The perverse impact of performance measures on policing: lessons from the rise and fall of out of court disposals

Grace, Sara

Abstract

This paper questions the assumption that performance measures inevitably lead to
gaming behaviours. Using (and extending) Patrick’s Perverse Policing Model, the rise
and fall of out of court disposals (OOCDs) from 2000-2019 – especially penalty notices
for disorder – is assessed in light of the introduction and removal of the offences brought
to justice target (in place from 2002-2008) and the Best Use of Stop and Search Scheme
(BUSSS, in place from 2014). All four forms of gaming set out in the Perverse Policing
Model, were found with regard to the offences brought to justice target and a fifth form,
materialising, was added to the model. However, gaming was not apparent in the use of
OOCDs post-BUSSS. Reasons for this difference are considered. Namely, distinction
is drawn between performance targets and performance measures. It is argued that all
performance measures begin life as presentational rules. They either remain as such or
become enabling (encouraging gaming) or inhibitory (encouraging compliance)
depending on which response attracts the least ‘within the job’ trouble. This paper
draws on national statistics on OOCD use from 2000-2019, a case study on one force’s
use of PNDs from 2010-11 and exploratory data on positive outcomes following stop
and search from July 2015-December 2020. These varied datasets allow for a detailed
consideration of how these powers have been used in practice, the various opportunities
afforded for gaming by OOCDs and an exploration of why those opportunities are, and
are not, realised.

• Journal Article Type: Article
• Acceptance Date: Mar 17, 2021
• Online Publication Date: Jun 19, 2021
• Publication Date: Feb 7, 2022
• Deposit Date: May 12, 2021
• Publicly Available Date: Jun 22, 2021
• Journal: Policing and Society
• Print ISSN: 1043-9463
• Electronic ISSN: 1477-2728
• Publisher: Routledge
• Volume: 32
• Issue: 2
• Pages: 200-220
• DOI: https://doi.org/10.1080/10439463.2021.1906667
• Keywords: Law, Sociology and Political Science
• Publisher URL: https://doi.org/10.1080/10439463.2021.1906667
• Related Public URLs: https://www.tandfonline.com/toc/gpas20/current