A Survival Guide for Decent Folk

An anonymous policeman blogger who has targeted the force and Government ministers was unmasked today after the High Court ruled against keeping his identity secret. Refusing a temporary injunction to prevent a newspaper from identifying the serving detective constable - who goes by the name of Night Jack - Justice Eady said that "blogging is essentially a public rather than a private activity".

For over a year, police detective 'Jack Night' chronicled his working life in an unnamed UK town on his remarkably frank blog Night Jack. His scathing and revealing posts on the reality of policing in Britain have won him an Orwell Prize. Now his ID has been exposed and he has received a written warning from his Force.



Today, the blogger was named as Richard Horton, 45, who serves with Lancashire Constabulary. Mr. Justice Eady also ruled that any right of privacy on the part of the blogger would be likely to be outweighed by a countervailing public interest in revealing that a particular police officer had been making such contributions. Mr Horton's counsel, Hugh Tomlinson QC, submitted that there was a public interest in preserving the anonymity of bloggers.


Richard Horton

The Judge ruled that the mere fact that Night Jack wished to remain anonymous did not mean either that he had a reasonable expectation of doing so. He added: "Those who wish to hold forth to the public by this means often take steps to disguise their authorship, but it is in my judgment a significantly further step to argue, if others are able to deduce their identity, that they should be restrained by law from revealing it." He said that Night Jack's blog mostly dealt with his police work and his opinions on a number of social and political issues relating to the police and the administration of justice.

Well I found his Blog compelling and every time Police complain of their hands being tied by “Bureaucracy” I remind myself that no too long ago their word was law when given in evidence in Court. So much so that a former Lord Chief Justice, Lord Denning, said it was better that Irish defendants should go to jail than he should concede their Appeal on evidence otherwise he would open up “an appalling vista” of Police corruption. Well due to the good work of West Midlands Police and Surrey Constabulary in the Birmingham 6 and Guilford 4 cases this appalling vista was well and truly opened up and the Police threw away public trust.



Indeed the recent comments by Suffolk’s Chief Constable that he would hold public order defendants in cells for 24 hours even though they had no intention of charging them shows the Police willingness to go to the edge of legality and beyond and use detention in Police cells to pressurise and intimidate defendants. I know of a complainant who was pressurised to pursue a complaint she wanted to withdraw by an ambitious newly promoted Police Sergeant and told that they would deliberately arrest and keep the other party in Police Cells over a weekend to ensure they would “crack.”



So I think Night Jack has done a public service with his Blog and in the interest of Blogging Freedom (Freedom FROM the Press) I reprint in full his Blog on A Survival Guide for decent folk, which uncannily echoes the Police Federation’s own advice to Police Officers facing internal investigation “Do not co-operate, say nothing, ring the Federation’s Solicitor, complain.”

Night Jack’s Blog has now been taken down on Wordpress.

www.nightjack.wordpress.com

A survival guide for decent folk.

In these days of us increasingly having to deal with law abiding folk who have fallen foul of the “entitled poor” and those who have learned how to use us to score points and exact revenge, I thought it would be a good idea to give out a bit of general guidance for those law abiding types who find themselves under suspicion or under arrest. It works for the bad guys so make it work for you.

Complain First

Always get your complaint in first, even if it is you who started it and you who were in the wrong. If things have gone awry and you suspect the cops are going to be called, get your retaliation in first. Ring the cops and allege for all you are worth. If you can work a racist or homophobic slant into it so much the better.



Make a counter allegation

Regardless of the facts, never let the other side be blameless. If they beat you to the phone, ring anyway and make a counter allegation against them. Again racism or homophobia are your friends. If you are not from a visible minority ethnic culture, may I suggest that that the phrase “You gay bastard” or similar is always useful. In extremis allege sexual assault. It gives us something to bargain with when getting the other person to drop their complaint on a quid-pro-quo basis.

