 | |
| |
PART VII |
| |
POLICE COMPLAINTS AND DISCIPLINARY PROCEEDINGS |
| Interpretation of this Part. |
50. - (1) In this Part-
|
| |
"the appropriate disciplinary authority" means- |
| |
(a) in relation to a senior officer, the Police Authority; and
|
| |
(b) in relation to any other member of the police force, the Chief Constable;
|
| |
"complaint" shall be construed in accordance with section 52(8); |
| |
"complainant" means the person by, or on behalf of whom, a complaint is made; |
| |
"disciplinary proceedings" means- |
| |
(a) in relation to a member of the Royal Ulster Constabulary, proceedings identified as such by regulations under section 25;
|
| |
(b) in relation to a reserve constable, proceedings identified as such by regulations under section 26;
|
| |
"officer of the Ombudsman" means- |
| |
(a) a person employed by the Ombudsman under paragraph 3(1) of Schedule 3;
|
| |
(b) a person providing assistance to the Ombudsman in pursuance of arrangements made under paragraph 3(2) of Schedule 3;
|
| |
(c) a member of the police force on temporary service with the Ombudsman in accordance with arrangements under paragraph 5 of Schedule 3;
|
| |
(d) a member of the police force providing assistance to the Ombudsman under paragraph 6 of Schedule 3;
|
| |
(e) a member of a police force in Great Britain on temporary service with the Ombudsman in accordance with arrangements under paragraph 8 of Schedule 3;
|
| |
"the Ombudsman" means the Police Ombudsman for Northern Ireland; |
| |
"police officer" means a member of- |
| |
|
| |
(b) a police force in Great Britain;
|
| |
"prescribed" means prescribed by regulations under section 64; |
| |
"serious complaint" means a complaint- |
| |
(a) alleging that the conduct complained of resulted in the death of, or serious injury to, some person; or
|
| |
(b) of such other description as may be prescribed;
|
| |
"serious injury" means a fracture, damage to an internal organ or impairment of bodily function. |
| |
(2) Where a complaint is made orally, references in this Part to a complaint being referred to a body or person shall be read as references to particulars of the complaint being so referred.
|
| The Police Ombudsman for Northern Ireland. |
51. - (1) For the purposes of this Part there shall be a Police Ombudsman for Northern Ireland.
|
| |
(2) The person for the time being holding the office of Police Ombudsman for Northern Ireland shall by that name be a corporation sole.
|
| |
(3) Schedule 3 shall have effect in relation to the Police Ombudsman for Northern Ireland (in this Part referred to as "the Ombudsman").
|
| |
(4) The Independent Commission for Police Complaints for Northern Ireland is hereby abolished.
|
| Complaints - receipt and initial classification of complaints. |
52. - (1) For the purposes of this Part, all complaints about the police force shall either-
|
| |
(a) be made to the Ombudsman; or |
| |
(b) if made to a member of the police force, the Police Authority or the Secretary of State, be referred immediately to the Ombudsman. |
| |
(2) Where a complaint-
|
| |
(a) is made to the Chief Constable; and |
| |
(b) appears to the Chief Constable to be a complaint to which subsection (4) applies, |
| |
the Chief Constable shall take such steps as appear to him to be desirable for the purpose of preserving evidence relating to the conduct complained of.
|
| |
(3) The Ombudsman shall-
|
| |
(a) record and consider each complaint made or referred to him under subsection (1); and |
| |
(b) determine whether it is a complaint to which subsection (4) applies. |
| |
(4) Subject to subsection (5), this subsection applies to a complaint about the conduct of a member of the police force which is made by, or on behalf of, a member of the public.
|
| |
(5) Subsection (4) does not apply to a complaint in so far as it relates to the direction and control of the police force by the Chief Constable.
|
| |
(6) Where the Ombudsman determines that a complaint made or referred to him under paragraph (1) is not a complaint to which subsection (4) applies, he shall refer the complaint to the Chief Constable, the Police Authority or the Secretary of State as he thinks fit and shall notify the complainant accordingly.
|
| |
(7) A complaint referred under subsection (6) shall be dealt with according to the discretion of the Chief Constable, the Police Authority or the Secretary of State (as the case may be).
|
| |
(8) Subject to subsection (9), where the Ombudsman determines that a complaint made or referred to him under subsection (1) is a complaint to which subsection (4) applies, the complaint shall be dealt with in accordance with the following provisions of this Part; and accordingly references in those provisions to a complaint shall be construed as references to a complaint in relation to which the Ombudsman has made such a determination.
|
| |
(9) If any conduct to which a complaint wholly or partly relates is or has been the subject of disciplinary or criminal proceedings, none of the following provisions of this Part shall have effect in relation to the complaint in so far as it relates to that conduct.
