Police and crime commissioner explained

A police and crime commissioner (PCC; Welsh: comisiynydd yr heddlu a throseddu)[1] [2] is an elected official in England and Wales responsible for generally overseeing police services. A police, fire and crime commissioner (PFCC) is an elected official in England responsible for generally overseeing both police and fire services. Commissioners replaced now-abolished police authorities. The first were elected on 15 November 2012.

Background

In the 2010 general election campaign, the manifestos of the Conservatives and Liberal Democrats outlined plans, respectively, to replace or reform the existing police authorities. Following the election, the Conservative–Liberal Democrat coalition agreement of 2010 set out that:

Later in 2010, the government published 'Policing in the 21st Century', a consultation on its vision for policing, including the introduction of police and crime commissioners.[3] There was a proposal to call them "sheriffs" but this was rejected after focus groups felt it sounded too American.[4] The consultation was followed by the Police Reform and Social Responsibility Act 2011. The Home Secretary, Theresa May, made the Policing Protocol Order in November 2011, which stated:

The establishment of PCCs has allowed for the Home Office to withdraw from day-to-day policing matters, giving the police greater freedom to fight crime as they see fit, and allowing local communities to hold the police to account.[5]
The Association of Police and Crime Commissioners (APCC) was commissioned by the Home Office to facilitate co-ordination, representation and support for police and crime commissioners and police governance bodies from November 2012.[6] The association represents all 40 PCCs as of April 2021.[7]

Role and functions

The core functions of a PCC are to secure the maintenance of an efficient and effective police force within their area, and to hold the chief constable to account for the delivery of the police and crime plan.[8] [9] Police and crime commissioners are charged with holding the police fund (from which all policing of the area is financed) and raising the local policing precept from council tax.[10] Police and crime commissioners are also responsible for the appointment and – if necessary – suspension and dismissal of the Chief Constable,[11] although the 2011 Policing Protocol Order states that the PCC "must not fetter the operational independence of the police force and the Chief Constable who leads it". PCCs are able to appoint a Deputy PCC.

Police and crime plans

Shortly after their election to office, a PCC must produce a "police and crime plan". That plan must include his or her objectives for policing, what resources will be provided to the chief constable and how performance will be measured.[12] Both the PCC and the chief constable must have regard to the police and crime plan in the exercise of their duties. The PCC is required to produce an annual report to the public on progress in policing.[13]

Police funding

Police and crime commissioners hold the 'police fund', from which all policing is financed. The bulk of funding for the police fund comes from the Home Office in the form of an annual grant (calculated on a proportionate basis to take into account the differences between the 43 forces in England and Wales, which vary significantly in terms of population, geographical size, crime levels and trends), though commissioners will also set a precept on the council tax to raise additional funds. If a PCC wishes to increase the precept by an amount deemed to be excessive, the Localism Act 2011 requires a referendum. It is the PCC's responsibility to set the budget for the force area, which includes allocating enough money from the overall policing budget to ensure that the commissioner can discharge their functions effectively.

Extension to fire services

In September 2015, the government undertook a consultation into proposals which would bring England's fire services under the control of PCCs.[14] there are five Police, Fire and Crime Commissioners: for Cumbria, Essex, Staffordshire, North Yorkshire and Northamptonshire.

Police and crime panels

The Police Reform and Social Responsibility Act 2011 established police and crime panels within each force area in England and Wales (excluding Greater London).[15] These panels consist of at least one representative from each local authority in that area, and at least two independent members co-opted by the panel.[16]

Panels are responsible for scrutinising PCC decisions and ensuring this information is available to the public. They must review the PCC's draft police and crime plan and draft annual report before publication, and the PCC must give their comments due consideration. A police and crime panel may require the attendance of the commissioner or a staff member at any time, and may suspend a PCC from office who is charged with a serious criminal offence.[17] Police and crime panels will be able to veto a PCC's proposed precept or proposed candidate for Chief Constable by a two-thirds majority.[18]

A National Audit Office report published in January 2014 found that there were "few checks and balances" on the 41 PCCs between elections. It said police and crime panels, which were set up to scrutinise PCCs, "lack powers" to act on the information they receive.[19]