Never explain to the Police

If the Police arrive to lock you up, say nothing. You are a decent person and you may think that reasoning with the Police will help. “If I can only explain, they will realise it is all a horrible mistake and go away”. Wrong. We do want to talk to you on tape in an interview room but that comes later. All you are doing by trying to explain is digging yourself further in. We call that stuff a significant statement and we love it. Decent folk can’t help themselves.

Admit Nothing

To do anything more than lock you up for a few hours we need to prove a case. The easiest route to that is your admission. Without it, our case may be a lot weaker, maybe not enough to charge you with. In any case, it is always worth finding out exactly how damning the evidence is before you fall on your sword. So don’t do the decent and honourable thing and admit what you have done. Don’t even deny it or try to give your side of the story. Just say nothing.



Keep your mouth shut

Say as little as possible to us. At the custody office desk a Sergeant will ask you some questions. It is safe to answer these. For the rest, say nothing.

Claim Suicidal Thoughts

A debatable one this. Claiming to be thinking about topping yourself has several benefits. If you can keep it up, it might just bump up any compensation payable later. On the other hand you may find yourself in a paper suit with someone watching your every move.

Always, always, always have a solicitor

Duh. No brainer this one. Unless you know 100% for sure that your mate the solicitor does criminal law and is good at it, ask for the Duty Solicitor. They do criminal law and they are good at it. Then listen to what the solicitor says and do it. Their job is to get you off without the Cops laying a glove on you if at all possible. It is what they get paid for. They are free to you. There is no down side. Now decent folks think it makes them look like they have something to hide if they ask for a solicitor. Irrelevant. Going into an interview without a solicitor is like taking a walk in Tottenham with a Rolex. Bad things are very likely to happen to you.



Actively complain about every officer and everything they do

Did they cuff you when they brought you in? Were they rude to you? Did they racially or homophobically abuse you? Didn’t get fed? Cell too cold? You are decent folk who don’t want to make a fuss but trust me, it pays to whinge and no matter how trivial and / or poorly founded your complaint there are people who will uncritically listen to you and try and prove the complaint on your behalf. Some of them are even police officers.

Show no respect to the legal system or anybody working in it

You think that if you are a difficult, unpleasant, sneering, unco-operative and rude things will go badly for you and you will be in more trouble. No sirree Bob. It seems that in fact the worse you are, the easier things will go for you if, horror of horrors, you do end up convicted. Remember to fake a drink problem if you haven’t developed one as a result of dealing with us already. Magistrates and Judges do seem to like the idea that you are basically good but the naughty alcohol made you do it. They treat you better. Crazy I know but true.

So there you go, basically anything you try and do because you are decent and straightforward hurts you badly. Act like an habitual, professional, lifestyle criminal and chances are you will walk away relatively unscathed. Copy the bad guys; it’s what they do for a living.

Fair Coppers?

Jan Berry - Blindin' Diamond Geezer?


Jacqui Smith - Right Bad Egg?

Regular Blogistas will know I’m not the current Home Secretary’s biggest fan but even I was driven to sympathise with her on the churlish Section House behaviour she received from the Coppers Protection League otherwise known as the Police Federation. Here was the snide introduction by the outgoing Secretary of the Federation, Jan Berry, who represents those blameless souls, the Constables of the United Kingdom who stay awake at night thinking of nothing else other than our well being and safety:

“At my first conference, I introduced the opportunity to ask questions of the Home Secretary. Although some Home Secretaries have subsequently regretted it – the session has been an important and healthy exchange of views. Home Secretary - I admire your courage. You didn’t have to come here today and I know conference will treat your office with the respect it warrants. I am sure when your Private Secretary reminded you of today’s event you felt like reaching for the nearest stab proof vest - and perhaps slipping into old habits and lighting up to calm your nerves…”

Now this is from the lady who is leader of the Police Federation, the organisation that represents those blameless souls, the rank and file police officers. Perhaps Jan Berry could tell us why it is that, no matter what outrages are committed against members of the public be it dying in police custody whilst officers make monkey noises or some lesser outrage her members are rarely found guilty of anything or disciplined. I would genuinely like to know, I have made no pre judgements, but it certainly raises the possibility that there is one law for the constabulary, and one for everyone else.

