From: "John Hurst", [EMAIL PROTECTED]
>Say IG knew that tomorrow he had to go and help inventory
>a pile of seized cigarettes in some town or other, and he
>didn't want to do it because he objects to cigarette taxes.
>So he stays in bed and doesn't show up for work.
>What offence is that? Misfeasance for not showing up?
Steve,
I would say it would be a breach of the discipline code for
"Failing to work his beat or patrol as ordered".
The constitutional and legal position of the chief officer of police was
stated by Lord Denning in the Blackburn case (1968) as;
"I hold that it is the duty of the (chief officer) to enforce the law of the
land....in these things he is not the servant of anyone, save of the law
itself. No Minister of the Crown can tell him that he must or must not keep
observation on this place or that, or that he must not prosecute this man or
that one, nor can any police authority tell him so...The responsibility for
law enforcement lies on him. He is answerable to the law and to the law
alone".
A Chief Officer can order constables to stand in fields etc., and they
frequently do. What the constable does or does not do then is down to him.
Misfeasance is a common law offence.
Regards, John Hurst.
Cybershooters website: http://www.cybershooters.org
List admin: [EMAIL PROTECTED]
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