Letter from the Chair, IPCC, to Lynne
Jones MP
RE: PARLIAMENTARY QUESTIONS TO THE SECRETARY
OF STATE FOR THE HOME DEPARTMENT REGARDING THE IPCC
I have been asked by the Home Office to respond
to your Parliamentary Questions dated 27 January 2010.
1. How many and what proportion of appeals
to the IPCC against police investigation of complaints were upheld
in each of the last three years; and how many such appeals resulted
in a re-investigation (a) undertaken by the police; (b) supervised
by the police; (c) managed by the IPCC and (d) undertaken independently
by the IPCC?
The following table shows the number and overall
proportion of investigation appeals made to and upheld by the
IPCC against police investigation of complaints in each of the
last three years:
|
| Year | No. investigation
appeals made
| No. valid investigation
appeals upheld*
|
|
| 2006-07 | 1,995 | 307(17%)
|
| 2007-08 | 2,558 | 439(19%)
|
| 2008-09 | 3,038 | 528 (22%)
|
|
| * The proportion of appeals upheld only relates to valid investigation appeals completed by the IPCC.
|
| |
|
In 2008-09, 258 upheld investigation appeals resulted
in further/re-investigation. Of these 256 were investigated
locally and two were supervised investigations. Data is not held
for the years 2006-07 or 2007-08.
2. On how many occasions the IPCC has used its statutory
powers under the Police Reform Act 2002 to require a complaint
case to be referred to it which did not fall to be referred to
it on a mandatory basis by the police force or police authority
concerned in each of the last three years?
We do not hold this statistical information centrally. However,
forces are compliant with IPCC requirements. It would now be very
unusual for a force not to voluntarily refer a case to us once
we had expressed a wish for them to do so. Our formal "call
in" powers are therefore only very rarely used.
3. On how many occasions the IPCC has presented a case
against an officer at a police conduct hearing in each of the
last three years?
We do not hold this statistical information centrally. Prior
to 1 December 2008, the IPCC could under Regulation 25 to
the Police (Conduct) Regulations 2004 present cases, either
itself or through independent counsel or solicitor provided that
it had directed that a case should proceed to disciplinary proceedings.
The position post 1 December 2008 is that the power
to present disciplinary proceedings following a direction was
revoked. The power was replaced so that by virtue of Regulation
30 to the Police (Conduct) Regulations 2008 the IPCC
may attend misconduct proceedings to make representations.
4. On how many occasions the IPCC has directed that a police
conduct hearing be held in public in each of the last three years?
The majority of cases which the IPCC independently investigate
result in a public hearing in the form of a criminal trial or
inquest.
In addition, as you will be aware, the IPCC has the power
to to direct a public misconduct hearing under Regulation 30 of
the Police (Conduct) Regulations 2004 (for cases coming to
attention of the Appropriate Authority before 1 December
2008) or Regulation 32 of the Police (Conduct) Regulations
2008 (for those after 1 December 2008). The IPCC may
direct that a misconduct hearing is heard in public in full or
in part where:
— There has been an independent investigation, and
— The Commission considers it to be in the public interest
because of either the gravity of the case or other exceptional
circumstances.
IPCC Commissioners assess whether hearings should be held
in public according to a specific set of criteria. These criteria
are widely available on the IPCC website at www.ipcc.qov.uk.
The IPCC has only ever once directed that a police conduct
hearing be held in public. This was in the case of Colette Lynch
in 2007. In case you are not aware of the particulars of the case,
Ms Lynch was stabbed on 3 February 2005 by her estranged
partner Percy Wright. The IPCC undertook an independent investigation
into the circumstances leading up to her death and as a result
of this investigation, we directed Warwickshire Police to hold
a hearing in public in relation to two of their officers.
17 February 2010
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