Law and legislation

OPINION: Recent suggestions that policing could use facial recognition more widely – including to check against the UK passport database to identify shoplifters – prompted an outcry from some MPs, academics and campaigners; but Dr Asress Gikay, Senior Lecturer in AI, Disruptive Innovation and Law at London’s Brunel University, believes the benefit the tech delivers, public support, and existing safeguards mean campaigns to stop the police use of facial recognition are likely to fail.

OPINION: The Hamas attack on Israel on 7 October, and Israel’s subsequent ground invasion of Gaza, has led to significant rise in hate crime attacks on both Jews and pro-Palestinians in the US; but Professor Jeannine Bell of Chicago’s Loyola University believes complex legislation, inadequate police training and a lack of specialists officers and prosecutors means that hate crimes are rarely reported, well investigated, charged or brought to trial.

ANALYSIS: The Forensic Science Regulator Code of Practice, which sets out the standards for forensic science activities in crime investigations across England and Wales, came into force in October; while the Code will deliver greater consistency and quality across forensics in law enforcement, the implementation will also create challenges around accreditation, capacity and training for forces working towards compliance, as Richard Cockerill, Digital Forensic Laboratory Operations Director with technologists CACI, explains.

INTERVIEW: As terrorist propaganda continues to promulgate the internet, new EU regulations have been introduced for tech companies to remove harmful content, with penalties for non-compliance; Policing Insight’s Andrew Staniforth spoke to Sophia Rothut, researcher at the Ludwig Maximilians University of Munich, about who will enforce these new provisions, and how a Tech Against Terrorism Europe initiative is providing guidance and training for companies on compliance.

ANALYSIS: The UK Government’s efforts to influence policing’s operational response to protests have reached new levels in recent months, and former Home Secretary Suella Braverman’s comments on the issue would appear to have prompted her sacking; but Wrexham University’s Professor Peter Joyce and Dr Wendy Laverick of Hull University argue that policing independence in relation to protests has been threatened by Conservative governments for some time, and that a fundamental rethink of governance arrangements may be the only long-term answer.

OPINION: Recent comments from Home Secretary Suella Braverman around the policing of the pro-Palestinian protests have once again called into question UK policing’s political independence; but former officer and University of Derby Policing Lecturer Tom Andrews argues that such independence has been largely illusionary in the past, and that a Royal Commission into policing is essential if such independence is to be guaranteed in the future.

FEATURE: UK National Crime Agency Director General Graeme Biggar has warned that policing and the wider criminal justice system is not moving fast enough or far enough in its efforts to combat the shift online in serious and organised crime, and that the roll out of end-to-end encryption on sites such as Facebook would be “tantamount to consciously turning a blind eye” to child abuse, as Policing Insight’s Keith Potter reports.

ANALYSIS: The ongoing demonstrations across the UK prompted by the Israel-Gaza conflict have reignited the debate about the police response to public protest; Policing Insight’s Graham Wettone, whose 30-year policing career included many large public order events, takes a closer look at the legislation governing protests, the guidance officers receive around intervention, and why the decision not to arrest during a protest may be justice wisely delayed rather than denied.

ANALYSIS: The latest research from Monash University’s Australian Consumer and Retail Studies (ACRS) unit on the cost of living and consumer deviance has revealed that continuing financial pressures on households has not only changed spending habits but also attitudes towards retail crimes such as shoplifting, as ACRS Research and Strategy Director Stephanie Atto and Senior Research Consultant Paolo de Leon explain.

OPINION: The recent attacks on Israel by Hamas, and the response of the Israeli Defence Force in Gaza, have prompted long and heated debates about the terminology used to describe the actions and those involved; but former Police Scotland Superintendent Martin Gallagher, now a police lecturer and terrorism specialist, argues that there is a clear definition of terrorism and terrorist activity, the criteria for which can used to measure the actions of both sides in this conflict.

OPINION: Artificial intelligence is increasingly being used by New Zealand Police to identify, analyse and investigate criminals and criminal activity; but University of Auckland Associate Professor Alexandra Sims believes that new legislation and independent monitoring is needed to protect against the dangers of the erosion of privacy and algorithmic bias, and ensure compliance with existing frameworks and principles.

INTERVIEW: As campaign group Stamp Out Spiking continues with calls for new legislation to tackle the offence as well as more support for support for victims, Policing Insight’s Sarah Gibbons spoke to CEO Dawn Dines about their work with police and other organisations to improve training and awareness around the crime.

