State police in a state of change : remaking the entrepreneurial officer

Questions concerning how to govern police practice have never been more pressing or more fluid. This study locates contemporary developments in police accountability techniques within a broader analysis of the historical circumstances shaping the changing techniques for governing police. The recent pluralisation of police accountability pr.ocesses and structures is examined through the application of governmentality studies. Drawing on a comparative analysis of two Australian States the book provides a detailed account of the development of governmental techniques for 'making up' the entrepreneurial officer. While such a governmental project is not implemented unproblematically the book concludes that the attempt to shape the development of the entrepreneurial officer through the managerialisation of governing presents distinct possibilities for a new 'politics of policing' that fosters deliberative and reflective police practice.

Policing in cool and hot climates: legitimacy, power and the rise and fall of mass stop and search in Scotland

Prior to the amalgamation of Scotland’s eight police forces into Police Scotland in 2013 by the Scottish National Party government, Scottish policing generally enjoyed a ‘cool’ political climate, with low scrutiny and minimal political engagement. This paper argues these conditions hindered the critical interrogation of Scottish policing, allowing a policy of unregulated and unfettered stop and search to flourish unchallenged for two decades. We then show how this policy was swiftly dismantled in the ‘heated’ environment that followed centralization, a move that gave rise to the unprecedented scrutiny of Scottish policing by media and political commentators. The analysis suggests that the legitimacy and reputation of the police may owe a debt to political environments that encourage either ‘soft’ or ‘hard’ analysis. Also, that more heated political environments, often disparaged by academics and criminal justice practitioners, can drive accountability and contribute to more progressive outcomes.

The perennial problem of police gratuities : public concerns, political optics, and an accountability ethos

Despite the perennial nature of the problem of gratuities in considerations of police ethics, many prior analyses of this issue have rested on anecdotal, piecemeal or hypothetical considerations.. This paper draws on a unique sample of actual complaint cases involving gratuities, providing evidence of a range of public concerns about the problem. Gratuities are analysed and contextualised by reference to the concept of conflict of interest, which draws attention to the potential for the performance of public duty to be tainted in fact or appearance. In either case, public trust in the integrity of the police is damaged, giving rise to "political optics" as a key problem with gratuities.  The paper argues that an accountability ethos must be developed to promote active responsibility and a preparedness to prioritise the public interest in policing.

State police in a state of change: remaking the entrepreneurial officer

We are currently at a point in time in Australia where questions concerning how to govern police have never been more pressing or more fluid. Systemic corruption has been identified in several states; a range of new accountability mechanisms have been established internal and external to police and in Victoria police corruption has been linked with a violent 'gangland war'. This thesis locates these contemporary developments within a broader analysis of the historical circumstances shaping the changing techniques for governing state police. More specifically, this thesis engages in a detailed comparative study of the changing techniques of governing police in Queensland and Victoria. The theoretical tools to conduct this analysis are drawn from 'governmentality studies'. This refers to a broad grouping of theoretical scholarship concerned with the changing ideas - or 'political rationalities' - on how to govern some thing or some activity, and the underlying reasoning, justifications and ambitions contained within the practical tools or 'techniques' used to govern. Central to the thesis is an argument that a new politics of policing has emerged recently, one that extends the dyad of the old accountability - 'police powers' and 'external accountability' - to a pluralisation of accountability processes and structures. The thesis argues that governmentality studies offer new insights into ways of analysing the techniques for governing state police, increasingly shaped by the managerialisation of governing and embodying efforts to make police innovative, risk-taking problems-solvers. This is what I refer to as an open-ended normative project for re-making the entrepreneurial officer. However, a detailed examination of the development of governmental techniques for 'making up' the entrepreneurial officer indicates that such a governmental project is not implemented unproblematically. Nonetheless, the thesis concludes that the attempts to remake the entrepreneurial officer through the managerialisation of governing presents distinct possibilities for a new 'politics of policing' that fosters deliberative, reflective police practice within a new framework of police accountabilities

Simmel, the police form and the limits of democratic policing

© 2015 The Author. I argue that the social theory of Georg Simmel can be used to illustrate certain limitations to the potential of democratic policing. Simmel makes a number of claims about trust, secrecy and accountability that are shown to have immediate relevance to my empirical case study of police-public consultation forums in Edinburgh, Scotland. Two particular aspects of the 'form' of the police-public relationship-the police's command of non-negotiable force and inequality in the reciprocity of information-play a key role in limiting some of the principal aspirations of democratic policing theory. There are permanent barriers to improving the democratic credentials of the police I argue, yet positive and progressive change is still achievable.