Oath of impartiality

On 16 August 2012, the Home Office announced that every newly elected police and crime commissioner would be required to swear an "oath of impartiality" before taking office. The oath reads:[20]

The then Minister for Policing and Criminal Justice, Nick Herbert said:[20]

The Association of Police and Crime Commissioners, set up to act as an "umbrella body" for the elected PCCs, revealed that it had been asked by the Home Office to "seek views from police authorities and prospective candidates on the wording of the oath". By the time the first police and crime commissioner had been elected, in November 2012, the original Home Office text of the "Oath of Impartiality" had been significantly modified. As an example, this is the amended oath as delivered by the police and crime commissioner for Avon and Somerset:

In South Wales, the title "Oath of Impartiality" was replaced by the term "Oath of Office" on the PCC's website with no mention of "impartiality".[21] In other police areas, like Thames Valley, the PCC's website describes it simply as "The Oath".[22]

The written form of the oath which is signed by all PCCs on taking office is not headed "Oath of Impartiality" but "Declaration of Acceptance of Office".[23]

Eligibility for election

Candidates must be 18 or over and registered to vote within the police area on the date of nomination. Members of the House of Lords are not barred from standing. Members of the House of Commons are not barred from standing but, if they win, they must resign before they can take up a PCC appointment.

Those disqualified from standing or continuing to hold office include:

Candidates must secure the signatures of 100 people registered to vote within the force area in which they wish to stand and must pay a deposit of £5,000. A person with an anonymous entry in the register of electors cannot nominate a candidate for election.[25] [26] The appointed Deputy PCC is held to similar criteria as the PCC. During the COVID-19 pandemic in the United Kingdom the Cabinet Office reduced the number of signatures candidates required (The Mayoral and Police and Crime Commissioner Elections (Coronavirus, Nomination of Candidates) (Amendment) Order 2021) on nomination forms in order to reduce social interaction.[27] [28]

The Association of Police and Crime Commissioners published a candidate briefing prior to the 2021 elections, setting out "Guidance, advice and information for anyone interested in standing as a candidate in the 2021 Police and Crime Commissioner elections."[29]

Jonathon Seed, the Conservative Party candidate for Wiltshire Police and Crime Commissioner in the 2021 election, did not take up his post after it was revealed that he had a conviction for an imprisonable offence. ITV News had asked Seed, his campaign team and the Conservative Party before polling day if Seed had any convictions. In footage posted online, Seed refused to answer questions put to him by news reporters prior to the election.[30] Wiltshire Police asked Thames Valley Police to investigate[31] and he was charged with making a false declaration.[32] [33] He was due to stand trial in July 2022, but in June the Crown Prosecution Service dropped the charges after a pre-trial review on the grounds of insufficient evidence.[34] The re-run of the election was held in August 2021 and was expected to cost £1million.[35]

Electoral system

Elections for commissioners use first-past-the-post voting.[36] Prior to the passage of the Elections Act 2022, the supplementary vote system was used: voters marked the ballot paper with their first and second choices of candidate.[37] If no candidate had a majority of first-preference votes, all but the top two candidates were eliminated, and second-preference votes (but only those cast for those two candidates) were then counted in addition, to produce a winner. However, the Police Reform and Social Responsibility Act 2011 directed that first-past-the-post would be used if there were only two candidates for a specific commissioner region.[38]

Commissioners have a set four-year term of office. There is no limit on the number of terms which a PCC can serve.[39]

List

The following is a list of all the police and crime commissioners, .

