Chapter 3
Chapter 3
Philippines Japan
1. Law Enforcement
2. Court
3. Correction
2. Judiciary system – it is the network of courts that interpret the law in the name
of the state, and carry out the administration of justice in civil, criminal,
and administrative matters in accordance with the rule of law.
-The economic changes have created new opportunities, but have also led to an
increase in crime, particularly in matters of drug trafficking and money laundering.
1. INQUISITORIAL
The prosecution of crimes rests exclusively in the hands of the officers and
agents of the state who conduct investigation under the clock of secrecy and the
use of force, torture, intimidation in procuring confession from the suspect.
Outside the U.S most trials are concerned with legal guilt where everyone
knows the offender did it, and the purpose is to get the offender to apologize, own
up to their responsibility, argue for mercy, or suggest an appropriate sentence for
themselves.
2. ADVERSARIAL
The prosecutions are left in the hands of the prosecuting arms of the
government. The suspect is informed of the accusation and is given opportunity to
defend himself.
It is where the accused is innocent until proven guilty. The U.S adversarial
system is unique in the world. No other nation, not even U.K places as much
emphases upon determination of factual guilt in the courtroom as the U.S does.
2. MIXED SYSTEM
THORIES IN POLICING
1. CONTINENTAL
It is the theory of police service which maintains that police officers
are servants of higher authorities. This theory prevails in the continental
countries like France, Italy, and Spain
2. HOME RULE
It is the theory of police service which states that police officers are
servants of the community or the people. This theory prevails in country
with decentralized form of government. This is likewise the police service
theory that should prevail in the Philippines bases on the existing laws,
concepts, and principles.
THEORIES IN COMPARATIVE POLICING
3. OPPORTUNITY THEORY
It is that long with higher standards of living, victims become more
careless or their belongings, and opportunities for committing crime
multiply.
4. DEMOGRAPHIC THEORY
It is based on the event when a greater number of children are being
born. As these baby booms grow up, delinquent subcultures develop out
the of adolescent identity crisis.
5. DEPRIVATION THEORY
It holds that process comes along with rising expectations. People
at the bottom develop unrealistic expectations while people at the top don‟t
see themselves rising fast enough.
6. MODERNIZATION THEORY
It sees the problem as society becoming too complex or core
pattern of emotion.
2. URBAN-COMMERCIAL SOCIETY
It has civil law (some standards and customs are written down), specialized
police force (some for religious offices, others for enforcing the King‟s law), and
punishment is inconsistent, sometimes harsh; sometimes lenient.
3. URBAN- INDUSTRIAL SOCIETY
It only has codified laws (statutes that prohibited) but laws that prescribed
good behavior, police become specialized in how to handle property crimes, and
the system of punishment is run on market principles of creating insensitive and
disincentives.
4. BUREAUCRATIC SOCIETY
It has a system of laws (along with armies of lawyers), police who tend to
keep busy handling political crime and terrorism, and a system of punishment
characterized by over criminalization and overcrowding.
Developing countries tend to be lumped into the first 1 and 2 types, and the
study of culture becomes more important
Developed countries tend to be the last 3 and 4, and the study of social
structure becomes more important.
1. COMMON LAW
It is in the U. S and U.K
It is distinguishes as strong adversarial system.
It involves two opposing side of a lawyer representing the defendant and a
prosecutor representing the people.
3. ISLAMIC LAW
It is known as Muslim or Arabic justice
Shariah Law
It is rooted in religious values and derives its premises from Koran.
Islamic system in general are characterized by the absence of the positive
law and are based more on the concept of natural justice.
4. SOCIALIST SYSTEM
INTERIOR MINISTRY
Ministry of Internal Affairs or Ministry of Home Affairs
Model system is used to describe the countries being used as topic of discussion. These
countries are chosen not because they are greater than other but because they are the focus of
comparison being studied. In this discussion, having a world map with the student is require to
appreciate and identify the geographical location of the countries.
CANTONAL POLICE
Criminologist were puzzled and attributed to either the high rate of firearm ownership
or the extensive welfare system.
It is a practice in Switzerland that a citizen will play shooting at firing range as a hobby and
a national sport. In other countries, people play football, volleyball, basketball or baseball; in
Switzerland it is a rifle shooting.
It is common that people go around with their rifles it because it is part of their educational
system to inculcate to their mind about the use and purpose of rifle in life and society.
