CODE | CRI0104 | ||||||||||||||||
TITLE | Powers, Duties and Professional Standards of the Police | ||||||||||||||||
UM LEVEL | 00 - Mod Pre-Tert, Foundation, Proficiency & DegreePlus | ||||||||||||||||
MQF LEVEL | 4 | ||||||||||||||||
ECTS CREDITS | 4 | ||||||||||||||||
DEPARTMENT | Criminology | ||||||||||||||||
DESCRIPTION | The study-unit delves into various aspects of police powers, regulations, ethical considerations, and professional standards within the framework of human rights and legal requirements. Starting with the European Convention of Human Rights (ECHR), fundamental rights such as the right to life, privacy, fair trial, and freedom from torture are examined alongside the extent of powers applicable to Police Constables. The study-unit highlights the regulation of police powers through legislation, professional standards, and the Police Act. Procedures for planning and making an arrest are outlined, covering powers of arrest, cautioning, rights of the arrested person, risk assessment, use of reasonable force, and recording the arrest. The rules and ethical considerations relating to the use of force during arrests and detentions are emphasized. The concept of 'stop and search' is defined, emphasizing the importance of ethical, fair, and effective implementation, considering the potential impact on individuals and the community. Conscious and unconscious bias, limitations, and alternative interventions are discussed, along with procedures post-search. The necessity to use the least level of power necessary for a lawful aim is stressed, along with the use of discretion in policing, balancing the effects and implications of police powers. Governance and professional standards, including roles and responsibilities of the Public Service Commission (PSC) Board and disciplinary procedures, are addressed. The importance of maintaining professional standards in both professional and personal life is emphasized, discussing areas where professional standards may impact personal life, such as social media use, personal relationships, and financial stability. Transparency in policing, ethical considerations in finance, and the role of the Professional Standards Office and Integrity Officer in dealing with public complaints effectively are also covered. Overall, the study-unit provides a comprehensive understanding of police powers, ethical considerations, and professional standards, emphasizing the importance of upholding human rights, transparency, and accountability in policing practices. Study-Unit Aims: - The European Convention of Human Rights, including History, principles, and legal framework with particular focus on the right to life, privacy, community participation, peaceful assembly, the presumption of innocence, fair trial and freedom from torture and ill-treatment, freedom of thought, conscience and religion, the right of a person in police custody and the right not to be discriminated; - Powers applicable to Police Constables, including how police powers are regulated through legislation, in particular the Police Act – Chapter 164 (Schedule 2); - Procedures for planning and making an arrest, including the powers and procedures of arrest and rights of the arrested person, rules relating to 'stop and search', ‘use of force’ when arresting and/or detaining persons and alternative interventions as well as the use of discretion in policing; - Governance mechanisms, including legislation and professional standards and roles in both professional and personal life and responsibilities of different entities and positions within the police force; - Issues of transparency, integrity and ethical considerations and dealing with public complaints. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: - Explain the European Convention of Human Rights on the powers, duties and standards of the police; - Define procedures and rules for caution and arrest; - Describe the powers to stop and search a person; - Explain police powers and procedures; - Discuss relevant governance, responsibilities and the necessity for maintaining professional standards in policing. 2. Skills: By the end of the study-unit the student will be able to: - Apply the powers, duties and standards of the police with regards to the European convention on Human Rights; - Apply the Police Act legislation to police work; - Apply the procedures and rules for caution and arrest; - Apply appropriate powers to stop and search a person; - Exercise police powers and procedures fairly and without bias; - Operate within the context of relevant governance, responsibilities and professional standards in policing. Main Text/s and any supplementary readings: Main Texts: - European Convention of Human Rights (Council of Europe). - Police Act (Chapter 164 of the Laws of Malta). - Grieve, J., Harfield, C., & MacVean, A. (2007). The Function and Role of the Police. In Policing (p. 19). London: SAGE Publications Ltd. - Grieve, J., Harfield, C., & MacVean, A. (2007). The Study of Policing: A Brief Introduction. In Policing (p. Policing, 2007). London: SAGE Publications Ltd. - Joyce, P., & Laverick, W. (2023). History of Policing, Crime, Disorder, Punishment (1st ed.). Cham: Springer International Publishing AG. - Kilgallon, M., & Wright, M. (2022). Behavioural Skills for Effective Policing: The Service Speaks (1st ed.). St Albans: Critical Publishing. - MacVean, A., & Spindler, P. (2013). Handbook of Policing, Ethics and Professional Standards (1st ed.). London: Routledge. Supplementary Readings: - Constitution of Malta https://legislation.mt/eli/const/eng. - Human Rights Standards and Practice for the Police – OHCHR https://www.ohchr.org/sites/default/files/Documents/Publications/training5Add3en.pdf. - Universal Declaration of Human Rights – UN https://www.un.org/en/about-us/universal-declaration-of-human-rights. |
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ADDITIONAL NOTES | Pre-requisite Qualifications: 4 Ordinary level qualifications (including Maltese and English) OR Extended Diploma in Foundation Studies for Security, Enforcement and Protection Law. | ||||||||||||||||
STUDY-UNIT TYPE | Lecture and Tutorial | ||||||||||||||||
METHOD OF ASSESSMENT |
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LECTURER/S | Trevor Calafato (Co-ord.) Alexandra Mamo Herman Mula Clayton Paul Silvio Michael Vella |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2025/6. It may be subject to change in subsequent years. |