Sense and Sensitivity

Abstract

Lord Scarman’s summary of the principle of ‘consent and balance’ referred to in the chapter on ‘Discretion’ stressed the importance of the commonsense exercise of discretion and that the existence of discretion enables the police to act with sensitivity as well as firmly and fairly.¹ This suggests that a discussion on sense and sensitivity is merely an extension of the views expressed on discretion and it is true that discretion includes the application of common sense and sensitivity. Sensitivity, like discretion, operates at different levels and the sensitivity referred to by Lord Scarman was in respect of enforcement policies and policing generally. His comments were directed at those officers who are responsible for operational policies and the style of policing to be adopted in particular areas.