England

Political Party!Office!
Clare MoodyPolice and Crime Commissioner for Avon and Somerset
John TizardPolice and Crime Commissioner for Bedfordshire
Darryl PrestonPolice and Crime Commissioner for Cambridgeshire and Peterborough
Dan PricePolice and Crime Commissioner for Cheshire
Matt StoreyPolice and Crime Commissioner for Cleveland
Nicolle NdiweniPolice and Crime Commissioner for Derbyshire
Alison HernandezPolice and Crime Commissioner for Devon, Cornwall and The Isles of Scilly
David SidwickPolice and Crime Commissioner for Dorset
Joy AllenPolice and Crime Commissioner for Durham
Chris NelsonPolice and Crime Commissioner for Gloucestershire
Donna JonesPolice and Crime Commissioner for Hampshire
Jonathan Ash-EdwardsPolice and Crime Commissioner for Hertfordshire
Jonathan EvisonPolice and Crime Commissioner for Humberside
Matthew ScottPolice and Crime Commissioner for Kent
Clive GrunshawPolice and Crime Commissioner for Lancashire
Rupert MatthewsPolice and Crime Commissioner for Leicestershire
Marc JonesPolice and Crime Commissioner for Lincolnshire
Emily SpurrellPolice and Crime Commissioner for Merseyside
Sarah TaylorPolice and Crime Commissioner for Norfolk
Susan DungworthPolice and Crime Commissioner for Northumbria
Gary GoddenPolice and Crime Commissioner for Nottinghamshire
Tim PassmorePolice and Crime Commissioner for Suffolk
Lisa TownsendPolice and Crime Commissioner for Surrey
Katy BournePolice and Crime Commissioner for Sussex
Matthew BarberPolice and Crime Commissioner for Thames Valley
Philip SeccombePolice and Crime Commissioner for Warwickshire
John CampionPolice and Crime Commissioner for West Mercia
Simon FosterPolice and Crime Commissioner for West Midlands
Philip WilkinsonPolice and Crime Commissioner for Wiltshire
Political Party!Office!
David AllenPolice, Fire and Crime Commissioner for Cumbria
Roger HirstPolice, Fire and Crime Commissioner for Essex
Danielle StonePolice, Fire and Crime Commissioner for Northamptonshire
Ben AdamsPolice, Fire and Crime Commissioner for Staffordshire
Political Party!Office!
Oliver CoppardMayor of South Yorkshire
Tracy BrabinMayor of West Yorkshire
Political Party!Office!
Andy BurnhamMayor of Greater Manchester
Sadiq KhanMayor of London
David SkaithMayor of York and North Yorkshire
The City of London Police Committee, chaired by James Thomson, oversees the City of London Police.

Wales

Political Party!Office!
Dafydd LlywelynPolice and Crime Commissioner for Dyfed-Powys
Jane MuddPolice and Crime Commissioner for Gwent
Andy DunbobbinPolice and Crime Commissioner for North Wales
Emma WoolsPolice and Crime Commissioner for South Wales

Scotland

In Scotland, the Scottish Police Authority serves in a similar capacity for Police Scotland.[40]

Northern Ireland

In Northern Ireland, the Northern Ireland Policing Board fulfils a similar role for the Police Service of Northern Ireland.[41]

Non-geographic authorities

The British Transport Police Authority, Ministry of Defence Police Committee and Civil Nuclear Police Authority oversee the British Transport Police, Ministry of Defence Police and Civil Nuclear Constabulary, respectively.

Elections

2012 elections

See main article: 2012 England and Wales police and crime commissioner elections.

2016 elections

See main article: 2016 England and Wales police and crime commissioner elections.

2021 elections

See main article: 2021 England and Wales police and crime commissioner elections. Elections originally scheduled for May 2020 were delayed by 12 months due to the COVID-19 pandemic.

2024 elections

See main article: 2024 England and Wales police and crime commissioner elections.

Criticism

Issues have included conflict between PCCs and chief constables, questions over PCC expenses, the cost of elections and low voter turnout (in some cases, below 15%).[42] The Plain English Campaign described the commissioners in 2015 as "serial offenders" in "mangling of the English language" and the use of "jargon".[43] The former Home Secretary Theresa May, who introduced the directly elected commissioners, in 2014, considered the policy to have had mixed success.[44]

Possible abolition

In 2014, the Liberal Democrats indicated that they would scrap the positions. In light of this, the Liberal Democrats boycotted the 2014 South Yorkshire PCC by-election.[45]

The replacement of some PCCs with directly elected mayors is expected to occur as a result of the Cities and Local Government Devolution Act 2016.[46] In 2017, the Greater Manchester Police and Crime Commissioner was replaced by the Mayor of Greater Manchester[47] and the role of West Yorkshire Police and Crime Commissioner was absorbed by the mayor of West Yorkshire in 2021.[48] In 2019, both the Metro Mayor of the Liverpool City Region and the Mayor of the West Midlands advocated taking over the police and crime commissioner roles in their respective areas.[49] [50]

