HC Deb 30 July 1974 vol 878 cc144-6W

1. This scheme would apply to complaints from a member of the public against a member of a police force, to which Section 49 of the Police Act 1964 applies, and would not affect other matters of internal police discipline.

The Commission 2. There would be established an independent statutory commission, with members drawn from a national panel or regional panels, and including police members for certain purposes—see paragraph 7 below. The commission would have a full-time staff suitably qualified to undertake a first sift of complaints in the light of a police investigation.

Investigation 3. The initial investigation of a complaint would continue to be conducted by the police.

Criminal cases 4. Investigating officers' reports on complaints involving possible criminal offences would, as now, be submitted to the Director of Public Prosecutions for his decision on whether a prosecution should be brought. It would not be open to the commission to review the Director's decision, nor would disciplinary proceedings be brought on evidence which the Director had decided was insufficient for criminal proceedings.

Decisions on disciplinary action 5. At the conclusion of the investigation, and after any necessary reference to the Director, the investigating officer's report would be sent to the staff of the commission, except in cases where—

  1. (a) the complainant had withdrawn his complaint, or had indicated that he did not wish any action to be taken on it; or
  2. (b) the Director of Public Prosecutions had decided on criminal proceedings.
6. The commission staff would advise the deputy chief constable (DCC)—
  1. (a) whether any further investigation was required; and, subject to that,
  2. (b) whether the evidence was such as to support the bringing of disciplinary proceedings; and, if it was,
  3. (c) whether the mattter was (i) serious, and therefore ought to be dealt with by bringing disciplinary proceedings, or (ii) not of that kind, in which case the DCC would decide for himself how to deal with it.
7. If the complainant objected to a decision not to bring proceedings, or the DCC thought that there were reasons for dealing in some other way with a case in which the commission staff had advised that there should be proceedings, the case would be referred to a single independent member of the commission, who would ordinarily reach a conclusion himself on the matters set out at (a) to (c) in paragraph 6 above, solely on consideration of the papers. In an important or difficult case, however, he could refer the issues to the commission—consisting for this purpose of himself, another independent member, and a police member unconnected with the force against which the complaint was made.

Disciplinary hearings 8. In a case where the commission, or a single member, had concluded that the matter was serious and ought to be dealt with by bringing disciplinary proceedings, or the DCC had accepted advice to this effect from the commission staff, the DCC could if he thought fit arrange for the disciplinary charges to be heard by a tribunal, consisting for this purpose of two independent members of the commission not previously concerned with the case and the chief constable who would otherwise have sat alone to hear it. 9. If the complainant or the officer complained of wished any disciplinary proceedings to be heard by a tribunal, he would have the right to apply to a single independent member of the commission, whose decision on the matter would be final. The criteria governing this decision would be—

  1. (a) the seriousness of the case, and
  2. (b) whether for any other reason of public interest—including publicity given to criticisms of accused officers—it was desirable that the charges should be dealt with by a disciplinary authority including an independent element.
10. The tribunal would hear disciplinary proceedings in private. It would decide by a majority whether the charges had been proved. The decision on punishment would be taken by the chief officer, but in consultation with the other members of the tribunal.

Appeals 11. It would be for consideration whether, in consequence of these changes, there should be any changes in the present arrangements for dealing with disciplinary appeals.