Full Description
Police Misconduct, Complaints and Public Regulation provides comprehensive coverage of the law and procedure relating to the regulation of the police - setting out comprehensive guidance on practice in relation to complaints, misconduct and performance procedures, as well as detailed analysis of the powers of the IPCC and of its statutory guidance. Dedicated chapters address events from recording the complaint through to Police Appeals Tribunals; specific criminal offences (misconduct in public office; manslaughter; driving); inquests (including modern developments on narrative verdicts); and associated guidance on abuse of process and judicial review. The content reflects the substantial developments in the law and practice in these inter-related proceedings since the implementation of the Police Reform Act 2002 in April 2004, as well as the radical reforms introduced by the radical change of regime introduced by performance and misconduct regulations in 2008. .
The authors - recognized as market leaders in these fields of work - bring together, in a detailed and practical narrative, the relevant statutory powers, secondary legislation, statutory guidance and increasing body of Administrative Court jurisprudence. They include user-friendly diagrams and process maps to illustrate and explain the narrative and legislation. Appendices include - in full - all relevant performance and misconduct regulations between 1999 - 2008, the 2008 Home Office Guidance, and both the 1999 and 2008 Police Appeals Tribunals Rules.
Written by two barristers with extensive experience representing and advising police forces and accused officers in all forms of proceedings, this book is an essential text for all supervising officers and managers that must seek to apply the procedures correctly, as well as solicitors and barristers instructed in these matters and other tribunals. It also represents the single most authoritative modern treatment of Coronial law as applied to police related deaths, and to contemporary developments in criminal offences including misconduct in public office and police-related homicide.
Contents
1. The Organization of Policing in England and Wales, and the Regulation of Police Forces ; Overview ; The Organization of the Police ; The Role of the Secretary of State ; Police Authorities ; The National Policing Improvement Agency (NPIA) ; Conclusion ; 2. The Suspension and Removal of Chief Officers by Police Authorities and the Secretary of State ; Overview ; Statutory Framework ; Home Office Protocol (March 2004) ; Analysis of the Combined Procedure ; Conclusion ; 3. Complaints and Misconduct I: The Independent Police Complaints Commission (IPCC) ; Overview ; Complaints and Misconduct: The Police Reform Act 2002 - The Overall Statutory Structure ; The Legal Character of the IPCC ; The Commission: The Chairman, the Members, and the Staff ; The General Functions and Duties of the Commission ; The IPCC Complaints and Discipline Process ; Conclusion ; 4. Complaints and Misconduct II: Overview of the 2004 and 2008 Conduct and Performance Regulations, and Associated Appeals ; Overview ; Process Charts ; 5. The Police (Performance) Regulations 2008 ; Overview ; Preliminaries ; The First Stage ; The Second Stage ; The Third Stage ; Police Appeals Tribunal ; Conclusion ; 6. Standards of Professional Behaviour and the Initial Handling of a Report ; Overview ; The New Standards of Professional Behaviour ; Initial Handling: The Police Reform Act 2002, Sch 3, or the Police (Conduct) Regulations 2008 ; The Police Reform Act 2002, Pt 2: Complaints, Conduct Matters, and DSI Matters ; Police Refirm Act 2002, Sch 3, Pt 1: The Handling of Complaints ; Police Reform Act 2002, Sch 3, Pt 2: The Handling of Conduct Matters ; Police Reform Act 2002, Sch 3, Pt 2A: The Handling of DSI Matters ; Police Reform Act 2002, Sch 3: Miscellaneous Aspects ; Conclusion ; 7. Investigations under Schedule 3 of the 2002 Act and the 2008 Conduct Regulations ; Overview of the Investigatory Regimes and the Police (Conduct) Regulations 2008 ; Determination of the Investigatory Regime ; Assessment of Conduct ; The Appointment of the Investigator ; The Purpose of the Investigation ; Written Notices of Investigation ; Representations to the Investigator ; Interviews ; The Report of the Investigation ; Conclusion ; 8. Misconduct Proceedings Under the Police (Conduct) Regulations 2008 ; Referral of Case ; Procedure on Receipt of Notice ; Witnesses ; Rights of Attendance and Participation in Misconduct Proceedings ; Procedure at Misconduct Proceedings ; Outcomes ; Appeals from Misconduct Proceedings ; 9. The Police (Conduct) Regulations 2004 ; Overview ; The Structure, Purpose, and Application of the Regulations and the Home Office Guidance ; General Points and Procedural Challenges ; Non-senior Officers ; Senior Officers Under the 2004 Conduct Regulations ; Conclusion ; 10. Special ('Fast-track') Cases Under the Police (Conduct) Regulations 2004 and 2008 ; Overview ; The Role of the Independent Police Complaints Commission (IPCC) and Crown Prosecution Service (CPS) ; Special Cases Under the 2004 Conduct Regulations ; Special Cases Under the 2008 Conduct Regulations ; Conclusion ; 11. Chief Officer Reviews, Internal Appeals, and the Police Appeals Tribunal ; Overview ; Chief Officer's Review Under the 2004 Conduct Regulations ; Senior Officer Appeals ; The Police Appeals Tribunal ; Conclusion ; 12. Abuse of Process ; Overview ; The Police as a Regulated Profession ; Jurisdiction ; Regulatory Departure ; Delay ; 'Fair Hearing Impossible' ; Article 6 of the European Convention on Human Rights (ECHR) ; Conclusion ; 13. Probationers ; Overview ; Regulation 13 of the Police Regulations 2003 ; Conclusion ; 14. Inquests ; Overview ; The Nature and Purpose of an Inquest ; The Duty to Hold, and the Timing of, and Inquest ; The Scope of the Inquest: Jamieson, Middleton, and Art 2 ; Fundamental Points of Procedure ; Verdicts ; Conclusion ; 15. Police-related Criminal Offences ; Overview ; Misconduct in Public Office ; Unlawful Killing ; Driving-related Offences ; Conclusions ; APPENDICES ; Appendix A: A Table of Force Statistics ; Appendix B: The Police Appeals Tribunals Rules 1999, SI 1999/818 ; Appendix C: The Police (Conduct) Regulations 2004, SI 2004/645 ; Appendix D: The Police (Complaints and Misconduct) Regulations 2004, SI 2004/643, as amended ; Appendix E: The Police Reform Act 2002, Schedule 3, Part 1 ; Appendix F: The Police (Performance) Regulations 2008, SI 2008/2862 ; Appendix G: The Police (Conduct) Regulations 2008, SI 2008/2864 ; Appendix H: The Police Appeals Tribunals Rules 2008, SI 2008/2863 ; Appendix I: Home Office Guidance (2008) Police Officer Misconduct, Unsatisfactory Performance and Attendance Management Procedures ; Appendix J: The Police (Amendment) Regulations 2008, SI 2008/2865
