What is the police complaints procedure?
You are able to make a complaint against the police if they have failed in the following standards of professional behaviour:
· Authority, Respect and Courtesy - Police officers must act with self-control and tolerance. Police officers must not abuse their powers or authority and must respect the rights of all individuals.
· Challenging and Reporting Improper Conduct - Police officers must report, challenge or take action against the conduct of colleagues which has fallen below the Standards of Professional conduct.
· Confidentiality - Police officers must treat information with respect and access or disclose it only in the proper course of police duties.
· Discreditable Conduct - Police officers must behave in a manner which does not discredit the police service or undermine public confidence in it, whether on or off duty. Police officers must report any action taken against them for a criminal offence, any conditions imposed on them by a court or the receipt of any penalty notice.
· Duties and Responsibilities - Police officers must be diligent in the exercise of their duties and responsibilities.
· Equality and Diversity - Police officers must act with impartiality. They must not discriminate unlawfully or unfairly.
· Fitness for Duty - Police officers when on duty or presenting themselves for duty must be fit to carry out their responsibilities.
· Honesty and Integrity - Police officers must act with integrity, must not compromise or abuse their position.
· Orders and Instructions - Police officers can only give and carry out lawful orders and instructions. Police officers must abide by police regulations, force policies and lawful orders.
· Use of Force - Police officers must only use force to the extent that it is necessary, proportionate and reasonable in all the circumstances.
Often these situations arise when the police have subjected a person to unlawful arrests, unlawful use of force, unlawful search of your home and/or discrimination to name a few.
Is there a deadline to make a complaint against the police?
If you wish to bring a complaint against the police, this should be done within a year of the event which the complaint is about.
If you have not made the complaint within one year, you will need to provide good reason for the delay. However, this does not guarantee that the complaint will be investigated.
What happens with my police complaint?
Complaints can either be made to the Independent Office for Police Conduct (‘IOPC’) or directly the police force in question, where it will be dealt with by the Professional Standards Department within that particular force.
If you have complained to the local force, they will suggest either:
· Local resolution: which is for less serious complaints. It is an informal process and aims to provide an explanation of what happened and can result in an apology.
· Local investigation: which is a more formal process for more serious complaints. This will involve a full investigation, and you will be allocated an investigating officer who will produce a report on the incident. The investigating officer may also wish to take a statement from you for the report. Local investigations can result in sanctions for the police officers involved.
In the most serious cases, the case will be referred to the IOPC. The IOPC deal with matters which have the potential to affect public confidence in the police, such as deaths and serious injuries.
If there is evidence of misconduct, the officer/s in question could be subjected to disciplinary action and criminal charges. If the conduct is considered serious enough to face criminal charges, the case will be referred to the Crown Prosecution Service.
Can I appeal the outcome of my police complaint?
If you are dissatisfied with the outcome of your police complaint you may have a right of appeal, depending on the nature of the investigation. You should be advised of any appeal right when you are notified of the outcome.
If you wish to consider a right to review or appeal where it is not available, it is asked that you seek legal advice on this matter.
We at Saunders Law have an experienced Actions Against the Police Team. You can contact our solicitors for independent legal advice via our website or on 020 7632 4300.