The European Court of Human Rights court held in Gaughran v United Kingdom [2020] ECHR 144 that the police’s indefinite retention of DNA profile, fingerprints and photographs of person convicted of a minor offence without a possibility of review constituted an infringement of Article 8 ECHR (respect for private life). This is the latest in a number of cases where the ECtHR has disagreed with a decision of the Supreme Court and represents a further development of the meaning of “private life”.
The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and the similar (but not identical) regulations made in the other 3 nations of the UK (together, “the ‘Lockdown’ Regulations”) have been suggested by some to be unlawful (being ultra vires their parent statute) insofar as they purport to criminalise all those leaving the places where they are living, as opposed to merely those who may be infected. This blog examines the main arguments and explains the legal consequences if those arguments are right. Click here to continue.
The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and the similar (but not identical) regulations made in the other 3 nations of the UK (together, “the ‘Lockdown’ Regulations”) have been suggested by some to be unlawful (being ultra vires their parent statute) insofar as they purport to criminalise all those leaving the places where they are living, as opposed to merely those who may be infected. This blog examines the main arguments and explains the legal consequences if those arguments are right.
Circular 004/2015: away from home overnight allowance
This circular clarifies the circumstances in which the away from home overnight allowance may be paid.
The Secretary of State has agreed to amend the determination under regulation 34 of the Police Regulations 2003 (Annex U – Allowances) to clarify the intention of the Away from Home Overnight Allowance.
The Away from home overnight allowance was introduced in 2012 following national negotiations and arbitration on Winsor recommendations 11, 12 and 13 (Part 2). The Home Secretary accepted the Police Arbitration Tribunal’s (PAT) proposals for a modified form of the recommendations, setting out new arrangements for officers serving away from their normal place of duty (including on ‘mutual aid’ in another force area). Home Office circular 010/2012 refers.
To remove any scope for misinterpretation, these amendments have been made to provide further clarification of the circumstances in which the allowance should be paid, aligned with the PAT recommendation. These amendments do not alter the intention of the original determination.
The amendments are attached to this circular and are effective from 1 March 2015.
Circular 001/2019: Implementation of the police pay award 2018 to 2019
Implementation of the police pay award 2018-19; starting salaries for Police Constable Degree Apprenticeships; time-limited and targeted payments for hard to fill and demanding superintending roles; and changes to annual leave entitlements for Direct Entry inspectors and chief officers.
Police pay award 2018-19 and starting salaries for Police Constable Degree Apprenticeships
This circular publishes amendments to determinations made under the Police Regulations 2003, to implement the police pay award for 2018-2019. This applies to all police officers in England and Wales.
On 24 July 2018, the Home Secretary announced his decision in relation to the recommendations of the Police Remuneration Review Body (PRRB). The statement is available here: https://www.gov.uk/government/news/police-to-receive-2-pay-increase-in-2018-19
The pay award takes effect from 1 September 2018 and includes:
a 2% consolidated increase in basic pay for all ranks
a 2% increase to London Weighting
a 2% increase to the Dog Handlers’ Allowance
The Home Secretary also announced his decision on starting salaries for Police Constable Degree Apprenticeships. With effect from 1 September 2018, constables appointed on a Police Constable Degree Apprenticeship scheme should be appointed on a salary of between £18,000 and pay point 1 on the prevailing constables’ pay scale. Subject to satisfactory completion of year 1 of the Police Constable Degree Apprenticeship, those being paid an amount equal to pay point 1 on the prevailing constable pay scale during their first 12 months of service should be moved to pay point 2. All others should be moved to pay point 1.
The amendments to Annex F and U are attached to this circular.
Time-limited and targeted payments for hard to fill and demanding superintending roles
On 12 September 2018, the Home Secretary announced that he had agreed to support the introduction of new discretionary bonus payments of up to £4,000 a year for officers in hard to fill roles in the federated ranks, and demanding roles in the superintending ranks. Chief constables have the flexibility to backdate these to 1 September 2017. These payments will cease on 30 September 2020.
Annex U has been amended to provide chief constables with the flexibility to make this payment. The Police Consultative Forum has developed guidance to assist forces and a copy is attached to this circular.
Annual leave entitlements for Direct Entry inspectors and chief officers
Current arrangements for police officer annual leave are based upon length of service for the federated ranks. Determinations have been amended so that with effect from 1 January 2019, Direct Entry inspectors will join the service with an entitlement which is equivalent to an officer with four years’ service. This increased entitlement should be pro-rated for those who are part way through their annual leave year.
As part of a package of measures to increase transparency around chief officer employment and remuneration, chief officers are now entitled to a standardised 35 days annual leave policy. This represents a change from previously unclear and inconsistent arrangements.
Annex O has been amended to reflect these changes. Amendments have also been made to Annexes E and H with associated changes to chief officer rest days, public holidays and carry over of annual leave.