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Currently, the police authority is exercised by the cantons, which are considered
sovereign states within the Confederation.
The organization of cantonal police forces generally reflects that of the country
whose language is the primary language of that canton.
The Federal Office of Police (fedpol) is the body of the Confederation responsible
for uncovering and prosecuting facts of serious criminality at the federal level. It also
provides support to national and international partners in the performance of their policing
duties and performs security and administrative police duties at the federal level. Fedpol
is attached to the Federal Department of Justice and Police (FDJP) within the federal
administration.
ORGANIZATION
Fedpol employs around 900 people from all professional backgrounds. The majority of
employees are 44 years old. The proportion of women, stable for years, is on average 34%. They
are 15% to occupy managerial positions. 76% of employees are German-speaking, 17% French-
speaking and less than 7% Italian-speaking. Some collaborators are Romansh or of another
linguistic origin. The Federal Office of Police has a budget of 270 million Swiss francs to carry out
the key tasks entrusted to it.
In the French-speaking cantons, the police are divided into two sections:
1. The gendarmerie, a uniformed organization which performs the tasks of police patrol and
response, and may conduct judicial enquiries. However, in certain cantons, the gendarmes have
the ability to conduct local or judicial enquiries.
2. The sûreté ('security' or 'safety'), civil investigators who work in the Criminal Investigation
Department (average and serious crime)
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1. The Kriminalpolizei (criminal police), who investigate crime and conduct criminal
investigations (similar to the sûreté).
2. The Schutzpolizei ('security' or 'protection' police), who respond to emergency calls and
conduct patrols (similar to the gendarmerie).
5. The Autobahnpolizei (highway patrol) who enforce traffic laws and investigate road
traffic
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1. Army (Artesh)
2. Revolutionary Guard Corps (Sepah)
3. Law Enforcement Force (Police)
-Revolutionary Guards
or Islamic Revolutionary
Guard Corps (IRGC)
-The regular army defends Iran‟s borders and maintains internal order.
The main role is in National Security and responsible for internal and
border security, law enforcement and Iran‟s missile force.
-abbreviated as NAJA
-It is under the Ministry of Interior
-with Islamic Ideology
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Border control;
Crime fighting;
Emergency services;
Identity checks;
International police cooperation with the INTERPOL community
with regard to the arrest and extradition of criminals;
Preventing and fighting terrorism;
Preventing the production, distribution and trafficking of illicit drugs;
Preventing trafficking in human beings and weapons;
Public security and peace;
Traffic control.
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POLICE DEPARTMENT
- the official name of regular police force and handles most day-to-day
police activities. It is highly centralized force and usually headed by a member
of royal family.
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- deals with domestic security and counter-intelligence and it runs also the
Ulaysha Prison where it holds their prisoners for arbitrary detention
Committee for the Promotion of Virtue and the Prevention of Vice or (CPVPV)
-is the government agency employing religious police and enforcing Sharia
Law in Saudi Arabia.
- known for having full beards and wear headscarves and often coming
from Saudi Arabia‟s lower classes.
Duties:
- they had the power to arrest unrelated males and females socializing,
engaged in homosexual behavior or prostitution, enforce dress code, and store
closure during prayer time.
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“Jewish State”
Law enforcement services in Israel are provided by the Israel Police, the
national police force created in 1948. The force is part of the Ministry of Public
Security, which is also responsible for Prison Services, the Anti-Drug Authority,
and the Witness Protection Authority.
The Israel Police is headed by a Commissioner of Police who is appointed
by the government upon recommendation of the Minister of Public Security.
The Israel Police is made up of seven territorial districts, Border Police, and
seven departments each with distinct policing responsibilities. The force is made
up of approximately 27,000 officers.
Mission:
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1. ISRAEL POLICE
- “Misheteret Yisra’el”
It is the civilian police force in Israel that operates throughout the Israel and
Area C of the West Bank.
2. CIVIL GUARD
-Known as Mash’az
The volunteers give more of their time involved in traffic control and they receive
police training, wear police uniforms and limited police power.
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The Minimum requirement is 12 hours per month, most volunteer are armed with
M1 Carbine and specialized such as bicycle riders, search and rescue teas, drives and
translators
OPERATIONAL UNITS
-MAGAV
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Officers are often recruited from IDF and Border Police Special Forces
having all served in combat units of one kind or another.
