Newham Community Constabulary
Newham Community Constabulary, formerly called Newham Parks Constabulary, was a very small non-Home Office constabulary responsible for patrolling the 52 parks and open spaces covering 1.63 square miles in the London Borough of Newham.
Newham Parks Constabulary was established in 1998, with thirteen constables headed by a Senior Parks Constable. In 2001, following the departure of the Senior Constable, the new grade of Sergeant was created and three constables promoted to it. In 2004 the service was reformed by the Newham Council, headed by Sir Robin Wales in the newly created office of directly elected mayor. The service was renamed the Newham Community Constabulary and an Inspector was appointed to head the service. In July 2009 the Constabulary was disbanded.[1]
The service had forty employees: one Inspector, six Sergeants, and thirty three Constables. Members of the constabulary were sworn as constables under section 18, Ministry of Housing and Local Government Provision Order Confirmation (Greater London Parks and Open Spaces) Act 1967. This gave the constables the powers and privileges of a constable to enforce by-laws in relation to parks and open spaces under their control. They had no constabulary powers to enforce criminal law and should not have been be mistaken for police officers. Once they left the clearly identified parks areas, they had no legal powers to enforce by-laws, indeed an official report into their activities concluded that "Even in the parks they cannot arrest for offences under other legislation such as the Theft Act or the Criminal Damage Act – other than as a private citizen."[2]
Any serious incidents and crimes in the parks were dealt with by the Metropolitan Police Service.
Following a number of allegations into corruption, racism and abuse of non-existent police powers the constabulary was subject to an investigation. An official report identified that the use of titles such as sergeant and constable was misleading as members of the service are council workers rather than police officers and it has been recommended that those titles are changed to reflect their actual status and powers. An official report concluded that those responsible for Parks Constables need to be careful that their staff do not describe themselves as police or that any uniform they wear is not so similar to that of the Police to cause confusion in the minds of the public. This comment was echoed by Liberty, who felt that the use of police forms by those council employees might cause members of the public to confuse them with police officers.[3]
Contrary to the above the London Borough of Newham sought Queens counsels advice in 2007, the QCs advice stated that Newham Parks Constabulary had the status of a specialised Police force and has the powers and privileges of a constable within Section 24 of PACE within its jurisdiction and 24a outside of its jurisdiction.The previous internal report was completed by a council solicitor without any research into the meaning and the status of attested constables in law.There have now been subsequent updated pieces of Queens Councels advice in relation to the Status of Parks Constables, which again have confirmed that Parks Constables have the status of Constable within the Police and Criminal Evidence Act to enforce bye laws regulations and all enactments relating to open spaces. In 2012 the High court Appleal with regard to the London Borough of Redbridge employment tribunal case relating to the Redbridge Parks Police (available on line) confirmed that Parks Constables have the same status as home office police Constables alongside their status of council employees with regard to employment legislation and again confirmed that they have powers under the Police and Crimminal evidence Act 1984 and the powers of a Constables under common law. Parks Constabulary's in London can refere to themselves as Parks Police because there is no legal office of Police Officer only the office of Constable, the word Police describes the function performed and not the office held so there would be nothing unlawful in using the word "Police" nor would it be unlawful to use the titles Sergeant or Inspector as they are attested Constables in law.
unfortunately there seems to be some ill-informed opinions with regard to the powers of Parks Constables and their powers in recent years these questions have been legally clarified by Queens Councels advice and the High court in 2012 who clarified Parks Constables are Constables in relation to the Police an Criminal Evidence Act 1984. In a nut shell Parks Constabularies are specialised Police Forces who have the powers of a constable under the Police And Criminal Evidence Act 1984 as amended by SOCPA 2005 within their jurisdiction to enforce byelaws regulations and all enactments relating to open spaces under their control their power to use force is defined in Section 3 Crimminal Law Act 1967 and 117 of PACE, outside of their jurisdiction they can use Section 24a of the Police and criminal evidence Act 1984 and powers available under common law. Parks Constabularies may refere to themselves as Parks Police and use the ranks structure relevant to any other non home office Police force.
References
- ↑ "Blue Wales". Private Eye 1242. 7 August 2009.
- ↑ "Newham Community Constabulary Management and Operation (report summary)" (PDF). Newham Borough. Oct 2005. Retrieved 2007-12-20.
- ↑ Brown, Carl (19 November 2006). "Stop and search warning". East London and West Essex Guardian Series. Retrieved 4 June 2010.