Legal Issue Arising From the Background
The matter of the re-enlistment of police officers has several legal issues, this paper will assess to what extent the doctrine of legitimate expectation can be used to ensure that both parties are satisfied. Some of the most glaring legal issue that arises from the background of this paper is the legitimate expectation of those police officers that were issued with letters indicating that their salaries was in fact not accurate up re-enlistment and that their salaries would have been adjusted accordingly, however; to date that has not been completed. It would appear that based on this that some expectation has been created.
The notion of Legitimate expectation was conceived as a procedural issue as outlined in the case of Schmidt v. Secretary of State for Home Office Affairs [1969] 2 CH 149, In this case , American students of scientology resident in the United Kingdom applied to have their stay extended but it was refused because the government objected to scientology. It was argued that Government acted unreasonably in refusing the application. Lord Denning suggested that it depended on whether the person had some right or interest or Legitimate expectation of which it would not have been fair to deprive him without a hearing what he has to say.
In the case of Council for Civil Service Unions v. Minister for Civil Service [1985] AC 374 at page 401 Lord Fraser said: “A legitimate expectation may arise either from an expressed promised given or on behalf of a public authority or from the existence of a regular practice which the claimant can reasonably expect to continue”
In the case of Kent Garment Factory v. The Attorney General of Guyana 46 WIR 176, the appellants were clothing ...
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...tions of Service for all police officers from Constables to Sergeant.
Based on the above policy it is clear that the Commissioner has the discretionary powers to determine the post and the salary of those re-enlisted officers from the rank of Constable up to Sergeant. According to Administrative Law no one person shall have such powers that cannot be questioned, hence; the officers have the right to question the autonomy of the Commissioner as it relates to re-enlistment practices and principles.
In the case of Hafizul Islam (Md.) v. Government of Bangladesh and Other (2002) Justice Amirul Kabir Chowdhury held that- “legitimate expectation to be enforceable shall have some legal basis. Mere wishful expectation without legal basis is not sustainable in the eye of law. When the action of the government is taken fairly showing reasons, it cannot be struck down”
What the author Elliot Spector concluded on the topic of Should Police Officers Who Lie Be Terminated as a Matter of Public Policy, is that there should be policies that are constantly reminded to the police officers. Ensure that the departments have the Honest Policy in place between the officers and the department. Mr. Spector, indicates that this topic will continued to be discussed because the departments need to interact with the Honesty Policy and Code of Conduct. The department needs to ensure that all the officers have a perfect understanding of the repercussions that can occur for the department and themselves when an officer has a record of lying. The most important aspect that Mr. Elliot makes
law is adequate” ( 41). If the government seems to think the laws are adequate on a
The process of police recruiting has undergone several radical changes in recent times due to the increasing political pressures on police to adequately reflect the diversity of Canadian society. These changes are the attempts to correct past wrongs of previous recruiting practices, which have led to the dominance of a white male presence in the police forces. During the 1970’s, the recruitment of white males became so systematic that recruiting officers often made petty attempts to recruit females and those of visible ethnic minorities. When these groups were recruited it was often to certain limited tasks, and they were paid less than others on the police force.
Federal Commerce & Navigation Co Ltd v Tradax Export SA (The Maratha Envoy) [1978] AC 1
...olving officers, officer transfers, disciplinary actions against officers, and various civil and criminal claims against individual officers or against the police department as a whole.
Lord Denning described estoppel succinctly as ‘a principle of justice and equity. It comes to this: when a man, by his words or conduct, has led another to believe in a particular state of affairs, he will not be allowed to go back on it when it would be unjust or inequitable for him to do so’ . Proprietary estoppel in turn is an informal method by which proprietary rights can arise. It can provide a defence to an action by a landowner who seeks to enforce his strict rights against someone who has been informally promised some right or liberty over the land. In turn it can be used as a defence or a cause of action. In order to show how the two doctrines are quite similar, a description of the elements of proprie...
...ll help to weed out the bad candidates from future police officer positions. The fight against corruption will be a long battle as the problems of yesterday, still remain today, with little to none improvement.
The distinction between an unfair prejudice petition and a statutory derivative action has always been in the nature of remedy sought by the claimant. This is arguably the point where a distinction is drawn as to whether a statutory derivative action or an unfair prejudice petition should be pursued. A d...
Thus, the purpose of this essay is to examine the debate of the two surrounding arguments where some have contended that an efficient and practical criminal justice system relies on police discretion as it allows the police to be flexible during times of scarce resources. Whereas, many scholars have explored the encompassing limits to this discretion such as issues of accountability, the ability to abuse such powers and perhaps the most precarious consequence of police discretion;
This paper will describe police power and police authority. I will also talk about police discretion as for as whom gets locked up and who is allowed to go free. This paper will discuss the different use of police force. In this paper I will also talk about police attitude, police misconduct, and physical abuse among police officers.
In conclusion, the theories that have been examined in this paper have proffered various ways in determining what makes a law valid. These theories are persuasive on varying levels, and hence are not perfectly conclusive on this point. However, an analysis of these theories have allowed me the appreciate the nuances between each theory, as well as appreciate the fact that legal theory is a lot more tolerant of conflicting theories as compared to other areas of legal study.
The focus is on the issues of police accountability in modern society, and in particular why their accountability is more important than other professions. This is not surprising considering the amount of power and discretion police officers have, and the level of trust that the public holds with these civil servants. Police officers accountability is the biggest thing in their profession which has been an issue of concern they have to be accountable to the police department who want the officer to be an effective and responsible person, to people in the community who have best expectation from an officer and being accountable to themselves for their acts. An ordinary citizen of a country cannot obtain the powers that police officer’s have.
level of Precedence and standards in the formation. The roles of the non-commissioned officer is
The Indian Police Act, 1861, as modified in 1912 has become outdated and obsolete. With the developing society, the act should be renewed or reviewed to meet the needs of the present day.
including courts; they cannot declare a statute invalid as seen in British Railways Board v Pickin4