County Police Act 1839
Encyclopedia
The County Police Act 1839 (2&3 Vict., c. 93) (also known as the Rural Police Act or the Rural Constabularies Act) was an Act of Parliament
passed by the Parliament of the United Kingdom
. The act enabled Justices of the Peace
in England and Wales
to establish police forces in their counties. The Act was not compulsory, and constabularies were only established in 25 out of 55 counties by 1856, when the County and Borough Police Act 1856
made their provision mandatory.
appointed in 1836 to "inquire into the best means of establishing an efficient constabulary force in the counties of England and Wales". The three members of the commission, or "Constabulary Commissioners" as they were informally called were Colonel Charles Rowan
, Commissioner of the Metropolitan Police, Edwin Chadwick
and Charles Shaw Lefevre
. The commission was appointed against a background of unrest and violence in some areas of the country, with protests against the New Poor Law and agitation by Chartists
for social and political reform. Chadwick was strongly in favour of the creation of a single centralised force, but this was opposed by not only the two other commissioners but also by the Home Secretary
, Lord John Russell
. Russell wrote to the magistrates of the various counties asking them to support the resolution passed in Shropshire
to establish a body of constables paid for out of the county rate and under the control of the magistrates. The commission's report, issued in 1839, followed the lines favoured by Russell. It recommended that "a properly trained and equipped preventative police force" based on the pattern of the existing Metropolitan Police
, should be established in all counties where the magistrates were in favour. Each force should be funded mostly by local rates, with 25% of the cost met by central government. The force would be under the supervision of the county magistrates, who would have the power to employ or remove officers, subject to statutory regulations.
, in general or quarter sessions
, to appoint constables "for the preservation of the peace and protection of the inhabitants" where they felt the existing system of parish constable
s was insufficient.
The constables were to be appointed on a ratio of not more than one officer per one thousand of population. Borough
s operating under the Municipal Corporations Act 1835
had the power to form their own police force and were to be excluded from the jurisdiction of the county police.
In each county where the Act was adopted a Chief Constable
was to be appointed. Where a county was divided into two parliamentary divisions by the Reform Act 1832
, a chief constable could be appointed to each division. It was also permitted for one chief constable to be appointed to two or more neighbouring counties.
For the purposes of the Act all county exclaves were to be part of the county by which they were surrounded, or with which they had the longest common boundary. All franchises or liberties
, other than reformed boroughs were also to come under the county police.
A "county" for the purposes of the Act was defined as being "any County, Riding or Division having a separate Court of Quarter Sessions of the Peace or in which separate County Rates are made". The Act was not to extend to the Metropolitan Police District
.
to bring the matter to a vote. If the sessions chose to adopt the act they were obliged to prepare a report on the area and population of the county and the existing method of policing. The report would set out how it was proposed to apply the legislation to the county, detailing the number of constables, the divisions of the county and the salaries to be paid and making any additional rules and regulations deemed necessary. The report was then submitted for approval to the Home Secretary who could modify parts of the scheme but did not have the power to alter the number of constables or their salaries. The sessions had the power to choose a chief constable, but his appointment was also subject to the approval of the Home Secretary. In some cases magistrates chose to form a force in only part of a county.
The first county to form a constabulary under the 1839 Act was Wiltshire
. On 13 November the court of quarter sessions agreed to adopt the act, and on 28 November appointed Commander Samuel Meredith, Royal Navy
as chief constable. The appointment was approved on 5 December, and Wiltshire's example was quickly followed by Gloucestershire, Worcestershire and Durham.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
passed by the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
. The act enabled Justices of the Peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
to establish police forces in their counties. The Act was not compulsory, and constabularies were only established in 25 out of 55 counties by 1856, when the County and Borough Police Act 1856
County and Borough Police Act 1856
The County and Borough Police Act 1856 was an Act of Parliament passed by the Parliament of the United Kingdom. The Act made it compulsory for a police force to be established in any county which had not previously formed a constabulary....
made their provision mandatory.
Royal commission
The legislation was based on the recommendations of a royal commissionRoyal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
appointed in 1836 to "inquire into the best means of establishing an efficient constabulary force in the counties of England and Wales". The three members of the commission, or "Constabulary Commissioners" as they were informally called were Colonel Charles Rowan
Charles Rowan
Lieutenant-Colonel Sir Charles Rowan KCB was an officer in the British Army, serving in the Peninsular War and Waterloo and the joint first Commissioner of Police of the Metropolis, head of the London Metropolitan Police....
