FOI 120256
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 120256
I write in connection with your request for information which was received on 29th September 2021. Please find below the response to your request:
Please can you tell me if every Police Officer within your police force holds the Office of Constable? That is, has every police officer, sworn the following oath?
“I do solemnly and sincerely declare and affirm that I will well and truly service the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law”
If there is a variation of this oath, for say officers who do not hold the office of constable, and may be employees of a company carrying out police officer duties, what is that oath?
If there is a difference between police officers having sworn said oath, can you tell me the name and badge number of every office holding the office of constable within your force and what the ratio to those who haven’t please?
Do police forces, in any instant, use “hired help” such as security firms or employees of limited liability companies, and allow them dress in police uniforms and enforce the law? What safeguards and protocols are in place to protect the public if so?
What does it mean, to be policed by consent, I quote from the above referenced document: “The office of constable is fundamental to our system of politically independent policing by consent”.
In addition, can police officers holding the office of constable, and/or any other police officer/employee potentially impersonating a police constable, enforce legislation, acts and statutes?
Reply:-
All new officers start as Student Police Officers at the rank of constable, however officers can achieve higher ranks ie Sergeant, Inspector, etc
- Please can you tell me if every Police Officer within your police force holds the Office of Constable? That is, has every police officer, sworn the following oath?
All officers joining West Mercia under the initial entry routes are attested in the presence of a magistrate at the beginning of their initial training. This is what gives officers their powers of Constable.
This includes the Police Constable Degree Apprenticeship, Degree Holder Entry Programme, transferees and Special Constables. The oath undertaken is that detailed in the request below:
“I do solemnly and sincerely declare and affirm that I will well and truly service the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law”
- If there is a variation of this oath, for say officers who do not hold the office of constable, and may be employees of a company carrying out police officer duties, what is that oath?
We do not use any variation
- If there is a difference between police officers having sworn said oath, can you tell me the name and badge number of every office holding the office of constable within your force and what the ratio to those who haven’t please?
Not applicable as there is no variation used
- Do police forces, in any instant, use “hired help” such as security firms or employees of limited liability companies, and allow them dress in police uniforms and enforce the law? What safeguards and protocols are in place to protect the public ifso?
West Mercia do not use “hired help” such as security firms or employees of limited liability companies, and allow them dress in police uniforms and enforce the law.
- What does it mean, to be policed by consent, I quote from the above referenced document: “The office of constable is fundamental to our system of politically independent policing by consent”.
Section 17 of the Freedom of Information Act 2000 requires West Mercia Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies.
The exemption applicable to the information is:
Sec 21(1) Information Reasonably Accessible by Other Means
This is an Absolute, class based exemption.
The information that you require is already available on the Gov.UK website
https://www.gov.uk/government/publications/policing-by-consent/definition-of-policing-by-consent
- In addition, can police officers holding the office of constable, and/or any other police officer/employee potentially impersonating a police constable, enforce legislation, acts and statutes?
Fully empowered Constables who are attested cannot impersonate the office of constable as they legitimately are a constable and therefore have all powers granted to the role by statute and common law.
Anyone impersonating a police officer would not be acting within the law and potentially commits a criminal offence.