Obeying an order

Policing 101 - Obeying an order

The police institution is a strict, discipline and hierarchical administrational system. This is revealed by the organizational chart and the mode of operations. This is so because, the hierarchical system, is a worthy system of management. It ought to be a strict discipline system; when you think of the nature seriousness, the level of danger and the magnitude of the responsibilities the police are expected to undertake. The primary objective of the police institution is to ensure, there is an acceptable level of calm within the community. It is therefore important that an extremely high standard of discipline exist among the membership of the police service or force.

Because the police services are paramilitary (Not full military), It is important that the institution have a higher than acceptable level of compliance exist within the ranks when compared to other institutions. To settle for less, can result in chaos even the loss of life (members of the community as well as the loss of police life). Policing is extremely serious and delicate in its operation.

 

What is an order? Or what are orders?

An order is a written or spoken directive or instructions that is giving to a junior by one who holds a senior rank.

Orders comes in several forms and are called by several names. It is incumbent on the officers that they update themselves with the different orders including the long standing orders. Keeping updated on the changes in such orders as well as the repeal of any such orders. The police officers are only obligated to obey: lawful orders. (I will address unlawful orders later)

Long standing orders:

Long standing order, are those orders that cannot be changed, added to, or repealed by a superior officer, but takes an act of the legislature or the parliament. Therefore, long standing orders are acts of parliament or legislature that forms laws which must be enforced. It is important to note that the legislator or the parliament are responsible for creating the operation mandate of the police. So we can now conclude that a long standing order are specific laws; of which the constitution is the supreme law of any sovereign land, country and or the state.

All Law enforcement officer have obligated to comply with the constitution. It is also important to understand that ever other law must be subjected to the constitution and any law that does not find subjection to the constitution can be deemed illegal.

Another type of long standing law are the, rulings made by a higher court Eg. The ruling of an appeal court that have not been challenge in higher court of appeal.

Another long standing order is The Police Regulations, Act, or similar law that may be called by different name. In that the Police regulations or acts are the law which secure the establishment of the institution and outline the rank system and powers as well as the legislative operation mandates for the institution.

Standing orders.

A standing order or policy; are written instructions that was formulated and approved by the management of the institution. Standing orders are design to correct operational errors, bad habits or it is may be designed to bring about a level of consistency in common practices and or procedure. Standing orders can be change, modify or repealed as is deemed necessary. In most institutions the change, modification or the repeal of such is only effective if they were published in the official police Gazette and bears the signature of the police commissioners or police chief.

Operational orders:

Operational orders are those orders that was handed down from a senior to a junior and may be verbal or written as it relate to the short term (the days, weeks) assignments, and may entailed,

1. Daily duties.

2 New assignments.

3. Special assignments, etc.

Unlawful order.

An unlawful order is any order that is arbitrary given and does not have a lawful authority to back up the execution of such order. Such acts may seeks to violate the rights of an individual or group. Each police officer must understand that while it is unlawful to knowingly give an unlawful order, the onus is on the junior officer, not to carry out any order that is deemed to be unlawful.

Therefore if any office is given an order that he or she deemed to be unlawful, it is the responsibility of the executing officer (the officer who is expected to carry out the order) to seek clarity by asking the right questions, he must know what is the lawful authority on which he is required to act. A senior or superior officer is not a lawful authority.

Let it be clear, no senior police officer (it matters not their rank) or any person (civilian) to whom a police officer is assigned to take instructions from, cannot arbitrarily order an officer to steal from, abuse, kill or to commit any crime or violate the rights of any person. If any officer is caught in such an unlawful act, he or she may be prosecuted to the full extent of the law and in such cases: "I was only following orders" is not a lawful defense. The person who knowingly give an unlawful order which when is carried out constitutes a crime, the order giver can be also prosecuted for aiding and abetting the commission of an offence.


Please note: The information in these articles are no substitute for professional legal advise