See also

Notes and References

  1. Web site: Language Choice - South Wales Police and Crime Commissioner . www.southwalescommissioner.org.uk.
  2. Web site: The Police and Crime Commissioner for Gwent . Gwent Police and Crime Commissioner . 24 July 2020.
  3. Web site: Policing in the 21st century: reconnecting police and the people . 2024-07-22 . GOV.UK . en.
  4. https://hansard.parliament.uk/Lords/2021-03-04/debates/0F3A4927-8FF4-4BA9-9DC3-D5B35D050B3E/PoliceAndCrimeCommissionerElections#contribution-8129E80C-5287-4F3A-9CC0-85487AF1B70A
  5. https://www.legislation.gov.uk/uksi/2011/2744/made The Policing Protocol Order 2011
  6. Web site: Association of Police and Crime Commissioners . . APCC . 7 October 2015.
  7. Web site: About the APCC . www.apccs.police.uk.
  8. Web site: Role of the PCC. 2021-05-06. The Association of Police and Crime Commissioners.
  9. Web site: Police Reform and Social Responsibility Act 2011 (Section 1) . UK Legislation . 28 September 2011.
  10. Web site: Police Reform and Social Responsibility Act 2011 (Chapter 3) . UK Legislation . 28 September 2011.
  11. Web site: Police Reform and Social Responsibility Act 2011 (Chapter 5) . UK Legislation . 28 September 2011.
  12. Web site: Police Reform and Social Responsibility Act 2011 (Sections 7 and 9) . UK Legislation . 28 September 2011.
  13. Web site: Police Reform and Social Responsibility Act 2011 (Section 12) . UK Legislation . 28 September 2011.
  14. News: . Fire chiefs could run English police forces under plans . . 11 September 2015 . 10 October 2015.
  15. Web site: Police Reform and Social Responsibility Act 2011 (Section 28) . UK Legislation . 28 September 2011.
  16. Web site: Police Reform and Social Responsibility Act 2011 (Schedule 6) . UK Legislation . 28 September 2011.
  17. Web site: Police Reform and Social Responsibility Act 2011 (Sections 28-30) . UK Legislation . 28 September 2011.
  18. Web site: Police Reform and Social Responsibility Act 2011 (Schedules 6 and 8) . UK Legislation . 28 September 2011.
  19. News: National Audit Office report . 22 January 2014 . BBC News . 31 January 2014.
  20. Web site: Police and crime commissioners to swear an oath of impartiality - News stories - Inside Government - GOV.UK . Homeoffice.gov.uk . 2012-08-16 . 2013-04-01.
  21. Web site: Your Police and Crime Commissioner. 6 November 2014.
  22. Web site: The Oath . Thamesvalley-pcc.gov.uk . 2013-04-01.
  23. Web site: Oath of Impartiality . Avonandsomerset-pcc.gov.uk . 2013-04-01.
  24. Web site: Police Reform and Social Responsibility Act 2011, Section 68 . Legislation.gov.uk . 2013-04-01.
  25. Web site: 29 March 2021. Notice of Election: Police & Crime Commissionerelection for the Dorset Police Area. live. https://web.archive.org/web/20210509223303/https://www.bcpcouncil.gov.uk/Councillors-committees-and-elections/Elections-and-voting/Documents/Notices/PCC-Notice-Of-Election.pdf. 9 May 2021. 9 May 2021. Bournemouth, Christchurch and Poole Council.
  26. Web site: 6 May 2021. POLICE AND CRIME COMMISSIONER ELECTION 6 MAY 2021 INFORMATIONPACK FOR CANDIDATES AND AGENTS. live. https://web.archive.org/web/20210509224433/https://www.stockton.gov.uk/media/1962309/pcc-nomination-pack-combined-v5.pdf. 9 May 2021. 9 May 2021. Stockton-on-Tees Borough Council.
  27. Web site: 19 February 2021. May 2021 elections - note on changes to the nominations process and number of subscribers required for nominations. 9 May 2021. gov.uk.