, Commissioner of the Metropolitan Police, Edwin Chadwick
Edwin Chadwick
Sir Edwin Chadwick KCB was an English social reformer, noted for his work to reform the Poor Laws and improve sanitary conditions and public health...
and Charles Shaw Lefevre
Charles Shaw-Lefevre, 1st Viscount Eversley
Charles Shaw-Lefevre, 1st Viscount Eversley GCB, PC , was a British Whig politician. He served as Speaker of the House of Commons from 1839 to 1857...
. The commission was appointed against a background of unrest and violence in some areas of the country, with protests against the New Poor Law and agitation by Chartists
Chartism
Chartism was a movement for political and social reform in the United Kingdom during the mid-19th century, between 1838 and 1859. It takes its name from the People's Charter of 1838. Chartism was possibly the first mass working class labour movement in the world...
for social and political reform. Chadwick was strongly in favour of the creation of a single centralised force, but this was opposed by not only the two other commissioners but also by the Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
, Lord John Russell
John Russell, 1st Earl Russell
John Russell, 1st Earl Russell, KG, GCMG, PC , known as Lord John Russell before 1861, was an English Whig and Liberal politician who served twice as Prime Minister of the United Kingdom in the mid-19th century....
. Russell wrote to the magistrates of the various counties asking them to support the resolution passed in Shropshire
Shropshire
Shropshire is a county in the West Midlands region of England. For Eurostat purposes, the county is a NUTS 3 region and is one of four counties or unitary districts that comprise the "Shropshire and Staffordshire" NUTS 2 region. It borders Wales to the west...
to establish a body of constables paid for out of the county rate and under the control of the magistrates. The commission's report, issued in 1839, followed the lines favoured by Russell. It recommended that "a properly trained and equipped preventative police force" based on the pattern of the existing Metropolitan Police
Metropolitan police
Metropolitan Police is a generic title for the municipal police force for a major metropolitan area, and it may be part of the official title of the force...
, should be established in all counties where the magistrates were in favour. Each force should be funded mostly by local rates, with 25% of the cost met by central government. The force would be under the supervision of the county magistrates, who would have the power to employ or remove officers, subject to statutory regulations.
Provisions of the Act
The Act allowed Justices of the Peace of any countyCounty
A county is a jurisdiction of local government in certain modern nations. Historically in mainland Europe, the original French term, comté, and its equivalents in other languages denoted a jurisdiction under the sovereignty of a count A county is a jurisdiction of local government in certain...
, in general or quarter sessions
Quarter Sessions
The Courts of Quarter Sessions or Quarter Sessions were local courts traditionally held at four set times each year in the United Kingdom and other countries in the former British Empire...
, to appoint constables "for the preservation of the peace and protection of the inhabitants" where they felt the existing system of parish constable
Constable
A constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions.-Etymology:...
s was insufficient.
The constables were to be appointed on a ratio of not more than one officer per one thousand of population. Borough
Municipal borough
Municipal boroughs were a type of local government district which existed in England and Wales between 1835 and 1974, in Northern Ireland from 1840 to 1973 and in the Republic of Ireland from 1840 to 2002...
s operating under the Municipal Corporations Act 1835
Municipal Corporations Act 1835
The Municipal Corporations Act 1835 – sometimes known as the Municipal Reform Act, was an Act of the Parliament of the United Kingdom that reformed local government in the incorporated boroughs of England and Wales...
had the power to form their own police force and were to be excluded from the jurisdiction of the county police.
In each county where the Act was adopted a Chief Constable
Chief Constable
Chief constable is the rank used by the chief police officer of every territorial police force in the United Kingdom except for the City of London Police and the Metropolitan Police, as well as the chief officers of the three 'special' national police forces, the British Transport Police, Ministry...
was to be appointed. Where a county was divided into two parliamentary divisions by the Reform Act 1832
Reform Act 1832
The Representation of the People Act 1832 was an Act of Parliament that introduced wide-ranging changes to the electoral system of England and Wales...
, a chief constable could be appointed to each division. It was also permitted for one chief constable to be appointed to two or more neighbouring counties.
For the purposes of the Act all county exclaves were to be part of the county by which they were surrounded, or with which they had the longest common boundary. All franchises or liberties
Liberty (division)
Originating in the Middle Ages, a liberty was traditionally defined as an area in which regalian rights were revoked and where land was held by a mesne lord...
, other than reformed boroughs were also to come under the county police.
