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”
The important question every officer should ask themselves is if the method used to resolve a problem or the outcome more important to them. This is an ethical dilemma that tests every officer because of their influence on society — both the legal and anarchic. How an officer deals with a predicament says whic...
Federal Commerce & Navigation Co Ltd v Tradax Export SA (The Maratha Envoy) [1978] AC 1
Legislation and regulation: Governments may prevent or allow the sale of Primark’s clothes based on product features, like provenance, materials, and so
As taught in the lectures, it is impossible for police officers to win the war against crime without bending the rules, however when the rules are bent so much that it starts to violate t...
On a large scale, police officers have been accorded the legitimacy to exercise their own free will while making decisions about their line of work. Police discretion can be described as responsibility bestowed to a police officer mandating them to make an individual choice regarding the best course of action that can be taken when exercising their duties. To some extent, this has been viewed as being favourable when police officers are on duty, but in the event that this happens, then it is arguable whether this discretion can result in misdemeanours. This paper attempts to elaborate on the debate whether police discretion is good or bad and the image that it portrays on police officers in case this position is violated. In light of this,
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...
Crank & Caldero (2004) discuss the notion of the noble cause that is widely used by police officers to justify their actions. Police officers feel that there are many obstacles that prevent them to do their job efficiently. They claim that courts only hinder the process of putting criminals behind bars. They also believe that they are true patriots with a noble cause of getting rid of bad guys. To further prove their point Crank & Caldero (2004) use works of many authors, who wrote about police ethics and corruption and about how the noble cause is interpreted by police officers. Each of the authors discusses a dilemma with which polices officers have to deal when deciding what action they need to take in order to deal with criminals. Cumulatively, it seems that police conduct themselves towards criminals and citizens with hostility and with actions that maybe constituted as unlawful and corruptive in nature. But to the police officers, who are seeking justice and are driven by a noble cause, all means are good to get the bad guys. There is also a philosophical twist that puts a poli...
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.
Police officers are often confronted with the ethical dilemma of whether or not to accept gratuities. This dilemma is an aspect of police discretion and an example of the choices that officers are forced to make. Police officers have discretion when confronted with choices such as whether or not to charge an individual, how to handle certain situations, or whether to accept a gratuity. This purpose of this article is to inform readers that police discretion not only encompasses use of force, police profiling, or domestic violence responses, but that police officers also have discretionary choices when gratuities are offered to them. Should police officers accept a gratuity, or should they politely decline these offers? Based on a community policing style of policing, it is necessary to ensure that police officers do not accept gratuities because it is important that officers recognize everyone in the community, not just those who may offer gratuities. This is because accepting gratuities may lead to favoritism by the officer, it may have an unintended effect on the relationship between other members of the community, it may lead to corruption within the department, and overall treatment of officers to members of the community who do not offer gratuities.
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...
Police Officers Oath of Office and Code of Ethics, A Question of knowledge Richard W. Deshon (2000) retrieved from: www.emich.edu/cerns/downloads/papers/PoliceStaff/
Justices Gummow and Hayne similarly found that “the relevant intention is that manifested by the declaration of trust.” They added that there need not be any inquiry into the “subjective or ‘real’ intention of the settlor” as this is unnecessary for the establishment of a trust.
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.
as officers to serve and protect. Three possible solutions to this problem would be firing the
Police recruitment is very important to all law enforcement agencies; it seeks to recruit, select, train and maintain the best possible officers (Grant et al, 2012). This paper will give you the reader a general understanding of police recruitment and also discuss some of the problems happening in police recruitment; past and present, along with remedies to these problems.