It may well be so that the police are overwhelmed by paperwork, although a recent documentary featuring undercover filming of the Leicestershire police force showed junior officers (presumably members of Ms Berry's organisation) wasting their own time, and using paperwork as an excuse to stay in the station rather than going out dealing with incidents. This kind of thing certainly suggests that some police officers think they are a law unto themselves. What is more worrying is that they are confident that the culture of the organisation will protect them. None of this, I am afraid, inspires confidence in the public or politicians. Ms Berry may be too young to remember why the police are deluged by paperwork and general bureaucracy. It stems from the realisation which dawned some thirty to forty years ago that some police officers were routinely corrupt, abused their powers and made up statements and other evidence. Indeed many of these incidents which led to PACE (Police and Criminal Evidence Act) happened to involve Irish Terrorist defendants. The bent coppering which led to PACE had two effects, the innocent were imprisoned whilst the guilty were not and the “intelligence” leads which the police had were useless, making life more dangerous for all of us.

Community Copper

Should Ms Jan Berry or anyone else suggest ways in which these tendencies can be monitored and controlled without resort to massive paperwork and bureaucracy, then they should share their ideas as widely as possible. But it is within living memory that a Lord Justice of Appeal, Lord Denning, openly said it was better to send (Irish) defendants to jail than “open up the appalling vista” that the Police routinely fabricated evidence. Well the appalling vista was well and truly opened up and judging by conviction rates the Police are not coping too well with having to tell the truth.

Consider the appalling background to Crime and Policing in the UK set out by the pressure group “Police Reform” which Jacqui Smith and any Home Secretary would have to deal with;

“Crime is high by international and historical standards. The Government’s claims to have reduced crime are not borne out by reality. Substantially increased spending on the police has not been matched by corresponding reductions in crime, indicating that productivity has fallen and the public have received poor value for money. The fight against crime is a challenge for the whole criminal justice system and for society as a whole. But effective Policing has a vital role to play.”


A Patch - historic photo

“Crime today is almost ten times its level per 100,000 of the population than in 1950. People in England and Wales are the most likely to be victims of crime of any developed country, except only for Australia. The UK is the most burgled country in the European Union, with the highest levels of assault crime. The Government claims that crime measured by the British Crime Survey has fallen, yet the British Crime Survey massively underestimates crime. It covers only half of recorded crime and ignores murder, rape, fraud, crimes against under-16s, commercial crime including shoplifting, and crime where there is no direct victim such as drugs dealing. Estimates suggest the true figure of crime in England and Wales is roughly three times the level indicated by the British Crime Survey. Since 1997-98 total recorded crime has increased from 4.5 million to over 5.5 million crimes a year, an increase of approximately 22 per cent. The Government claims that changes in the way crime is recorded have caused this, but steep increases in crimes such as robbery and violence against the person cannot be explained by changes in the counting rules. Britain now spends more on law and order as a proportion of GDP than any other OECD country, nearly two-thirds of which goes to the police, costing each household in England and Wales £550 a year.”

It is not just that we spend so much on policing but we get so little for it due to the restrictive “Spanish Practices” of the Police Federation, although the Spanish will complain that they have moved on.

Richard Barnbrook BNP London Leader supporting Fair Coppers - 23rd January 2008

As police stations have closed and foot patrol has given way to modern policing methods, the police have become increasingly alienated from the public. The way to rebuild public confidence and tackle crime is to have police officers on the streets. But the reintroduction of community policing has been inadequate. Record numbers of police have not been reflected in officers on the beat, and key Government programmes such as promised Police Community Support Officers and the national non-emergency number have been scaled back.

It's a stressful job, innit?