Officers wear gray trouser and jackets with a black cap embossed with their
unit insignia.
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ORGANIZATIONAL STRUCTURE
Prefectural Police
Cabinet- it is a body of high-ranking state officials, typically consisting of the top leaders
of the executive branch.
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National Public Safety Commission ensure that Japan's police are an apolitical
body and free of direct central government executive control.
It administers and set a policy for the National Police Agency and has the authority
to appoint or dismiss senior police officers.
Unlike comparable bodies, such as the U.S. Federal Bureau of Investigation, the
NPA does not have any police officers of its own.
Japan‟s National Police Agency (NPA) supervises and controls the police activities
of 47 Prefectural Police Departments, including the Tokyo Metropolitan Police
Department. The NPA is made up of about 7,800 officials, including 2,100 police officers,
900 Imperial Guards and 4,800 civilians.
The NPA is headed by a Commissioner General who is appointed by the National
Public Safety Commission (NPSC) with the approval of the Prime Minister. The NPSC is
made up of a Chairman (who holds the rank of Minister of State), and five other
members. It administers the NPA and guarantees the neutrality of the police.
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PREFECTURAL POLICE
RANKS
Superintendent (Keishi):
The Chief of Police Station (small or middle), The Vice Commanding
Officer of Police Station, Commander of Riot Unit.
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England is just a Kingdom under United Kingdom (UK) of Great Britain and
Northern Ireland, known as UK or Britain, before to proceed details about law
enforcement in London, overview of U.K must discuss to avoid confusion.
UNITED KINGDOM
1. England
2. Scotland
3. Northern Ireland
4. Wales
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Each force is led by a Chief Constable who is accountable to law, to the Home
Secretary and to local democratic oversight. Democratic oversight is provided by elected
Police and Crime Commissioners (PCCs) in most areas and by the Mayor‟s Office in
London.
Flag of England
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England. Since, the compound is seldom to use and upon the approval of the Law
proposed by Sir Robert Peel, the government cannot provide immediately an office
intended for the police headquarters; the Scotland Yard serve as the office of the
metropolitan police service during early years and over the time.
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While some smaller or area specific police forces (ports, docks, tunnels etc.) may
use variations on, or fewer of, these ranks, most territorial police forces and forces have
a standard set of operational ranks:
Police Constable
Sergeant
Inspector
Chief Inspector
Superintendent
Chief Superintendent
The City of London Police is the territorial police force responsible for
law enforcement within the City of London, including the Middle and Inner
Temples.
The force responsible for law enforcement within the remainder of Greater
London, outside of the City, is the Metropolitan Police Service, a separate
organization.
The City of London, which is now primarily a financial business district with a small resident
population but a large commuting workforce, is the historic core of London, and has an
administrative history distinct from that of the rest of the metropolis, of which its separate police
force is one manifestation.
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The police authority is the Common Council of the City, and unlike other territorial forces
in England and Wales there is no commissioner replacing that police authority by way of
the Police Reform and Social Responsibility Act 2011, but like the commissioner, the Common
Council is elected, thus achieving the same aim of democratic accountability.
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At national level, the AFP works with Australian government departments, state and
territory law enforcement agencies and other partner agencies to disrupt, deter and defeat
criminal activity.
At global level, the AFP operates within a large network of international law enforcement
agencies, industry partners, and foreign governments to identify and disrupt transnational serious
and organised crime.
Through its International Deployment Group, the AFP also provides a range of capacity
development initiatives and peacekeeping and stability operations. The group contributes to the
development, maintenance or restoration of the rule of law in countries that seek Australia's
support.
The AFP is responsive to a rapidly changing criminal environment and has eight key
investigative priorities. These are:
Generally, all police forces of Australia follow this rank structure with some
individual state police forces have ranks differing slightly.
Commissioner
Deputy Commissioner
Assistant Commissioner
Commander
Chief Superintendent
Superintendent
Inspector
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Non-Commissioned Ranks
Senior Constable
Constable
Probationary Constable
Responsible for public security, the Ministry of Public Security (MPS) is part of
the State Council, China‟s chief administrative body and principal police and security
authority.
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Law enforcement services in China are provided by Public Security Bureaus, the
provincial and municipal public security counterparts which, under the leadership of
local government, operate in the main towns, cities and counties of China.
