretary, Michael Matheson, announced integration would be postponed and a detailed "re-planning" process undertaken to establish a new "go-live" date. Six months later, prompted by advice from Police Scotland, the new Justice Secretary, Humza Yousaf, announced that the Scottish Government would "re-examine all options" with a view to enacting the principles of the devolution of railway policing more quickly, while keeping full integration as the longer-term aim.1 Set against this background, this note argues that the substantial risks and costs associated with full integration represent a material change of circumstances from the Railway Policing Bill as passed, and suggests the Scottish Government should look to repeal the 2017 Act, providing certainty for the officers and staff of BTP Scotland, as well as the wider BTP and BTPA. The note then sets out suggestions for a devolved railway policing model aimed at securing the main benefits of the 2017 Act (greater accountability and more effective railway policing), while taking account of the complex interdependencies that underpin railway policing in practice.

This article critically assesses the policy discourse for police reform in Scotland, specifically focusing on the rationale for the creation of the Scottish Police Authority (SPA). Through a chronological review of official policy reports and consultations that took place prior to the 2012 Act, and by drawing on a select number of interviews 1 conducted as part of the wider study (Malik, 2017a), I argue that while austerity became the catalyst for change, police reform in Scotland was strongly supported by concerns around weak police governance arrangements. The SPA was created to strengthen financial oversight, to provide enhanced focus on national policing requirements and to bring in professional governance competencies and expertise that the local police authorities lacked. In the five years since reform, the SPA has continued to struggle to address these weaknesses. Furthermore, the official reform agenda neglected the need for robust mechanisms for accountability of operational policing. This omission manifested in the most abrasive fashion following the 2012 Act as cases such as stop and search and armed policing highlighted the inadequacies of the new police governance arrangements. In order that the SPA can fulfil its intended purpose, it needs to enhance its capacity and focus on providing holistic mechanisms for police governance that incorporate financial oversight and robust accountability of operational policing.

This briefing presents key findings from independently funded doctoral research on police governance in Scotland following reform in 2012. The briefing discusses key issues identified by the research and sets out recommendations aimed at strengthening the SPA's legitimacy, increasing stakeholder and public confidence, and enhancing the capacity of the Authority to implement robust governance and accountability mechanisms. The SPA was envisioned by its architects as an apolitical arms-length body aimed at providing national strategic oversight and accountability of the single police service. It was envisaged that Board Members, appointed rather than elected, on the basis of specific skills, expertise and competencies, would provide the capacity and capability that the previous local police authorities lacked, and strengthen overall police governance. Although the SPA has continued to evolve and develop, the Authority has faced challenges both in terms of internal organisation, and the ability to effectively hold the police to account. This research identifies a range of factors that have arguably impeded the role of the SPA. These include gaps in terms of knowledge and skills, differing interpretations of the Authority's role, purpose and statutory powers, as well as external pressures and impositions that undermined the autonomy of the Authority, particularly in its formative years. A joint policy engagement protocol with Police Scotland, and more recently, the delivery of the 10-year strategy Policing 2026 has created avenues for the SPA to proactively influence and scrutinise policing policies. Going forward, in order to ensure effective governance of transformation and robust accountability of operational policing, it is recommended that the SPA should strengthen its own knowledge-base by proactively engaging with external stakeholders, clarify and emphasise its role in delivering public accountability of the police, and establish sufficient autonomy to adequately position itself as a buffer between local and centrally elected representatives, and the police.

The Police and Fire Reform (Scotland) Act 2012 has created a multi-faceted approach to police governance. Despite the multitude of actors, the Scottish Police Authority with complete oversight of policing and a statutory duty to hold the chief constable to account occupies a central role in the new police governance landscape in Scotland. This paper outlines the conceptual framework thatdeveloped as part of an independent PhD study exploring the landscape of police governance and accountability in Scotland, with a particular focus on the role of the Scottish Police Authority. The current arrangements, in particular the composition of the Scottish Police Authority as a body of experts, present an ideal opportunity to shift away from the traditional focus on democratic governance and explore the contemporary debates on the role of Epistocracies in public service governance and administration.

Cet ouvrage s’attache à un sujet encore trop peu travaillé : la comparaison des polices, ou plus précisément des systèmes de police. Or, comparer permet mieux comprendre les activités policières, en examinant précisément le mélange d’unité et de diversité des types d’organisations, doctrines et stratégies de réformes, relations police-population, modes de contrôle ou encore de la part prise par les forces de sécurité privée.
Une telle analyse demande d’être attentif aux logiques de convergence : comment certains slogans, certaines innovations, certains dispositifs s’exportent, circulent entre différents pays. Elle exige en retour de ne pas négliger les réappropriations et réinventions locales et nationales : la police de proximité a-t-elle le même sens dans les différents pays occidentaux ? Les pratiques de contrôle d’identité ont-ils la même ampleur ?
Cette démarche permet également de mieux comprendre les singularités de l’organisation policière française. Il s’adresse aux étudiants en droit, science politique, sociologie et histoire intéressés par les questions policières, ainsi qu’aux professionnels du domaine.