A "county" for the purposes of the Act was defined as being "any County, Riding or Division having a separate Court of Quarter Sessions of the Peace or in which separate County Rates are made". The Act was not to extend to the Metropolitan Police District
Metropolitan Police District
The Metropolitan Police District is the police area which is policed by London's Metropolitan Police Service. It currently consists of Greater London, excluding the City of London.-History:...
.
Establishing a force
In order to establish a force in a county, it was necessary for three or more magistrates to make requisition to the chairman of the quarter sessionsQuarter Sessions
The Courts of Quarter Sessions or Quarter Sessions were local courts traditionally held at four set times each year in the United Kingdom and other countries in the former British Empire...
to bring the matter to a vote. If the sessions chose to adopt the act they were obliged to prepare a report on the area and population of the county and the existing method of policing. The report would set out how it was proposed to apply the legislation to the county, detailing the number of constables, the divisions of the county and the salaries to be paid and making any additional rules and regulations deemed necessary. The report was then submitted for approval to the Home Secretary who could modify parts of the scheme but did not have the power to alter the number of constables or their salaries. The sessions had the power to choose a chief constable, but his appointment was also subject to the approval of the Home Secretary. In some cases magistrates chose to form a force in only part of a county.
The first county to form a constabulary under the 1839 Act was Wiltshire
Wiltshire Constabulary
Wiltshire Police, formerly known as the Wiltshire Constabulary, is the territorial police force responsible for policing Wiltshire and Swindon in the south-west of England.-History:...
. On 13 November the court of quarter sessions agreed to adopt the act, and on 28 November appointed Commander Samuel Meredith, Royal Navy
Royal Navy
The Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
as chief constable. The appointment was approved on 5 December, and Wiltshire's example was quickly followed by Gloucestershire, Worcestershire and Durham.
Amendment: the County Police Act 1840
Within a few months of the first county constabularies being formed, a number of problems with the legislation became apparent. Accordingly the Hon. Fox Maule introduced a bill to the House of Commons in February 1840. Maule outlined the problems:"...difficulties had arisen from the mode of payment provided for carrying into effect the regulations of the act, by levying it out of the county rates; a difficulty as to that provision had arisen in various counties, in which certain districts only had adopted the act. In counties, also, in which there were isolated portions of other counties, it was difficult to say how those isolated portions were to be dealt with, because they were incorporated in the police districts of another county than that in which they were rated for the payment..."
The bill was enacted as the County Police Act 1840 (3&4 Vict., c. 88). It provided inter alia for the voluntary merging of boroughMunicipal boroughMunicipal boroughs were a type of local government district which existed in England and Wales between 1835 and 1974, in Northern Ireland from 1840 to 1973 and in the Republic of Ireland from 1840 to 2002...
police forces with county constabularies and the levying of a new "police rate".
The main provisions of the act were:
- Justices of the peace were permitted to transfer areas from one county to another for police purposes.
- A special police rate was to be levied to finance the county constabulary, instead of the cost being part of the general county rate.
- Where parts of one county were policed by the constabulary of another county, the rate payers were to pay the police rate to the county providing the constables.
- Boroughs were permitted to consolidate their police force with that of the county in which they were situate, and a single chief constable could be appointed for a consolidated force.
- The chief constable of a consolidated force could dismiss borough constables, but new constables for the area were to be appointed by the Watch Committee of the borough corporation.
- Justices were empowered to divide the county into districts, each with a population of not less than 25,000. Separate police rates could be levied on ratepayers of each division. However, constables were liable to serve throughout the county, regardless of which district they were assigned to.
- The act repeated the definition of a county as in the 1839 Act, and noted that the Isle of Ely
Isle of ElyThe Isle of Ely is a historic region around the city of Ely now in Cambridgeshire, England but previously a county in its own right.-Etymology:...
should be considered a county for constabulary purposes.- Permission was given to the justices to acquire land and buildings, and borrow money for the construction of police stations and to build strong rooms for the temporary confinement of prisoners.
- If, in the opinion of the justices in quarter sessions, the constables provided under the 1839 act were no longer needed, they could disband them, having given six months notice to the Home Secretary. No county forces were dis-established, and a resolution in 1843 to dissolve the Worcestershire Constabulary as "the benefit derived from the employment of the rural police in the County of Worcester has not been equal to the expense it has occasioned to the ratepayers" was soundly defeated.