What Jan Berry’s members have represented is the maintenance of restrictive practices and an inability to embrace change; a change the public clearly demands. Here are some of the restrictive practices the Federation maintains.

1. Rostered rest days; Police have to be given the days they are not working 9 months in advance. If they are then required on any of those days they receive 2 days off in lieu PLUS overtime. Last year the 127,000 police officers in the UK earned half a billon pounds overtime, that’s an average of over £4,000 each. Compare this to the £250 a head they claim they have lost under the staged wage award which was the reason the barracked Jacqui Smith at their conference.

2. Operational Feeding; Judging by the beefy rows of well upholstered police officers facing the Home Secretary at the Conference this policy is conspicuously successful. If they are on an “Op” away from their station “Nick” for over 4 hours they have to be fed a “substantial hot meal”, over 7 hours two hot meals. Of course the time they spend getting to the trough to consume their swill and the time spent consuming their ethnically inclusive “full English” is “operational time” charged to overtime. So at moments of great danger to the Nation TV crews are treated to the inspiring site of the Metropolitan Commissioner walking between long tables of Police Federation members consuming their entitlement. No army rations for Britain’s finest!

A Shout - great for overtime

3. 30 year pension window. Like the armed forces the Police have a hugely generous, publicly funded (that is to say unfunded!), final salary pension. Unlike the armed forces the Police Pension is hard to justify. Of course many don’t hang around to collect it for particular laxity is shown to “medical retirement” where they can retire early on “medical grounds” get their entitlement plus a “gift” of an extra 10 years. I personally know of one 42 year old inspector who had done 20 years (20 + 10 = 30!), took medical retirement for whiplash (sitting in his stationary car in a car park) and is running a security company despite his “reduced” health.

4. Archaic Disciplinary Procedures: At any one time 1 in 15 Police Officers are subject to criminal or disciplinary investigation or proceedings. I’ll give you the number, that’s over 19,000 officers who can’t be deployed effectively because their use is restricted. The proceedings are long winded and arcane and would take a book to outline but suffice to say the police don’t make co-operative subjects and are advised by the Federation to say nothing, agree nothing and sign nothing and contact the Federation’s solicitors for this restrictive cartel will defend it’s members good or bad. Contrast their advice to their members with how they would want the public to co-operate with Police “enquiries.” Even then they can bring any disciplinary enquiry to a shuddering halt merely by resigning. This “right” has been exercised twice up to Chief constable level in the past months (http://daithaic.blogspot.com/search/label/andy%20Hayman )

A Nick - Only one in 8 of those left are 24/7

5. Spend, spend, spend! We can take it as a given that the police are not very good at protecting us for the £550 each household it costs all of us but they are not very good at using the money when they are given it. Police Committee’s are an exercise in non-accountability where they exist and most forces don’t have qualified accountants in charge of their finances, as different criteria must have been used for recruitment in the past. Take the delicious fraud of “Lord Williams” as he styled himself in the Scottish village and estate he bought. He had a Scottish connection alright for he was Assistant Finance Director of Scotland Yard and he purloined £12.6 m from a “secret account” which was maintained to develop (wait for it!) a remote surveillance drone for the police. Or then recently Scotland Yard cancelled 1,450 credit cards which were being abused; I’ll give you the number again that is one third of the total credit cards issued or to put it another way, 5.6% of Metropolitan Police Officers could not account properly for their expenses. Hello! Hello! Hello!

6. I could go on, but one final point. The Police Federation has by agreement, officers working for it full time on the payroll of every force in the country paid for out of police budgets, over 100 police officers at last count. These Police Officers (such as Jan Berry) are, of course, unavailable for policing.Once again I'll give you the number, that's a direct subsidy from Public Funds of over £5 m for the Police Federation.

So I hope Jan Berry enjoyed her swan song and her cheap shots at Jacqui Smith but this should not give her false confidence that the Public are happy to keep paying premium rates for this increasingly slapstick and dated Police Pantomime.