Controlling Police Misconduct, Complaints Against the Police and the Process of Law Reform: An Academic War Story (From Government Illegality, P 51-75, 1987, Peter Grabosky and Irena LeLievre, eds. -- See NCJ-107466)

• NCJ Number: 107467
• Author(s): M Goode
• Date Published: 1987
• Length: 25 pages
• Sale Source: Australian Institute of Criminology
• Publication Type: Legislation/Policy Description
• Language: English
• Country: Australia

Annotation

The mechanism for handling complaints against police and police misconduct in South Australia had its beginnings in the 1983 Grieve report, which recommended the establishment of a Police Complaints Authority.

Abstract

However, the recommendations in this report were seriously flawed in that they involved significant disincentives to genuine complaints, an unacceptable degree of secrecy in the process, the vesting of authority in a Supreme Court judge, and legal problems such as double jeopardy and the enactment of related criminal offenses. Following debate on these and related issues, legislation finally was enacted in 1985 that established a Police Complaint Authority and a police investigation branch within the police force. The legislation covers procedures for complaints, investigation, charging, and trial. While the legislation avoids some of the problems implicit in the Grieve Report recommendations, issues relating to oversight, concurrent investigation, investigative powers, the burden of proof, and secrecy still remain.