“BRUTALITY AND
CORRUPTION GO HAND IN HAND”
BOOK REVIEW-
“POLICE CORRUPTION”, by DONALD CAMPBELL, (BARRY ROSE PUBLISHERS, London 2002)
ISBN
1-902681`-29-0
by SALLY RAMAGE
2007
I bought and read Police Corruption in 2002 but had no time to write this review
before today. Donald Campbell has
authored and co-authored other books, namely,
The Investigation of Fraud;
Police: The exercise of Power; and
International Maritime Fraud.
This has been an uncomfortable law book to review because
one does not like to ‘upset the apple-cart’, but it needed to be written and to
be reviewed. There are 20 Chapters in this 263-page book and it deals with
corruption in the New South Wales Police, New York Police and London’s
Metropolitan Police.
The Met has been known for criminality ever since James
Morton, Bent Coppers, (Little Brown
and Company, London 1993), which analysed the UK police from the year 1901 to
the year 1993.
Donald
Campbell cites the United Kingdom’s Betting Acts, Obscene Publications Act,
Prevention of Corruption Acts and the Public Disclosures Act, as well as the
Police (Misconduct) Regulations 1999. However, it is a shame that Campbell did
not acknowledge the Anti-Terrorism, Crime and Security Act 2001, Part 12 of
which, deals with bribery and corruption. He did not include the caselaw R v Loosley,[2002], Attorney General’s
Reference No.3, a case of corrupt police dealing with informers. Thejudge’s
decision in the case, at para.60, states,“ …controlled informers to undertake
entrapment activities unsupervised carries great danger, not merely that they
will try to improve their performances in court, but of oppression, extortion
and corruption.”.
Another case that was not cited is R v Dryden[1995] All ER, about allegations
of police corruption.
Other cases that were not cited but ought
to have been, are R v Bellman [1989] and Tsang Ping-nam v R [1981] 1 WLR 1462. In Tsang Ping-nam, a police officer had made
contradictory statements in the course of an investigation into corruption in
the police force and at the trial of his police colleagues on charges of
corruption. His statement implicated his
colleagues but his evidence at the trial exonerated them. The police officer was charged with and
convicted of an attempt to pervert the course of justice.
Chapter
Eleven of the book is titled “London’s Rotten Apple” and deals with Sir Paul
Condon’s time as Metropolitan Police Commissioner for seven years until the
year 2000. The Chapter discusses the
Lawrence murder, with the allegations of police corruption. Lawrence was a young
black boy murdered in an alleged racial attack.
Under
Sir Condon’s leadership, an
Anti-corruption squad was formed in 1998, and some have alleged that the
Metropolitan police at the time
harboured some two hundred and fifty (250) corrupt police officers. Campbell
states that the police have a Police (Misconduct) Regulations 1999 which Campbell
quotes “Officers should support their colleagues in the execution of their
lawful duties, and oppose any improper behaviour, reporting it where
appropriate..”
According to
Stones Justices Manual, the Police Regulations 1999 have been succeeded by Police (Conduct) Regulations 2004 (SI
2004/645 amended by SI 2006/594). The 2004 Regulations
deal with the conduct of members of police forces, the maintenance of
discipline, and procedures where conduct fails to meet the appropriate standard
which is defined in Sch 1 to the regulations. The Regulations relate to matters
to be dealt with internally by the police, and not by the courts.
The Police Conduct Regulations
2004 state:
“1-It is of paramount importance
that the public have faith in the honesty and integrity of police officers.
Officers should therefore be open and truthful in their dealings; avoid being
improperly beholden to any person or institution; and discharge their duties
with integrity.”
2.-Police officers have a particular responsibility to act with
fairness and impartiality in all their dealings with the public and their
colleagues.
3- Officers should treat members of the public and colleagues with
courtesy and respect, avoiding abusive or deriding attitudes or behaviour. In particular,
officers must avoid favouritism of an individual or group; all forms of
harassment; victimisation or unreasonable discrimination; and overbearing
conduct to a colleague, particularly to one junior in rank or service.
4- Officers must never knowingly use more force than is reasonable,
nor should they abuse their authority.
5- Officers should be conscientious and diligent in the performance
of their duties. Officers should attend work promptly when rostered for duty.
If absent through sickness or injury, they should avoid activities likely to
retard their return to duty.
6- The police service is a disciplined body. Unless there is good and
sufficient cause to do otherwise, officers must obey all lawful orders and
abide by the provisions of legislation applicable to the police. Officers
should support their colleagues in the execution of their lawful duties, and
oppose any improper behaviour, reporting it where appropriate.
7- Information which comes into the possession of the police should
be treated as confidential. It should not be used for personal benefit and nor
should it be divulged to other parties except in the proper course of police
duty. Similarly, officers should respect, as confidential, information about
force policy and operations unless authorised to disclose it in the course of
their duties.
8- Officers must report any proceedings for a criminal offence taken
against them. Conviction of a criminal offence or the administration of a
caution may, of itself, result in
further action being taken.
9-Officers must exercise reasonable care to prevent loss or damage
to property (excluding their own personal property but including police
property).
10- Whilst on duty officers must be sober. Officers should not consume
alcohol when on duty unless specifically authorised to do so or it becomes
necessary for the proper discharge of police duty.
11-Unless police officers are on duties which dictate otherwise,
officers should always be well turned out, clean and tidy whilst on duty in
uniform or in plain clothes.
12- Whether on or off duty, police officers should not behave in a way
which is likely to bring discredit upon the police service”.
Chapters Twelve to Eighteen of the book Police Corruption deal with New York’s police corruption. In the New York Police Department, bribery, especially among narcotics officers, was extremely high.
Campbell describes in Chapter 19, the dark side of the New York police
even since 1914, when alcohol manufacturing was prohibited in the United States
and police took bribes from bootleggers and criminal organisations. By 1970 New
York police were so corrupt that the public insisted on government action and the Knapp Committee was
set up to examine and report on police corruption. The Mollen Report in 1974 stated that such corruption went hand in hand
with police brutality. Commissioner Mullen stated that whilst police
corruption was usually about money or valuables, police brutality was an abuse
of power “and the distinction between them could sometimes be unclear”. The
Report stated that those police officers who were “taking money will more
typically be the ones that are giving beatings” and analysed a sample of 234
corrupt police officers in New York.
Chapter 19 of the book Police Corruption, is devoted to
Australian Police Corruption. In discussing Australian police corruption,
Campbell cites just one Australian case, that being The Queen v Rogerson [1992] 174 CLR 268 FC 92/021 (1992) 60 A (Crim)
R.429), a case of police corruption in a drugs crime prosecution.
Campbell’s book facilitates public
awareness of police corruption. In New
South Wales, police corruption was endemic, and led to the establishment of the Royal Commission into the New
South Wales Police Service in 1994 to
investigate the existence and extent of corruption. The Royal Commission’s 1997
six- volume final report stated that there was so much police
corruption, that they recommended the
establishment of a permanent Commission to investigate serious police
misconduct.
The concluding Chapter of Police Corruption , Chapter 20, links the essential factors of police corruption found in New York, New South Wales and the London Metropolitan Police. Campbell states that there are similarities in the unlawful behaviour that is corruption in the Criminal Investigation Departments. He advocates the teaching of ethics to police recruits, and more effective supervision.. Campbell opines “any abuse of power which results in what most people would regard as unfairness, should be recognised as corrupt”.
ENDS
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