Police (Complaints Procedure) (Hansard, 15 July 1975)

§ Mr. Roy Jenkins

Yes. In reply to a Question by my hon. Friend on 30th July last year, I outlined a scheme designed to give effect to the principle that the procedure for handling complaints against the police should include an effective independent element to be brought into operation while a complaint was still under consideration. This outline scheme has been the subject of detailed consultations with representatives of the police service and the police authorities, for whose co-operation I am grateful, and those consultations are now complete.

I have set out at the end of this answer a description of the scheme as it now stands, after the modifications made in the light of the consultations. There are three main changes from the outline scheme:

(i) In any given case, a deputy chief constable will consider, before anything goes to the proposed independent com- 424 mission, whether to institute disciplinary proceedings following a complaint. Only if he takes the view that disciplinary proceedings should not be instituted will the case be referred for examination by the commission, which will consider that view, and will have power in the last resort formally to require that disciplinary proceedings be brought.
(ii) All cases referred to the commission will be considered by a commissioner, not just by the commission staff.
(iii) Most disciplinary proceedings will be heard by a chief officer as at present; only in exceptional cases will they be heard by a tribunal. The commission will have the final decision whether a case is to be heard by a chief officer or by a tribunal.

In making these changes, and indeed throughout the consultations, I have been concerned that, without impairing the main principles and purpose of the scheme, we should ensure that the initial investigation of complaints should remain in the hands of the police; that the chief officer's responsibility for the discipline of his force should not be undermined; and that no police officer should be in jeopardy twice in respect of the same complaint.

During the consultations the representatives of local authorities have urged upon me the view that, given the responsibilities in relation to complaints which are placed upon police authorities under Section 50 of the Police Act 1964, there is no need for the introduction of an independent element into the complaints procedure and that, if none the less it is thought right to proceed with proposals to that effect, they would prefer a scheme in which police authorities themselves provide the independent element. Though I am anxious in general to enhance the role of police authorities in relation to the police service, and have recently repeated my willingness to consider, in consultation with representatives of local authorities, ways of doing so, I cannot accept the view that the need for an independent element in the complaints procedure can satisfactorily be met by increasing the role of police authorities: a police authority can scarcely be considered to be independent of the police force it is required to provide.

425W

The commission will therefore be concerned with complaints from members of the public against individual members of police forces below the rank of chief officer. Complaints against chief officers will continue to be the responsibility of the relevant police authorities. In addition, every police authority will continue to have the right to keep itself informed as to the manner in which complaints are dealt with, in the pursuance of its duty to maintain an adequate and efficient police force; and I believe that the work of the proposed commission will prove to be of value to police authorities in that regard.

Legislation to bring this scheme into effect will be introduced as soon as possible. The passage of the legislation will give full opportunities for scrutiny and discussion of the scheme in this House. I should, however, like to make it clear that these proposals in no way imply any general lack of confidence in the police. There has, however, been unease that the handling of complaints against the police is largely in their own hands. The introduction of an independent element will, I believe, not only remove any grounds for that unease but also reinforce the public confidence and trust which the police deservedly enjoy.

One of the other related matters raised during the consultations affects appeals by police officers who have been the subject of disciplinary charges—whether or not arising from complaints by members of the public—against a finding of guilt or the punishment awarded or both. These appeals lie to me. Under the procedure laid down by Schedule 5 to the Police Act 1964, I have to consider whether to appoint one or more persons to hold an inquiry and to report to me. In practice my predecessors and I have not often found such inquiries necessary. While I must continue to look at each case on its individual merits, I intend that in future more inquiries should be held. In particular, I shall be disposed to hold one where a police officer who has been found guilty of a disciplinary offence—other than that of having been convicted of a criminal offence—and has been punished by removal from the force or reduction in rank asks for such an inquiry on appealing against the finding of guilt.

426W

OUTLINE SCHEME

Introductory

1. The purpose of the scheme is to introduce an independent element into the procedure for dealing with complaints by the public against police officers.

