NCJ Number
49604
Date Published
1976
Length
17 pages
Annotation
THE NEW SOUTH WALES, AUSTRALIA, SYSTEM OF HANDLING CITIZEN COMPLAINTS AGAINST THE POLICE IS EXAMINED, ALONG WITH THE PROS AND CONS OF A CITIZEN REVIEW BOARD. THE USE OF AN OMBUDSMAN IS URGED.
Abstract
NEW SOUTH WALES, LIKE MOST JURISDICTIONS IN AUSTRALIA, HAS A FORMAL PROCEDURE FOR HANDLING CITIZEN COMPLAINTS. THE PROBLEMS WITH THE SYSTEM CENTER ON LACK OF USE BY CITIZENS, THE EXTREME FORMALITY OF THE PROCESS, AND THE SUSPICION THAT A POLICE INTERNAL INVESTIGATION DOES NOT TRULY SERVE CITIZEN NEEDS. A PUBLIC RELATIONS CAMPAIGN HAS BEEN STARTED TO ADVISE CITIZENS OF COMPLAINT PROCEDURES. RELAXING THE FORMALITY OF THE PROCEDURE, TO MAKE IT EASIER FOR THOSE WITH LESS EDUCATION TO MAKE A COMPLAINT, IS AN INTERNAL MATTER. HOWEVER, THE DEBATE ON INTERNAL POLICE REVIEW VERSUS A CITIZEN BOARD IS THE SUBJECT OF GREAT CONTROVERSY. POLICE OFFICIALS POINT OUT THAT OFFICER MORALE IS INJURED WHEN ROUTINE PROBLEMS ARE AIRED BY A CIVILIAN BOARD. THERE IS AS WELL THE FEAR THAT SUCH A BOARD WOULD INCREASE FRIVOLOUS OR HARASSING COMPLAINTS. CITIZENS, ON THE OTHER HAND, HOLD AS SUSPECT THE IMPARTIALITY OF A POLICE INTERNAL REVIEW. SOME SORT OF NEUTRAL INVESTIGATION PROCEDURE IS NEEDED; VARIOUS AUSTRALIAN LAWS AUTHORIZING SUCH NEUTRAL PERSONS OR PANELS ARE SUMMARIZED. MANY AGREE THAT AN OMBUDSMAN OR A PERSON HOLDING SIMILAR AUTHORITY CAN FILTER OUT FRIVOLOUS OR VEXATIOUS COMPLAINTS AND ACHIEVE THE INFORMAL RESOLUTION OF MINOR CHARGES. WHILE CRIMINAL CHARGES SHOULD STILL PROCEED THROUGH THE COURTS, FOR THOSE SERIOUS CHARGES THAT ARE NOT CRIMINAL IN NATURE, A BOARD OF BOTH CIVILIAN AND POLICE REPRESENTATIVES MAY BE THE BEST SOLUTION. REFERENCES ARE FOOTNOTED. (GLR)