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EVIDENCE TO THE ROYAL COMMISSION ON CRIMINAL PROCEDURE, MEMORANDUM NO TWO - THE ACCOUNTABILITY OF THE POLICE ENGLAND

NCJ Number
62984
Author(s)
ANON
Date Published
1978
Length
23 pages
Annotation
THE OPERATION OF MAJOR CHECKS ON THE CONDUCT OF POLICE OFFICERS IN THE UNITED KINGDOM IS DESCRIBED.
Abstract
IN NORMAL CIRCUMSTANCES THERE ARE THREE MAIN CHECKS (WHICH ARE TO SOME EXTENT INTERRELATED) ON THE CONDUCT AND ACTIONS OF A POLICE OFFICER: THE GENERAL LAW ENFORCED BY THE COURTS, THE POLICE DISCIPLINE CODE AND CONTROL BY SENIOR OFFICERS, AND THE COMPLAINTS SYSTEM. THESE THREE CHECKS MAY BE SUPPLEMENTED IN EXCEPTIONAL CASES BY SUCH ACTIONS AS A SPECIAL INSPECTION OF THE FORCE, AN INQUIRY (USUALLY PUBLIC) CONDUCTED BY A JUDGE, OR THE REMOVAL OF THE CHIEF OFFICER. UNDER THE GENERAL SANCTION OF CRIMINAL LAW, A POLICE OFFICER CAN BE CHARGED AND CONVICTED FOR OFFENSES ARISING OUT OF JOB CONDUCT (E.G., CORRUPTION, ASSAULT ON A PRISONER, CARELESS DRIVING IN A POLICE CAR). FOR A POLICE OFFICER TO BE CONVICTED OF A CRIMINAL OFFENSE, WHETHER OR NOT CONNECTED WITH WORK, IS ITSELF A DISCIPLINARY OFFENSE FOR WHICH DISMISSAL OR RESIGNATION MAY BE REQUIRED. THE INDIVIDUAL WHO BELIEVES HIMSELF TO BE THE VICTIM OF UNLAWFUL POLICE ACTS MAY BRING A CIVIL SUIT AGAINST THE OFFICER FOR DAMAGES INCURRED. POLICE ARE ALSO BOUND BY THE POLICE DISCIPLINE CODE APPROVED BY PARLIAMENT, AS WELL AS THE GENERAL ORDERS OF EACH FORCE WHICH PRESCRIBED IN DETAIL THE PRACTICE AND PROCEDURES TO BE FOLLOWED BY FORCE MEMBERS. BREACHES OF THESE PRESCRIBED PROCEDURES AMOUNT TO DISCIPLINARY OFFENSES. CITIZENS MAY ALSO BRING COMPLAINTS AGAINST POLICE. SECTION 49 OF THE POLICE ACT 1964 REQUIRES THE CHIEF OFFICER OF EACH FORCE TO SEE THAT COMPLAINTS AGAINST MEMBERS OF THE FORCE ARE PROMPTLY RECORDED AND INVESTIGATED. FOOTNOTES ARE PROVIDED. (RCB)