|
| |
(10) In the case of a complaint made otherwise than as mentioned in subsection (2)(a), the Chief Constable shall, if so requested by the Ombudsman, take such steps as appear to the Chief Constable to be desirable for the purpose of preserving evidence relating to the conduct complained of.
|
| Complaints - informal resolution. |
53. - (1) The Ombudsman shall consider whether the complaint is suitable for informal resolution and may for that purpose make such investigations as he thinks fit.
|
| |
(2) A complaint is not suitable for informal resolution unless-
|
| |
(a) the complainant gives his consent; and |
| |
(b) it is not a serious complaint. |
| |
(3) If it appears to the Ombudsman that the complaint is suitable for informal resolution, he shall refer the complaint to the appropriate disciplinary authority.
|
| |
(4) Where a complaint is referred under subsection (3), the appropriate disciplinary authority shall seek to resolve it informally and may appoint a member of the police force to do so on behalf of the authority.
|
| |
(5) The Chief Constable shall, at the request of the Police Authority, provide a member of the police force to be appointed by the Police Authority under subsection (4).
|
| |
(6) If, after attempts have been made to resolve a complaint informally, it appears to the appropriate disciplinary authority-
|
| |
(a) that informal resolution of the complaint is impossible; or |
| |
(b) that the complaint is for any other reason not suitable for informal resolution, |
| |
the appropriate disciplinary authority shall notify the Ombudsman accordingly and refer the complaint to him.
|
| |
(7) Subject to subsection (8), no statement made by any person for the purpose of the informal resolution of a complaint shall be admissible in any subsequent criminal, civil or disciplinary proceedings.
|
| |
(8) A statement is not rendered inadmissible by subsection (7) if it consists of or includes an admission relating to a matter which does not fall to be resolved informally.
|
| Complaints - formal investigation. |
54. - (1) If-
|
| |
(a) it appears to the Ombudsman that a complaint is not suitable for informal resolution; or |
| |
(b) a complaint is referred to the Ombudsman under section 53(6), |
| |
the complaint shall be formally investigated as provided in subsection (2) or (3).
|
| |
(2) Where the complaint is a serious complaint, the Ombudsman shall formally investigate it in accordance with section 56.
|
| |
(3) In the case of any other complaint, the Ombudsman may as he thinks fit-
|
| |
(a) formally investigate the complaint in accordance with section 56; or |
| |
(b) refer the complaint to the Chief Constable for formal investigation by a police officer in accordance with section 57. |
| Consideration of other matters by the Ombudsman. |
55. - (1) The Police Authority or the Secretary of State may refer to the Ombudsman any matter which-
|
| |
(a) appears to the Authority or the Secretary of State to indicate that a member of the police force may have- |
| |
(i) committed a criminal offence; or
|
| |
(ii) behaved in a manner which would justify disciplinary proceedings; and
|
| |
(b) is not the subject of a complaint, |
| |
if, after consultation with the Ombudsman and the Chief Constable, it appears to the Authority or the Secretary of State that it is desirable in the public interest that the Ombudsman should investigate the matter.
|
| |
(2) The Chief Constable shall refer to the Ombudsman any matter which appears to the Chief Constable to indicate that conduct of a member of the police force may have resulted in the death of some other person.
|
| |
(3) Where any matter is referred to the Ombudsman under subsection (1) or (2), he shall formally investigate the matter in accordance with section 56.
|
| |
(4) The Chief Constable may refer to the Ombudsman any matter which-
|
| |
(a) appears to the Chief Constable to indicate that a member of the police force may have- |
| |
(i) committed a criminal offence; or
|
| |
(ii) behaved in a manner which would justify disciplinary proceedings; and
|
| |
(b) is not the subject of a complaint, |
| |
if it appears to the Chief Constable that it is desirable in the public interest that the Ombudsman should investigate the matter.
|
| |
(5) Where any matter is referred to the Ombudsman under subsection (4), he shall formally investigate the matter in accordance with section 56 if it appears to him that it is desirable in the public interest that he should do so.
|
| |
(6) The Ombudsman may of his own motion formally investigate in accordance with section 56 any matter which-
|
| |
(a) appears to the Ombudsman to indicate that a member of the police force may have- |
| |
(i) committed a criminal offence; or
|
| |
(ii) behaved in a manner which would justify disciplinary proceedings; and
|
| |
(b) is not the subject of a complaint, |
| |
if it appears to the Ombudsman that it is desirable in the public interest that he should do so.
|
| |
(7) The Ombudsman shall notify-
|
| |
(a) the Police Authority or the Secretary of State, in the case of a matter referred under subsection (1); |
| |
(b) the Chief Constable, in the case of a matter referred under subsection (2) or (4), |
| |
of the outcome of any criminal or disciplinary proceedings brought against a member of the police force in respect of, or in connection with, the matter so referred.
|