Revisiting the Tasty raid: lesbian and gay respectability and police legitimacy

This article extends beyond analysis of homophobic police practices at the Tasty raid that took place in Melbourne in 1994 to explore the ways in which queer politics interact with constructions of ‘respectability’ in the contexts of criminalisation, policing and state protection. I argue that the successful construction of legitimate victimhood by lesbian and gay Tasty patrons (achieved largely through signifiers of middle-class respectability and the paradigm of sameness) impeded police efforts to control media narratives and secure legitimacy in the aftermath of the Tasty raid. The formal apology issued by Victoria Police in 2014 indicates that the Tasty raid was considered a significant enough stain on police reputation to warrant addressing two decades after the event itself. I consider the apology as an attempt to cleanse and redeem the institution of the negative image of police resulting from the Tasty raid. This case offers unique insights into some of the ways in which lesbians and gay men may achieve legitimacy as victims in a heteronormative context and how this might come at the cost of a structural analysis of sexuality, power and violence. It also highlights how state institutions navigate and avoid accountability to a specific and historically targeted group.

Black and white is always grey-the power of the police to conduct a strip search in Victoria

The performance of a strip search by a police officer is a serious interference with the liberty and dignity of an individual. However, it is considered by police to be an important part of their law enforcement armory and one that is increasingly necessary to utilise to assist in the investigation and prosecution of drug-related crimes. This article considers the troublesome issue of whether and in what circumstances the common law may extend to police the power to conduct a strip search. In addition, there is an examination of the statutes and regulations that purportedly give police in Victoria the power to strip search with particular attention given to ss 81 and 82 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic).

Accountability, completeness, credibility and the audit expectations gap

This article deals with two concerns in achieving greater accountability in social reports: the lack of completeness of reporting, and the lack of credibility of reports. The article focuses, in particular, on the role of social audits in improving the completeness and credibility of reporting, thereby reducing the audit expectations gap. We suggest that this gap arises due to an over-emphasis on the validity of performance data at the expense of addressing completeness and credibility, both of which, we argue, require stakeholder involvement. The article reviews recent guidelines aimed at ensuring that companies produce reports that are complete in all material respects including those produced by the Global Reporting Initiative and the Federation des Experts Comptables Europeens, focusing particularly on AccountAbility's AA1000 Standard and AA1000S Assurance Standard. Finally, the article considers the development of a practical approach to social audit following principles increasingly being incorporated into developing assurance guidelines aimed at reducing the audit expectations gap.

Police perceptions of interviews involving children with intellectual disabilities: a qualitative inquiry

This study employed a qualitative method to explore the experiences of 20 police officers when interviewing children with intellectual disabilities. Three main themes were interpreted as representing challenges to the officers when interviewing special-needs children: police organizational culture, participants' perceptions of these children as interviewees, and prior information. Participants in this inquiry mentioned poor organizational priority within the police force for child abuse cases and children with intellectual disabilities, as well as inadequate support for interviewing skills development and maintenance. Participants also attempted to equalize these children by interviewing them in the same way as their mainstream peers. Finally, participants viewed interview preparation as influential in determining an interview's successful outcome, but recognized that preparedness could bias their interviewing techniques. Increased attention towards these issues will provide a basis for developing strategies to minimize such challenges and thus improve the quality of interviews with children with intellectual disabilities.

Some care, little responsibility? Promoting directors'and managers' legal accountability for Occupational Health and Safety in the workplace

Health and safety at work remains a serious and under-recognised problem in Australia. This paper argues for the importance of increasing the individual responsibility and accountability of senior managers and directors of corporations for the development and maintenance of occupational health and safety (OHS) standards in the workplace. In order to do so, the paper first sets out the range of statutory and general law duties and liabilities to which directors and senior managers are subject, considers to what extent these obligations have relevance in the OHS area and argues for the extension of these duties and liabilities in some circumstances. The paper then goes on to argue for a better legislative model for the legal responsibility of managers and officers, supported by the increased prosecution of individuals in appropriate circumstances, as well as acknowledging the benefits of a broader range of non-legal strategies to improve board level commitment to OHS that will influence corporate compliance overall.

The trouble with woon: the selective answering of police questions and the right to pre-trial silence

The 1964 High Court decision in Woon v The Queen is commonly understood to permit the drawing of an inference of a ‘consciousness of guilt’ when a suspect selectively responds to police questions. It is the author’s contention that, in the light of the emphatic endorsement of the right to pre-trial silence by the High Court in 1993 in Petty v The Queen; Maiden v The Queen, Woon should now be regarded as bad law and should no longer be followed.