Mission:
1. National Security;
2. Economic Crime Investigation;
3. Border Control;
4. Criminal Investigation;
5. Fire Control;
6. Prison Security;
7. Traffic Control;
8. International Police Cooperation;
9. Drug Control;
10. Counter-terrorism.
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The People's Armed Police, the Law on the People's Armed Police Force (PAPF),
is having a statutory authority to respond to riots, terrorist attacks or other emergencies.
Such unit‟s guard government buildings at all levels (including party and state
organizations, foreign embassies and consulates), provide security to public corporations
and major public events, as well as counter-terrorism and handling of public emergencies.
Some units perform guard duty in civilian prisons and provide executioners for the
state. The PAP also maintains tactical counter-terrorism (CT) units in the Immediate
Action Unit (IAU), Snow Wolf Commando Unit(SWCU) and various Special Police
Units (SPUs).
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Rank
In France, two
directorates-general provide Police missions:
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1. The Police Nationale
It is considered a civilian police force. Its origins date back to 1812 and was
created by Eugène François Vidocq. In 1966 its name was officially changed to
"Police Nationale". It has primary responsibility for major cities and large urban
areas.
Missions:
1. The fight against urban violence, petty crime and road safety;
2. The control of irregular immigration and the fight against the
employment of illegal immigrants;
3. The fight against drugs, organized crime and serious economic and
financial crime;
4. The protection of the country against terrorism and the attacks on the
fundamental interests of the nation;
5. The maintenance of public order.
6. The National Police is attached to the Ministry of the Interior, Overseas
Territories, Territorial Communities and Immigration.
The Municipal Police (French: Police Municipale) are the local police of towns and
cities in France outside the capital. The French municipal police are under the direct
authority of the mayor and may or may not be armed according to the local mayor's
discretion.
The Paris Police Prefecture (French: Préfecture de police de Paris) is the unit of
the French Ministry of the Interior which provides police, emergency services and
various administrative services to the population of the city of Paris.
Whilst the PRC is responsible for the territory's defense and foreign affairs, Hong
Kong maintains its own legal system, police force, monetary system, customs policy and
immigration policy.
Law enforcement services in Hong Kong are provided by the Hong Kong Police
Force.
Mandate:
RANKS
Whilst PRC is responsible for the territory's defense and foreign affairs, Macao
maintains its own legal system, police force, monetary system, customs policy and
immigration policy.
Both Forces are under the command of the Secretary for Security.
RANKS
Senior ranks
Superintendent general
(superintendente-geral)
Superintendent (superintendente)
Intendent (intendente)
Sub-Intendent (subintendente)
Commissioner (comissário)
Sub-commissioner (subcomissário)
Chief (chefe)
Sub-chief (subchefe)
Basic ranks
Principal constable (guarda principal)
Constable first class (guarda de primeira)
Constable (guarda)
Police is the federal law-enforcement agency in Russia, operating under the Ministry of
Internal Affairs. It was established in 2011, replacing the Militsiya, the former police service.
It is the federal police service of Russia that operates according to the law on police as
approved by the Federal Assembly, and subsequently signed into law on February 7, 2011 by
then President of the Russian Federation, Dmitry Medvedev.
RANKS
General of police of the Russian federation
Police colonel General
Police Lieutenant General
Police Major General
Police Colonel
Police Lieutenant colonel
Police Major
Police Captain
Police Senior Lieutenant
Police Lieutenant
Police Junior Lieutenant
Police Senior Praporshchik
Police Praporshick
Police Starshina
Police Senior Sergeant
Police Sergeant
Police Junior Sergeant
Police Private
GERMANY
With 40,000 employees – more than 30,000 of them fully trained police
officers – BPOL is a country-wide operational police force responsible for domestic
security. As part of Germany‟s Ministry of Interior, it is Germany‟s uniformed police
responsible for:
1. Border security – including passport control;
2. Coast guard services, which comprise the surveillance of land borders and
national sea-borders;
3. Protection of federal buildings and foreign embassies;
4. Reserve forces to deal with demonstrations, disturbances or emergencies;
5. Transportation and passenger security at international airports and on German
railways;
6. Rescue helicopter service.
Today nine of sixteen State Police Forces recruit only for the career bracket of the
"gehobener Dienst".