List of forces established under the County Police Acts
By 1851 constabularies had been formed to cover all or part of the following counties:
County Notes Bedfordshire BedfordshireBedfordshire is a ceremonial county of historic origin in England that forms part of the East of England region.It borders Cambridgeshire to the north-east, Northamptonshire to the north, Buckinghamshire to the west and Hertfordshire to the south-east....Adopted in 1840 Cambridgeshire CambridgeshireCambridgeshire is a county in England, bordering Lincolnshire to the north, Norfolk to the northeast, Suffolk to the east, Essex and Hertfordshire to the south, and Bedfordshire and Northamptonshire to the west...Isle of Ely Isle of ElyThe Isle of Ely is a historic region around the city of Ely now in Cambridgeshire, England but previously a county in its own right.-Etymology:...
: adopted in 1841Cambridgeshire: adopted in 1851 Cardiganshire CeredigionCeredigion is a county and former kingdom in mid-west Wales. As Cardiganshire , it was created in 1282, and was reconstituted as a county under that name in 1996, reverting to Ceredigion a day later...Carmarthenshire CarmarthenshireCarmarthenshire is a unitary authority in the south west of Wales and one of thirteen historic counties. It is the 3rd largest in Wales. Its three largest towns are Llanelli, Carmarthen and Ammanford...Adopted in 1843 Cumberland CumberlandCumberland is a historic county of North West England, on the border with Scotland, from the 12th century until 1974. It formed an administrative county from 1889 to 1974 and now forms part of Cumbria....Only in formed in the Derwent Division of the county. Denbighshire Denbighshire (historic)Historic Denbighshire is one of thirteen traditional counties in Wales, a vice-county and a former administrative county, which covers an area in north east Wales...Formed in the Denbigh and Wrexham Districts Dorset DorsetDorset , is a county in South West England on the English Channel coast. The county town is Dorchester which is situated in the south. The Hampshire towns of Bournemouth and Christchurch joined the county with the reorganisation of local government in 1974...Constables appointed in the consolidated divisions of Sturminster Newton and Shaftesbury and in the Borough of Shaftesbury ShaftesburyShaftesbury is a town in Dorset, England, situated on the A30 road near the Wiltshire border 20 miles west of Salisbury. The town is built 718 feet above sea level on the side of a chalk and greensand hill, which is part of Cranborne Chase, the only significant hilltop settlement in Dorset...
.Durham County DurhamCounty Durham is a ceremonial county and unitary district in north east England. The county town is Durham. The largest settlement in the ceremonial county is the town of Darlington...Adopted act in 1839 Essex EssexEssex is a ceremonial and non-metropolitan county in the East region of England, and one of the home counties. It is located to the northeast of Greater London. It borders with Cambridgeshire and Suffolk to the north, Hertfordshire to the west, Kent to the South and London to the south west...Act adopted 25 November 1839, chief constable appointed 11 February 1840 Gloucestershire GloucestershireGloucestershire is a county in South West England. The county comprises part of the Cotswold Hills, part of the flat fertile valley of the River Severn, and the entire Forest of Dean....Adopted in 1839 Hampshire HampshireHampshire is a county on the southern coast of England in the United Kingdom. The county town of Hampshire is Winchester, a historic cathedral city that was once the capital of England. Hampshire is notable for housing the original birthplaces of the Royal Navy, British Army, and Royal Air Force...Act adopted December 1839. Chief constable elected by magistrates on 31 December 1839. Hertfordshire HertfordshireHertfordshire is a ceremonial and non-metropolitan county in the East region of England. The county town is Hertford.The county is one of the Home Counties and lies inland, bordered by Greater London , Buckinghamshire , Bedfordshire , Cambridgeshire and...Lancashire LancashireLancashire is a non-metropolitan county of historic origin in the North West of England. It takes its name from the city of Lancaster, and is sometimes known as the County of Lancaster. Although Lancaster is still considered to be the county town, Lancashire County Council is based in Preston...Leicestershire LeicestershireLeicestershire is a landlocked county in the English Midlands. It takes its name from the heavily populated City of Leicester, traditionally its administrative centre, although the City of Leicester unitary authority is today administered separately from the rest of Leicestershire...Montgomeryshire MontgomeryshireMontgomeryshire, also known as Maldwyn is one of thirteen historic counties and a former administrative county of Wales. Montgomeryshire is still used as a vice-county for wildlife recording...Norfolk NorfolkNorfolk is a low-lying county in the East of England. It has borders with Lincolnshire to the west, Cambridgeshire to the west and southwest and Suffolk to the south. Its northern and eastern boundaries are the North Sea coast and to the north-west the county is bordered by The Wash. The county...Northamptonshire NorthamptonshireNorthamptonshire is a landlocked