Home > Government & Legislation > Challenging the Police

Challenging the Police

Author: Garry Crystal - Updated: 8 October 2010 | Comment
 
Police Public Complaint Rights Legal

Challenging the police if you feel they have not properly carried out their duties is a legal right for people living in Britain.

There are a number of different ways that complaints can be made if you feel the police have been acting irresponsibly within their duties.

Police Misconduct

There are a number of reasons why the public may want to make a complaint regarding police behaviour.

Reasons can include:

  • Abuse of rights
  • Harassment and use of excessive force
  • A member of the public has been arrested unlawfully
  • A member of the public has been a witness to police misconduct
  • The police are treating certain groups in the community unfairly
  • Allegations of corruption, hate crimes, assault and injury
  • Death or serious injury while in custody

Where to Make a Complaint

Complaints can be submitted verbally or in writing at any local police station. If you are making a complaint in writing always make sure you obtain a copy of the complaint for yourself. You can also make a complaint about the police to an independent agency such as the Citizens Advice Bureau (CAB). Information that is given must be accurate and honest and contain as many details as possible. Remember, the police can take legal action against anyone who makes a false complaint against the police force.

The IPCC

The Independent Police Complaints Commission (IPCC) is an organisation designed specifically to deal with complaints made against the police. If a complaint is made directly to the IPCC they will then forward it to the appropriate police force. The IPCC is a regulatory body that sets the standard regarding how police complaints procedures are handled. This organisation will handle complaints dealing with the behaviour of police officers and police staff. You can also use the IPCC’s online complaint form to send your complaint directly to the IPCC.

Police Complaints Procedure

Complaints about inappropriate behaviour of police officers and staff must be reported within 12 months of the incident taking place. Details should be as accurate as possible and include the time and date of the incident, the people involved and the police identity numbers if possible. Also try to include the names of any witnesses to the incident and anything that may support your claim such as CCTV cameras in the area. Witness statements will also be helpful but should be set out only by the witnesses.

Investigating the Complaint

The complaint will be investigated by a complaints and discipline department within the police force. Most complaints will be dealt with through the local police force but there are exceptions. Very serious complaints such as assault, corruption and discriminatory behaviour may be passed on to the IPCC. The IPCC may then conduct a supervised investigation. The IPCC can conduct supervised, managed and independent investigations depending on the seriousness of the allegation.

Why You Should Complain?

Many people who feel they do have a justifiable complaint against the police will simply forget the matter due to fear of consequences. However, the police do take complaints against police officers very seriously and allegations should always be thoroughly investigated. By making a complaint you are taking a stand that this sort of behaviour will not be tolerated within your own community. Complaints should also always be made if you are a witness to any type of police misconduct.

The Complaint Outcome

There are a number of different scenarios that may be the result of an allegation made against the police. As a result of a complaint the police may have to improve or change their procedures. If the complaint is of a particularly serious nature it may end up being taken to the criminal courts. The police may also end up taking misformal conduct action against the individual officer or officers that the complaint was made against.

Making an Appeal

If you feel that the complaint was not appropriately handled or you are unhappy about the outcome then you may be able to complain to the IPCC. The IPCC will look at the appeal and make a decision as to whether or not to investigate the matter further. The IPCC can also make the police change their decision or investigate the allegation further.

Members of the public should never be afraid of making a complaint against the police. Making a complaint is the only way to ensure that police misconduct is not tolerated within the community.

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