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ARTICLE · 29 APRIL 2016

Five Things Every PCC Needs To Know - A Lawyer's View

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In this article, we look at five essentials PCCs and their staff need to bear in mind as they endeavour to ensure that their constituents have the benefit of an efficient and effective police service.

United KingdomGovernment, Public Sector
David Northfield
David Northfield

Though PCCs wield substantial power, that power is not without its limits.  Over the last three and a half years, we have seen a range of legal issues arise for PCCs.  In this article, we look at five essentials PCCs and their staff need to bear in mind as they endeavour to ensure that their constituents have the benefit of an efficient and effective police service.

The judge over your shoulder

As a public authority, a PCC's actions are subject to challenge and control by way of judicial review.  Any decision or action which is beyond a PCC's statutory powers, which is irrational in legal terms, or which is reached in a procedurally unfair manner has the potential to be declared unlawful and quashed by the High Court.  Since 2012, PCCs have been involved in challenges relating to decisions not to reappoint Chief Constables, to suspend a Chief Constable pending investigation of a disciplinary matter and to a decision not to appoint a civilian liaison officer due to

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