Cascading Constraint and Subsidiary Discretion: Perspectives on Police Discretion From Police-Led Drug Diversion and Stop and Search in England

By : Lex Stevens, Winifred Agnew-Pauley, Matthew Bacon, Helen Glasspoole-Bird, Nadine Hendrie, Caitlin Elizabeth Hughes, Charlie Lloyd, Mark Monaghan, Rivka Smith, Charlie Sutton 

This article explores how discretion is managed and exercised across senior, middle, and street levels of policing. It uses qualitative data from two studies in England. The first, a study across three police force areas, involved interviews and focus groups with 221 people who were designers, deliverers, and recipients of police-led drug diversion. The second study used 354 hours of ethnographic observation and 21 interviews to examine stop-and-search practices in one other police force. Rather than a simply expanding scope of discretion at lower levels of the hierarchy, the findings reveal a multi-level process of cascading constraints and subsidiary discretion. At each level, we observe the exercise of occupational professionalism and autonomous judgement, but higher-level constraints shape how discretion is applied in pursuit of organizational professionalism.