Period of training is 2 1/2 years at the police academy starting with the rank
of Polizeimeister-Anwärter.
The highest possible rank in this bracket is that of Polizeihauptmeister mit Zulage.
In the mid to late seventies the "mittlerer Dienst" was disestablished for the detective
branch Kriminalpolizei, but in some states of the former GDR, they still exist. Rank
designation, in this case, f.e. Kriminalhauptmeister.
Entry into the "gehobener Dienst" requires a high-school diploma and period of
training is 3 years at a college of administration and justice.
The third career bracket is the so-called "höherer Dienst". A direct entry into this
career bracket is possible and requires a law degree of a university, but the majority of
these officers had started their career in "mittlerer" or "gehobener Dienst".
The DPS is headed by the “Chief of Police - Director General of Public Security”
who is appointed by the President of the Italian Republic upon recommendation of the
Ministry of Interior.
The DPS is in charge of the technical and operational coordination of law enforcement
activities carried out by the five national police forces. Their investigations are coordinated
through the Public Prosecutor‟s Office, and each one sits structurally in a different Ministry:
The DPS manages, supports and administrates the five police forces through its
coordination boards, multi-agency schools, information structures and joint databases.
The DPS‟s role will increase over time with a view to maximising overall law enforcement
efficiency.
In the months to come, the 'Corpo Forestale dello Stato‟ and „Carabineri‟ will merge
to form a new law enforcement agency with the crime investigation and prevention
mandate of both agencies.
15. LAW ENFORCEMENT IN SPAIN
The Minister of the Interior is responsible for the general administration of citizen
security and the superior command of the State Security Forces and Corps, as well as
cooperation and assistance relations with the police authorities of other countries, in
accordance with the provisions of international treaties and agreements.
Under the immediate authority of the Minister of the Interior, these functions are
exercised by the Secretary of State for Security, on whom they directly depend:
It is an armed institute of civil nature that depends on the Ministry of the Interior
and is composed of 70,000 people; It is deployed in police stations in all provincial capitals
and major cities and towns of the national territory.
Civil Guard
-Guardia Civil
- responsible for general rural policing, firearms and explosives control; traffic
policing on interurban roads; protection of communication routes, coasts, frontiers, ports,
and airports; enforcement of environmental and conservation laws, including those
governing hunting and fishing; and interurban transport of prisoners. The Guardia Civil
has operated as military police in support of the Spanish armed forces on peace-keeping
deployment.
This body has competence in matters such as the legislation on arms and
explosives, the fiscal protection of the State and the prosecution of contraband, the
surveillance of traffic on interurban public roads and the custody of borders, ports and
airports.
Servicio de Vigilancia Aduanera
- Customs Service charged with customs inspections and the collection of import
duties. In addition, they investigated smuggling, tax evasion, and illegal financial
transactions, particularly those involving import-export businesses and currency
exchange. Most of its uniformed and plainclothes police were stationed at frontier crossing
points with France, Andorra, and Portugal, ports, and terminals of entry. Their monitoring
of entries and departures by foreigners also produced a flow of information needed by
internal security agencies.
Policía Portuaria
- uniformed service similar to local police, but with additionally special
administrative duties related to public safety in loading and unloading of vessels, storage
of cargo etc.
Agentes forestales
- specialist service with powers similar to local police, but also responsible for
maintaining forested areas in a safe condition. this uniformed force controls all hunting
activities and has powers to prevent visitors from gathering or damaging wild plants,
dumping rubbish, starting fires or behaving irresponsibly in addition to providing routine
surveillance and fire extinction services via regular surface and airborne patrols as well as
from fixed towers and strategic installations
Policia Local
-exist in most cities and important towns in order to concentrate on preventing
crime, settling minor incidents, traffic control, and, crucially, intelligence gathering.
16. LAW ENFORCEMENT IN SOUTH KOREA
Vision:
RANKS
Commissioner General
Chief Superintendent General
Senior Superintendent General
Superintendent General
Senior Superintendent
Superintendent
Senior Inspector
Inspector
Assistant Inspector
Senior Police Officer
Police Officer
Auxiliary Policeman
Sergeant Constable
Corporal Constable
Private Constable First Class
Private Constable
17. LAW ENFORCEMENT IN VATICAN
Many law enforcement services in the Vatican are provided by the Vatican City
State Gendarmerie (Corpo della Gendarmeria dello Stato della Città del Vaticano).