2. The scheme will apply only to complaints falling within the terms of Section 49 of the Police Act 1964, which relates to complaints made against a member of a police force in England and Wales by a member of the public, and only to complaints against officers below the rank of chief officer. It will not affect other matters of internal police discipline.

The Commission

3. There will be established an independent statutory commission which will function as a single body covering the whole country. Its members—full-time or part-time—will be appointed by the Home Secretary, and it will be supported by a full-time staff. A single member of the Commission will be able to take decisions on its behalf.

Investigation of Complaints

4. As now, the police will be under a duty to record a complaint and appoint an officer to investigate it. Unless the complainant withdraws his complaint, or indicates that he does not wish any further action to be taken on it, the report of the investigating officer will be considered as described in the following paragraphs.

Consideration of result of investigation

(a) By the Director of Public Prosecutions

5. An investigating officer's report on a complaint involving possible criminal offences will, as now, be submitted to the Director of Public Prosecutions for his decision on whether a prosecution should be brought. The Director's decision will not be open to review by the commission.

(b) By the Deputy Chief Constable (DCC)

6. After any necessary reference to the Director, the DCC will decide whether disciplinary proceedings should be instituted against the officer concerned. (As now, disciplinary proceedings will not be brought on charges which are in substance the same as possible criminal charges on which the Director has decided, on evidential grounds, not to prosecute. But there will be cases where both possible criminal and possible disciplinary proceedings are involved.)

7. If the DCC decides to institute disciplinary proceedings, the case will proceed as in paragraph 11 below with the commission considering whether or not the hearing should be by a tribunal. If the DCC's provisional conclusion is that there should not be disciplinary proceedings, then he will send the investigating officer's report and other documents to the commission with his reasons for that conclusion, without at that stage communicating it to any third party.

8. The commission will have powers to require the police to provide any further information which it considers necessary for the propert consideration of the case, including information which may involve further police investigations.

427W

9. If the commission agrees with the DCC that there should be no disciplinary proceedings, the complainant will be so informed by the commission and the officer will be informed by the DCC.

10. If the commission is inclined to think that disciplinary action ought to be taken, it will seek to resolve the divergence of views by discussion with the DCC. In the last resort, the commission will be able to require disciplinary proceedings to be brought.

Disciplinary Proceedings

11. In any case where discinplary proceedings are instituted, the DCC will serve notice on the accused officer and inform the complainant. (Both would be told if the commission had used its formal power to require the bringing of such proceedings.) The officer will indicate whether or not he admits the charges. If he does, he will appear before the chief officer who will consider the appropriate punishment.

Commission to consider the possibility of a tribunal

12. Where the officer denies the charge the DCC will transmit the papers to the commission which will decide whether the charges are to be heard

(a) by the chief constable sitting alone, as now, or
(b) by a tribunal comprising two members of the commission not previously concerned with the case, and the chief constable who would otherwise have sat alone to hear it.

The DCC will make his own recommendation to the commission on this point, and will also pass to them any representations he has received about it from the officer, the complainant, the police authority or anyone else.

13. The criterion governing the commission's decision will be whether there are exceptional circumstances in the particular case making it desirable in the public interest that the charges should be dealt with by the tribunal. Factors to be regarded as relevant for this decision a re the intrinsic seriousness of the charges, the complexity or difficulty of the case, and any public disquiet or other special circumstances surrounding it. A tribunal will be held if the charge is brought at the formal direction of the commission.

Procedure of tribunal

14. The hearing of charges before a tribunal will follow the pattern laid down for disciplinary proceedings before a chief officer, and will be in private, except that, as now, the complainant will be allowed to attend part of the proceedings. The tribunal will decide by a majority whether the charges have been proved. The decision on punishment will be taken by the chief officer after he has taken account of any views expressed by other members of the tribunal.

Copies of complaints

15. Chief officers will be advised that they should supply any officer against whom a complaint has been made with a copy of the complaint after the case is closed, if the officer so requests and has not been furnished with 428W a copy during the course of dealing with the complaint—for example, in connection with disciplinary proceedings—and if it would not in the particular circumstances of the case be contrary to the public interest to do so.