INTERVIEW: In the latest in a series of interviews with leading figures involved in the research and investigation of organised crime, Policing Insight’s Dr Chris Allen spoke to Bill Wood, former Head of the UNODC Programme Office in North Macedonia and previously National Crime Agency Liaison Officer based in Belgrade, about international collaborative approaches to tackling drugs, the crime dangers of ‘post-conflict’ fallout in Ukraine and Russia, and the frustration of governments’ corruption and support of organised crime.

OPINION: The UK’s Online Safety Bill recently passed the final stages of Parliamentary debate, and is now set to become law, but the legislation alone will not address all the challenges around online child sexual abuse; Simon Bailey, Chair of the Policing Institute for the Eastern Region and former National Police Chiefs’ Council Child Protection Lead, warns that big tech must take greater responsibility in keeping children safe online – and that we all have a part to play.

ANALYSIS: Last month the cross-party UK Home Affairs Committee published its latest report on drugs, which included calls for a reform of legislation, greater cross-departmental collaboration in combating drugs, and more emphasis on protecting children and adopting a trauma-informed approach to the problem; Policing Insight’s Sarah Gibbons explores some of the key recommendation from the Committee.

OPINION: CANADA: As calls for ‘defund the police’ switch to ‘refund the police’ in priority areas, Dr N Zoe Hilton, Professor of Psychiatry at the University of Toronto, and Dr Sandy Jung, Professor of Psychology at MacEwan University, argue that police-researcher partnerships are needed now more than ever, and could be particularly beneficial in developing and implementing the assessment tools to tackle intimate partner violence and coercive control.

OPINION: Earlier this year British Columbia began Canada’s first drug ‘decriminalisation’ policy, removing criminal sanctions for adults in possession of small amounts of certain illegal drugs; but research scientist Dr Kanna Hayashi, an Associate Professor at Simon Fraser University, warns that while police continue to seize drugs even when users aren’t charged with offences, toxic drug deaths will remain a major problem.

OPINION: Despite concerns about the use of ‘release under investigation’ powers in the UK, police were given greater discretion to use the alternative approach – pre-charge bail – in the Police, Crime, Sentencing and Courts Act 2022; but Penelope Gibbs, Director of Transform Justice, argues that both the legislation and the subsequent guidance for police are muddled, with the powers punitive, stigmatising, and ultimately unenforceable.

INTERVIEW: In the latest in a series of interviews with leading figures involved in the research and investigation of organised crime, Policing Insight’s Dr Chris Allen spoke to fraud and financial crime consultant Gerald Doyle about researching the true scale of waste crime, the changing focus of organised crime from drugs to finance, and why asset recovery may be the best way to target organised crime’s ever-evolving business model.

FEATURE: The UK’s National Security Act 2023 came into effect last month, strengthening the country’s protection against threats from foreign interests and actors, building on existing laws, and creating a range of new criminal offences; Policing Insight’s Andrew Staniforth looks at the new legislation, and the vital role that police will have to play.

OPINION: Three years after the death of George Floyd, the latest report by the US Justice Department in to policing in Minneapolis features a raft of worrying findings, including discrimination against Black people and Native Americans, and routine use of excessive force; but Arizona State University Associate Professor Rashad Shabazz believes the report also demonstrates that rather than being an aberration, such misconduct is part of how policing was historically intended to be in the US.

FEATURE: As the expansion of the metaverse and the rapid development of AI create the potential for significant increases in the grooming and online sexual abuse of children, Australian eSafety Commissioner Julie Inman Grant is leading efforts to force tech giants and social media platforms to take much more effective measures to prevent the online sexual exploitation of youngsters, as Policing Insight’s Sarah Gibbons reports.

OPINION: The illegal organ trade sporadically hits the national and international headlines, with suggestions that the activity largely takes place underground, carried out by organised criminals; but Assistant Professor and organ trade researcher Frederike Ambagtsheer argues that the reality is far removed from that, involving close collaborations between professionals and the criminals, and requires a broad range of responses.

FEATURE: Whitehall has long raised questions about the impact of end-to-end encryption on law enforcement efforts to tackle terrorism and child abuse; UK Security Minister Tom Tugendhat raised the stakes at a recent policing conference with a speech dedicated to slamming Meta’s future plans, while others present had a more nuanced view, as Policing Insight’s Ian Weinfass reports.