The Criminal Justice Inspectorate
70. The Review of the Criminal Justice System in
Northern Ireland (2000) recommended that an independent Criminal
Justice Inspectorate should be set up in Northern Ireland. In
August 2003, a Chief Inspector of Criminal Justice was appointed
by the government. The aim of the Inspectorate is to contribute
to the government's overall aim for peace and stability in Northern
Ireland by helping to improve confidence in the criminal justice
system. The Chief Inspector has power to conduct inspections into
a range of agencies, including the PSNI, the Northern Ireland
Prison Service, the Police Ombudsman for Northern Ireland and
the Northern Ireland Tourist Board. However, his remit does not
extend to the Policing Board.
71. The Minister told us that the Policing Board
did not come within the Inspector's remit because "it does
not have an executive function in the criminal justice system"
and that it neither had an investigatory nor prosecution function.[129]
He explained that the Chief Inspector is able to inspect the Board
where it forms part of a cross-cutting "thematic inspection".[130]
72. We were surprised that the remit of the Chief
Inspector of Criminal Justice does not extend to cover the Policing
Board. The Policing Board is the disciplinary authority for senior
officers of the PSNI and, as a result, examines public complaints
against such officers. This appears to us to be an executive function,
and we recommend, therefore, that the government gives further
consideration to extending the Chief Inspector's remit to include
the Policing Board.
Complaints against the Policing
Board
73. We queried whether there was any formal provision
within the Policing Board's Complaints Policy for appeals from
the Board. The Chief Executive gave us his view that complainants
did have the opportunity to appeal to the Secretary of State.[131]
However, the Minister clarified later that there is no formal
right of appeal set out in the Board's policy.[132]
74. It is important that individuals who have
a complaint against the Policing Board, and remain dissatisfied
with remedies arising from approaches to the Board itself, understand
clearly what further scope for appeal exists. There is a formal
structure in place for appeals from the Police Ombudsman and,
in our view, there should be similar arrangements for appeals
from Policing Board decisions. We recommend that the government
and the Board bring forward appropriate proposals quickly.
98 The DPP for Dungannon and South Tyrone was not set
up until December 2004 Back
99
See para 19 above Back
100
See para 14 Back
101
Qq 28, 29 Back
102
Q 69 Back
103
Q 99 Back
104
Ev 5 Back
105
Ev 5 Back
106
Ev 14 Back
107
Ev 90 Back
108
Ev 14 Back
109
Ev 90 Back
110
Ev 14 Back
111
Q 126 Back
112
Q 126 Back
113
Qq 126, 127 Back
114
Ev 90 Back
115
Ev 85 Back
116
Ev 79 Back
117
Q 35 Back
118
Q 35 Back
119
Q134 Back
120
Ev 81 Back
121
Ev 81 Back
122
Ev 85 Back
123
Q 71 Back
124
Qq 38, 40 Back
125
Ev 6, Q 39 Back
126
Q 69 Back
127
Ev 71 Back
128
Q 141 Back
129
Q 166 Back
130
Q 168 Back
131
Q 55 Back
132
Ev 90 Back