county in the English East Midlands, with a population of 629,676 as at the 2001 census. It has boundaries with the ceremonial counties of Warwickshire to the west, Leicestershire and Rutland to the north, Cambridgeshire to the east, Bedfordshire to the south-east,...Northamptonshire Not in Liberty of Peterborough Soke of PeterboroughThe Soke of Peterborough is an historic area of England that is traditionally associated with the City and Diocese of Peterborough, but considered part of Northamptonshire...Nottinghamshire NottinghamshireNottinghamshire is a county in the East Midlands of England, bordering South Yorkshire to the north-west, Lincolnshire to the east, Leicestershire to the south, and Derbyshire to the west...Pembrokeshire PembrokeshirePembrokeshire is a county in the south west of Wales. It borders Carmarthenshire to the east and Ceredigion to the north east. The county town is Haverfordwest where Pembrokeshire County Council is headquartered....Rutland RutlandRutland is a landlocked county in central England, bounded on the west and north by Leicestershire, northeast by Lincolnshire and southeast by Peterborough and Northamptonshire....Shropshire ShropshireShropshire is a county in the West Midlands region of England. For Eurostat purposes, the county is a NUTS 3 region and is one of four counties or unitary districts that comprise the "Shropshire and Staffordshire" NUTS 2 region. It borders Wales to the west...Staffordshire StaffordshireStaffordshire is a landlocked county in the West Midlands region of England. For Eurostat purposes, the county is a NUTS 3 region and is one of four counties or unitary districts that comprise the "Shropshire and Staffordshire" NUTS 2 region. Part of the National Forest lies within its borders...Suffolk SuffolkSuffolk is a non-metropolitan county of historic origin in East Anglia, England. It has borders with Norfolk to the north, Cambridgeshire to the west and Essex to the south. The North Sea lies to the east...Eastern Division East SuffolkEast Suffolk, along with West Suffolk, was created in 1888 as an administrative county of England. The administrative county was based on the eastern quarter sessions division of Suffolk...Western Division West SuffolkWest Suffolk was an administrative county of England created in 1889 from part of the county of Suffolk. It survived until 1974 when it was rejoined with East Suffolk. Its county town was Bury St Edmunds....Surrey SurreySurrey is a county in the South East of England and is one of the Home Counties. The county borders Greater London, Kent, East Sussex, West Sussex, Hampshire and Berkshire. The historic county town is Guildford. Surrey County Council sits at Kingston upon Thames, although this has been part of...Constabulary formed in 1851 in the part of the county not included in the Metropolitan Police District Metropolitan Police DistrictThe Metropolitan Police District is the police area which is policed by London's Metropolitan Police Service. It currently consists of Greater London, excluding the City of London.-History:...Sussex SussexSussex , from the Old English Sūþsēaxe , is an historic county in South East England corresponding roughly in area to the ancient Kingdom of Sussex. It is bounded on the north by Surrey, east by Kent, south by the English Channel, and west by Hampshire, and is divided for local government into West...Western Division West SussexWest Sussex is a county in the south of England, bordering onto East Sussex , Hampshire and Surrey. The county of Sussex has been divided into East and West since the 12th century, and obtained separate county councils in 1888, but it remained a single ceremonial county until 1974 and the coming...
only.Warwickshire WarwickshireWarwickshire is a landlocked non-metropolitan county in the West Midlands region of England. The county town is Warwick, although the largest town is Nuneaton. The county is famous for being the birthplace of William Shakespeare...Only in one of 4 hundreds Hundred (division)A hundred is a geographic division formerly used in England, Wales, Denmark, South Australia, some parts of the United States, Germany , Sweden, Finland and Norway, which historically was used to divide a larger region into smaller administrative divisions...
of county.Westmorland WestmorlandWestmorland is an area of North West England and one of the 39 historic counties of England. It formed an administrative county from 1889 to 1974, after which the entirety of the county was absorbed into the new county of Cumbria.-Early history:...In East Ward and West Ward only: In 1851 it had been decided to extend the acts to Kendal Ward to form a consolidated force with the Kendal Borough Police Wiltshire WiltshireWiltshire is a ceremonial county in South West England. It is landlocked and borders the counties of Dorset, Somerset, Hampshire, Gloucestershire, Oxfordshire and Berkshire. It contains the unitary authority of Swindon and covers...Adopted in 1839. Worcestershire WorcestershireWorcestershire is a non-metropolitan county, established in antiquity, located in the West Midlands region of England. For Eurostat purposes it is a NUTS 3 region and is one of three counties that comprise the "Herefordshire, Worcestershire and Warwickshire" NUTS 2 region...Adopted in 1839 Yorkshire, East Riding In one division only.