Organisational Discretionary Decision Making in the Police with Particular Reference to the Prosecution of Serious Matters

Abstract

Police discretionary decision making is expanding in several areas, including in roles which are primarily judicial in nature. This development is documented and analysed within this thesis, with a particular focus upon discretionary deferred charging and prosecution. To undertake this research it was necessary to define its parameters, determine whether a 'problem' exists within this area and, if so, the magnitude of 'the problem', and consider factors which may contribute to its cause and effect. The conclusion reached is that there is a problem, and a model is proposed to bring about positive change. Within this thesis, the police as an organisation is conceptualised as an apparatus which is closely affiliated with mechanisms for societal control. A major theme which pervades this work is that external and internal factors have a strong influence on police discretionary decisions. Close attention is given to adverse affects which may be experienced by certain identified groups within society, such as Maori.