Headed by an Inspector General, the force of 130 Italian officers sits structurally in
the Security Services and Civil Defence Directorate.
Mandate:
Accident prevention;
Crime investigation;
Financial and commercial regulations
enforcement;
Public order;
State security;
Traffic control;
Judicial services;
Protection of the Pope.
Structure:
Rapid Response Group - two operational units under the direct supervision of the
Gendarmerie Commander:
Gruppo Intervento Rapido(GIR) - special weapons and tactics team;
Hazardous Devices Operation Unit.
Created in 2000 and operational 24 hours a day, an operations and control center
coordinates law enforcement action required in emergency and crisis situations. It is
equipped with state-of-the-art alarm and video surveillance systems.
PONTIFICAL SWISS GUARD
It is a military unit of the Holy See, not Vatican City State. The Swiss Guard are
responsible for the security of the Pope, dignitaries and all papal buildings. The Swiss
Guard have maintained a centuries long tradition of carrying swords and spears,
18. LAW ENFORCEMENT IN CANADA
Law enforcement in Canada are public-sector police forces that are associated
with and commissioned to the three levels of government: municipal (both lower
and upper-tier), provincial, and federal.
Most urban areas have been given the authority by the provinces to maintain their
own police force. All but two of Canada's provinces in turn, contract out their provincial
law-enforcement responsibilities to the Royal Canadian Mounted Police (popularly known
in English-speaking areas as the Mounties), the national police force, which is
commissioned to the federal level of government.
-known as Mounties
POLICE RANKS
The Chief of Police is the title of the head of most Canadian police forces except for:
Mandate:
The Police Mobile Force was established as a strike or Anti-riot unit under the control
of the Inspector-General of Police to counter incidents of civil disturbance. It is designated to
take over
operations of major crisis where conventional police units cannot cope.
Three major Governmental Agencies oversee the control and supervision of the
Nigerian Police Force; The Police Service Commission, the Nigerian Police Council and
Ministry of interior.
The Police Service Commission (PSC)
The PSC is the civilian oversight body on the police. It is responsible for
appointment, promotion, and discipline of all police officers except the Inspector
General of Police. It shall collaborate, cooperate and work with all the stake
holders, namely the police council with the President of Nigeria as Chairman, all
the Governors of the Federating States of Nigeria, the Minister of Interior and the
Inspector-General of Police as members to turn the police around and enable it to
meet the challenges of the 21st century.
POLICE RANKS
Inspector General
Deputy Inspector-General of Police
Assistant Inspector-General of Police
Commissioner of Police
Deputy Commissioner of Police
Assistant Commissioner of Police
Chief Superintendent of Police
Superintendent of Police
Deputy Superintendent of Police
Assistant Superintendent of Police
Inspector of Police
Sergeant Major
Sergeant
Corporal
Constable
Missions:
1. guarantee of public liberty, peace and tranquility, and defense of the institutions of the
Republic;
2. maintenance and restoration of public order;
3. fight against crime, organized crime, transnational organized crime, terrorism;
4. investigation and detection of offenses against the criminal law, implementation of the
means for their repression, in accordance with the Penal Code and Criminal Procedure;
5. surveillance of the national territory, information of the authorities on the political,
economic and social situation;
6. border control, security and safety at ports and airports;
7. application of legislation concerning the conditions of entry, residence and settlement
of foreigners in Senegal;
8. establishment of travel documents;
9. assistance to the execution of diplomatic and consular missions, and within international
organizations;
10. participatory implementation of the concept of human security.
The General Directorate of the National Police (DGPN) comprises ten directorates:
Territory Surveillance;
Federal police;
Public security;
Air and Border Police;
Foreigners Police and Travel Documents;
National School of Police and Continuing Education;
Personal;
Budget and Materials;
Central Office for the Suppression of Illicit Traffic in Narcotic Drugs;
Mobile Intervention Group
MINISTRY OF THE ARMED FORCES
Objectives:
Depayso, V.P. (2018). Comparative Police System: Global Responses of Law Enforcement
Officer to Crimes. Wiseman Books Trading, Inc. Quezon City
Garcia, M. P. (2010). Comparative Police System. Wiseman Books Trading, Inc. Quezon City