Police (Northern Ireland) Act 1998
9. Part VII of the Police (Northern Ireland) Act 1998 establishes
the Office of the Police Ombudsman and sets out its statutory
duties, powers and responsibilities. The Ombudsman's principal
duty is to secure the efficiency, effectiveness and independence
of the police complaints system in Northern Ireland, and to secure
the confidence of the public and the police in that system.[12]
The 1998 Act requires that complaints be made to the Ombudsman
or, if made to a member of the police, or to the Secretary of
State, should be referred to the Ombudsman for consideration.[13]
Complaints must originate from the public and concern the conduct
of a member of the police.[14]
Informal resolution
10. Once the Ombudsman receives a complaint, she must consider
whether it can be resolved informally and, if so, refer the complaint
to the appropriate disciplinary authority.[15]
The Northern Ireland Policing Board is the disciplinary authority
for senior officers of the PSNI, and the Chief Constable is the
disciplinary authority for all other members of the police.[16]
A complaint is not suitable for informal resolution unless the
complainant gives his consent to participate and the complaint
is not deemed serious.[17]
Where the Policing Board or the Chief Constable attempt to resolve
a complaint informally and this proves impossible, or where the
complaint is unsuitable for informal resolution, they must notify
the Ombudsman and refer the complaint to her.[18]
If informal resolution fails, and the complaint is deemed serious,
the Ombudsman must conduct a formal investigation.[19]
Formal investigation
11. The Ombudsman will appoint an investigating officer to conduct
the formal investigation.[20]
When the investigation is completed, the officer will submit a
report to the Ombudsman.[21]
The Ombudsman is able to refer a complaint to the Chief Constable
for formal investigation by a police officer and can supervise
that investigation if she believes it is in the public interest
to do so.[22] She can
also impose conditions about how the investigation should be carried
out.[23]
Criminal or disciplinary proceedings
12. After the Ombudsman considers an investigating officer's report,
she must decide whether a criminal offence may have been committed
by a member of the police.[24]
Where this is the case, she must send a copy of the report to
the DPP, making appropriate recommendations.[25]
The DPP then decides whether to prosecute the police officer under
investigation.[26] If
the Ombudsman decides that no criminal offence may have been committed,
she is required to consider the question of disciplinary proceedings
and to send a memorandum to the relevant disciplinary authority,
recommending whether such proceedings should be brought and stating
the reasons for her decision.[27]
13. The Northern Ireland Policing Board is required
to inform the Ombudsman of the action it has taken in response
to a recommendation.[28]
If the Ombudsman recommends to the Chief Constable that disciplinary
proceedings should be brought in relation to a particular investigation
and the Chief Constable is unwilling to bring disciplinary proceedings,
the Ombudsman can direct him to bring such proceedings.[29]
Oversight of the Office
14. The Secretary of State for Northern Ireland has
powers to require the Ombudsman to report to him on matters relating
to her functions, and she may for that purpose carry out research
into any such matters.[30]
The Ombudsman is able to report to the Secretary of State on matters
which she believes should be drawn to his attention in the public
interest.[31] She must
also provide the Secretary of State with an annual report which
he must lay before Parliament, and provide any copies of reports
to the Policing Board and the Chief Constable.[32]
The Police (Northern Ireland)
Acts 2000 and 2003
15. The Police (Northern Ireland) Acts 2000 and 2003
amend the 1998 Act and extend the powers of the Ombudsman in important
respects. The 2000 Act provides the Ombudsman with the power to
resolve complaints through mediation where she decides, after
formal investigation, that an investigating officer's report does
not indicate that a criminal offence may have been committed by
a police officer and that the complaint is not serious.[33]
If she does so, she must inform the complainant and the police
officer concerned.[34]
If the complainant and the police officer agree to resolve the
complaint through mediation, the Ombudsman must act as mediator.[35]
Where a complaint is resolved through mediation, no further proceedings
can be taken against the police officer under investigation.[36]
16. The 2000 Act also requires the Ombudsman to prepare
statistical and other general information for the Policing Board
so that it can keep itself informed about trends and patterns
in complaints.[37] The
Chief Constable and the Policing Board are also required to provide
the Ombudsman with information and documents that she might need
for exercising her functions.[38]
17. The 2000 Act also gave the Ombudsman power to
report to the Chief Constable and the Policing Board on matters
concerning police practices and policies, which the Ombudsman
identified from investigations. This power was extended under
the 2003 Act to allow the Ombudsman to conduct investigations
into current police practices and policies that have come to her
attention, if she believes that it is in the public interest to
do so.[39]
3 The Royal Ulster Constabulary was renamed the Police
Service of Northern Ireland under Section 1 of the Police (Northern
Ireland) Act 2000. Complaints against senior officers were dealt
with by the Police Authority for Northern Ireland Back
4
The ICPC was set up in 1988, replacing the Police Complaints Board.
