Complaints Against the Police (From Civil Actions Against the Police, P 40-59, 1987, Richard Clayton and Hugh Tomlinson -- See NCJ-120296)

• NCJ Number: 120298
• Author(s): R Clayton; H Tomlinson
• Date Published: 1987
• Length: 20 pages
• Sale Source: Sweet and Maxwell
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United Kingdom

Annotation

The statutory procedure for pursuing allegations of police misconduct is discussed in detail, with emphasis on three steps in the complaints procedure and the relationship between complaints and other proceedings.

Abstract

Preliminary matters in the complaints procedure include determining whether the subject matter is proper, how a complaint is made, and how it may be resolved through an informal procedure. If informal resolution of a complaint is not achieved or is judged unsuitable, an investigation is begun. The standard complaints procedures for allegations against junior and senior officers are outlined and the procedures for the post investigation stage are discussed, including referral of reports, independent disciplinary hearings, the burden of proof for establishing breaches of disciplinary rules, the double jeopardy rule, and the relationship of complaints to civil claims. Relevant case law is included. 49 footnotes.