Police complaints system under fire in Britain

Press, 2 May 1985, Page 17

Police complaints system under fire in Britain

NZPA staff correspondent London

Britain’s new Police Complaints Authority already faces strong criticism because it does not offer a system of independent investigation for complaints against the police.

New Zealand’s Minister of Police, Mrs Hercus, visiting London, described Britain’s new authority as replacing the old “toothless” police complaints system. She said what was about to be introduced would be “an independent authority which has the power to intervene and monitor serious complaints.” Referring to the British legislation as “much the same as New Zealand’s discussion paper,” Mrs Hercus said, “New Zealand is ending up very much where Britain decided to go.” In spite of the British Government’s belief, however, that the authority is intended to be independent and have a high public profile to provide a “fair and workable” system, neither the British Police Federation nor the National Council of Civil Liberties agrees. The N.C.C.L legal officer, Ms Barbara Cohen, said, “All investigations of complaints remain in the hands of the police and it is they who decide if disciplinary action should be taken. "The new authority can direct or make recommendations as a supervisory organisation after an investigation has been made by the police but the system remains under police authority which is the same rule as for the old authority.”

The Police Complaints Board of 1976, as the first attempt in the last decade to restore public confidence in the system of complaints against the police, had the

power of its successor — to review investigations and take issue with the police if it considers the result unsatisfactory. The new authority has additional powers to use its discretion in any case where it thinks the public interest is involved, and supervise police conduct in all complaints involving death or serious injury. But Ms Cohen said that the N.C.C.L. was “very disappointed” that investigations into all complaints would continue to be made by an appointed police officer.

"Our feeling is that the Government did not go nearly as far as it should have to allow for an independent system of investigation.”

The latest system for police complaints was prepared to coincide with new powers for police under the Police and Criminal Evidence Act, due to come into force at the beginning of next year. These include extended powers of stop and search, and an increase in the maximum time for detention without charge. They allow for police road checks and extend powers of search for evidence. The Police Act also requires all police forces to set up a system for informal resolution of lesser complaints by bringing together the people concerned to explain themselves, hence help conciliation in the 3000 annual complaints about police incivility. But the Police Federation has said it is “ambivalent” about the complaints authority because it does not silence critics calling for an independent corps of investigators. The “Guardian” newspaper reported that the federation itself prefers an in-

dependent system, saying, “Many high-ranking officers say privately that an independent system is bound to come.”

The federation, however, has welcomed a new provision allowing officers to be legally represented at hearings where they risk dismissal, demotion, or compulsory resignation.

New Zealand’s proposals are for an independent examiner with a legal background to oversee investigations into complaints against the police. The investigations would normally be carried out by the police, but in special cases the examiner could assume responsibility for the inquiry.

The examiner would only investigate serious complaints, such as deaths or criminal activities by police members.

The British authority has 10 full-time members, including lawyers, a black community relations specialist, administrators, and personnel managers.

After criticism that the authority would be ignorant of police procedure, it appointed a former Deputy Chief Constable as its chairman, who will be assisted by a superintendent.

It is expected to supervise about 200 complaints a year which involve death or serious injury as well as lesser complaints.

The chairman of the Greater London Council’s police committee, Mr Paul Boateng, described the latest system for police complaints as “grossly inadequate in power and resources,” saying, “Nothing short of a totally independent system is going to meet the current crisis in public confidence.”