The Board's role had been to consider the results of a police
investigation into a police complaint and to consider whether
an officer should be charged with disciplinary offences. The ICPC
acquired additional powers, including the power to investigate
any complaint against a police officer Back
5
A Police Ombudsman for Northern Ireland? A review of the police
complaints system in Northern Ireland, Dr Maurice Hayes, January
1997, p 17 Back
6
Ibid, p 1 Back
7
Report of the Independent Commission on Policing for Northern
Ireland, A New Beginning: Policing in Northern Ireland, 1999,
para 6.42 Back
8
PONI 27 Back
9
Part VII of the 1998 Act establishes the Office of the Police
Ombudsman and sets out its powers, functions and responsibilities
. The appointment of Police Ombudsman is for a period of seven
years Back
10
PONI 6 para 1 Back
11
Police Ombudsman for Northern Ireland Annual Report April 2003-March
2004, p 52 Back
12
Section 51 (4) Back
13
Section 52 Back
14
Section 52(4) Back
15
Section 53(1) and (3) Back
16
Section 50(1). 'Senior officers' are Assistant Chief Constables,
Deputy Chief Constables, and Chief Constables Back
17
Section 53(2) Back
18
Section 53(6). The Northern Ireland Policing Board or the Secretary
of State also have power to refer to the Ombudsman any matter
which indicates that a police officer may have committed a criminal
offence or behaved in such a way that justifies disciplinary proceedings.
The matter referred must not be the subject of an existing complaint.
The Chief Constable has an identical power: see Section 55(1) Back
19
Section 54 (1) and (2) Back
20
Section 56(1). A person employed by the Ombudsman for the purpose
of conducting or assisting in an investigation has the power and
privileges of a constable throughout Northern Ireland and the
United Kingdom: see Section 56(3) Back
21
Section 56(6) Back
22
Sections 57(1); 57(4). If the Ombudsman decides to supervise the
investigation, she must notify the Chief Constable to that effect:
see Section 57(5) Back
23
Section 57 (7) Back
24
Section 58(1) Back
25
Section 58(2) Back
26
Between April 2003- March 2004 the DPP directed that 10 officers
be prosecuted for 10 offences: Police Ombudsman for Northern
Ireland Annual Report April 2003 - March 2004, p 11 Back
27
Sections 59(1) and 59(2) Back
28
Section 59(4) Back
29
Section 59(5) Back
30
Section 61(1) Back
31
Section 61(2) Back
32
Sections 61(3) and (4) Back
33
Section 58A of the 1998 Act (as amended by Section 62 of the Police
(Northern Ireland) Act 2000) Back
34
Section 58A (2) (as amended by Section 62 2000 Act) Back
35
Section 58A (3) (as amended by Section 62 2000 Act) Back
36
Section 58A (6) of the 1998 Act (as amended by Section 62 2000
Act) Back
37
Section 61AA of the 1998 Act (as amended by Section 64 2000 Act) Back
38
Section 66 of the 2000 Act Back
39
Section 60 A(1) (as amended by Section 13 of the Police (Northern
Ireland) Act 2003. The Ombudsman is not, however, authorised to
conduct such an investigation if the practice or policy is concerned
with conduct that falls within the jurisdiction of the Investigatory
Powers Tribunal, set up under the Regulation of Investigatory
Powers Act 2000. The Committee commented upon this aspect of the
Ombudsman's function in its Third Report of Session 2002-03, The
Police (Northern Ireland) Bill, HC233, paras 20-23. The Committee
endorsed the Government's decision to amend the Bill to substitute
a test of public interest for public concern as the grounds for
the Ombudsman investigating police practice or policy. Back