As the primary agency for law enforcement, the police operates at close
proximity to the public and exerts significant influence over the security
of individuals and communities through its behaviours and performance.
Therefore, ensuring accountability of both the individuals and institutions of the police is a fundamental condition for good governance of the security sector in democratic societies. The parliament, as the highest representative body in a democratic system, plays a significant role in maintaining police accountability.
The objective of the edited volume on “The Role of Parliament in Police
Governance: Lessons Learned from Asia and Europe” is to put forward good practices and recommendations for improving police accountability, with an emphasis on the strengthening of the role of parliament in police governance. The comparative analysis includes insights and lessons learned from eight country case studies including Belgium, Germany, India, Indonesia, the Netherlands, Philippines, Thailand and the United Kingdom. The findings of the cases studies can be taken into account when analysing and considering options for improving the accountability of the police to parliament as well as strengthening independent oversight bodies and parliament-police liaison mechanisms. However, it must be emphasised that these good practices always need to be adapted to the exigencies of the local context.

Section 2. Declaration of Policy. – It is hereby declared to be the policy of the State to promote peace and order, ensure public safety and further strengthen local government capability aimed towards the effective delivery of the basic services to the citizenry through the establishment of a highly efficient and competent police force that is national in scope and civilian in character. Towards this end, the State shall bolster a system of coordination and cooperation among the citizenry, local executives and the integrated law enforcement and public safety agencies created under this Act. The police force shall be organized, trained and equipped primarily for the performance of police functions. Its national scope and civilian character shall be paramount. No element of the police force shall be military nor shall any position thereof be occupied by active members of the Armed Forces of the Philippines. Section 3. Promulgation of Comprehensive Policies by Congress. – Subject to the limitations provided in the Constitution, the President shall recommend to Congress the promulgation of policies on public order and safety to protect the citizenry from all forms of lawlessness, criminality and other threats to peace and order. CHAPTER I THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT Section 4. The Department of the Interior and Local Government. – To carry out the policies and purposes of this Act, the Department of Local Government is hereby reorganized into the Department of the Interior and Local Government, hereinafter referred to as the Department, in accordance with the provisions of this Act. Section 5. Powers and Functions of the Department. – In furtherance of the objectives of this Act, the Department shall continue to exercise the powers and functions of the Department of Local Government in addition to the powers and functions as herein provided.

Hamm, J., A., Lee, J., Trinkner, R., Wingrove, T., Leben, S., & Breuer, C.  (in press).  On the cross-domain scholarship of trust in the institutional context.  In. E. Shockley, T. M. S. Neal, L. M. PytlikZillig, & B. H. Bornstein (Eds.), Interdisciplinary perspectives on trust:  Towards theoretical and methodological integration.  New York:  Springer.

As argued throughout this volume, trust matters. This importance has spawned a number of major contemporary efforts to increase trust in numerous domains. These efforts typically seek to leverage the best available science for understanding and motivating trust but it is, as yet, not well understood to what degree trust is essentially the same or importantly different across the various domains. Trust building efforts are, therefore, often left with little guidance as the critical issues to address when applying work from other domains. This chapter takes up this deficiency by reviewing the major mainstream conceptualizations, antecedents, and outcomes of trust in four domains: public administration, policing, state courts, and medicine. The chapter concludes that trust is in fact, notably similar across domains but that there are critical differences to be attended to. Specifically, we argue that trust across contexts can be thought of as a willingness to accept vulnerability in dealings with an other but the most important drivers of that willingness are likely to vary somewhat as a function of the domain.

The illicit exploitation of children and young persons for commercial gain by rogue shopkeepers and unscrupulous business proprietors is an important topic seldom considered by criminologists. In this case study we report on research with School Link Officers in Edinburgh in which this interesting topic came up in a focus group. The illicit sale of cigarettes and alcohol to minors is a criminal offence dealt with by both Police and Trading Standards Officers. In this practice note we discuss how campus officers can play a role in detecting, preventing and deterring such activities off campus. In the first part of the note, we provide some theoretical underpinnings to explain the importance of this policing approach. In the second part we present a case study which describes the effectiveness of some very practical policing strategies and why they proved to be so. The emergent theme was dealing with the issues informally and effectively. Part three identifies key factors and draws conclusions.

The paradox running through this paper concerns the relationship between society and the police whereby, in order to trust that the police will not abuse their power, the public invariably ensure they are trussed. Central to this is the question of how, in thinking about police governance, can trust be acknowledged as a fundamental feature of police relationships, and how can trust be activated to ensure that the police are regarded as legitimate? This highlights a further paradox, whereby the institution charged with trussing the police, the government, is also a major beneficiary of the security which the police bring. At issue is a statement of the underlying principles which make for a more democratically responsive police service.