  28. Web site: 2021. Police and Crime Commissioner elections - Wiltshire Council. live. https://web.archive.org/web/20210422225908/https://www.wiltshire.gov.uk/elections-pcc. 22 April 2021. 11 May 2021. Wiltshire Council.
  29. Web site: 2021. PCC CANDIDATE BRIEFING. live. https://web.archive.org/web/20210509220449/https://www.apccs.police.uk/media/6195/apcc_pcc_candidate_briefing_december_2020.pdf. 9 May 2021. 9 May 2021. Association of Police and Crime Commissioners.
  30. Web site: Evelyn. Rupert. 9 May 2021. Exclusive investigation: PCC candidate disbarred over historic driving offence. live. https://web.archive.org/web/20210510112811if_/https://www.itv.com/news/2021-05-09/conservative-police-and-crime-commissioner-candidate-jonathon-seed-disbarred-over-historic-driving-offence. 10 May 2021. 12 May 2021. ITV News.
  31. News: 11 May 2021. Jonathon Seed: Police investigate PCC election win. en-GB. BBC News. 12 May 2021. https://web.archive.org/web/20210511210923/https://www.bbc.com/news/uk-england-wiltshire-57075596. 11 May 2021.
  32. Web site: 22 September 2021. Wiltshire's former police and crime commissioner Jonathon Seed charged over nomination papers. 2021-12-08. Sky News.
  33. Web site: PCC accused of false declaration to stand trial. 18 November 2021.
  34. Web site: Paessler . Benjamin . 9 June 2022 . Charges dropped against former police chief Jonathon Seed . 2022-06-11 . Salisbury Journal.
  35. News: 11 May 2021. Jonathon Seed PCC election rerun will cost more than £1m. en-GB. BBC News. 12 May 2021. https://web.archive.org/web/20210512001503/https://www.bbc.com/news/uk-england-wiltshire-57070183. 12 May 2021.
  36. Web site: Elections Act 2022, s.13 . 6 October 2023 . Legislation.gov.uk.
  37. Web site: 2016 . Police and Crime Commissioner elections in England and Wales: Guidance for candidates and agents . The Electoral Commission.
  38. Web site: Police Reform and Social Responsibility Act 2011, s.57 . 6 October 2023 . Legislation.gov.uk.
  39. Web site: Lords Hansard text for 11 Jul 201111 July 2011 (pt 0003). Department of the Official Report (Hansard), House of Lords, Westminster. publications.parliament.uk. 2017-08-01.
  40. Web site: 2013-04-01. About Us - Scottish Police Authority. 2015-09-07. Spa.police.uk.
  41. Web site: Our Work - Northern Ireland Policing Board. 13 October 2015. 2019-04-17. Northern Ireland Policing Board.
  42. News: . PCC elections: Watchdog to probe record low turnout . BBC News . 17 November 2012 . 16 January 2015 .
  43. Web site: BBC News. Northamptonshire chief constable advert 'ploddledegook'. 7 May 2015. 12 May 2015.
  44. News: Morris . Nigel . 21 September 2014 . Labour Party Conference: Labour would abolish PCCs to save £50m . The Independent . United Kingdom . 16 January 2015.
  45. News: . 3 October 2014 . No Lib Dem candidate for PCC post . Southend Standard . Southend . 16 January 2015.
  46. Web site: Queen's Speech 2015: Cities and Local Government Devolution Bill . . www.gov.uk . Cabinet Office and Prime Minister's Office . 1 June 2015 . The purpose of the Bill is to fulfil the government's commitments on devolving powers and budgets to boost local growth in England..
  47. News: 3 November 2014. Manchester to get elected mayor. BBC News.
  48. News: Lavigueur . Nick . Who could be the Mayor when West Yorkshire devolution happens? . . 14 November 2018.
  49. News: Thorp . Liam . Steve Rotheram: 'Scrap Police Commissioner and give me the job' . Liverpool Echo . 22 March 2019 . 6 February 2020.
  50. News: Dare . Tom . 2020 to be the biggest year in the brief history of the mayor . 31 January 2020 . . 6 January 2020.