Police Complaint Procedure
Police Complaint Procedure
Independent Office for Police Conduct (IOPC)
Post the completed complaint
or appeal form to
Independent Office for
Police Conduct,
PO Box 473,
Sale,
M33 OBW.
Tele: 0300 020 0096
Complaint order
Police Reform Act 2002
s12(2)
"any matter which is not and has not been the subject of a complaint but in the case of which there is an indication (whether from the circumstances or otherwise) that a person serving with the police may have,
a) committed a criminal offence
b) behave in a manner which
would justify the bringing of
disciplinary proceedings".
Policing and Crime Act 2017
s14(2)(1)
"reference to a complaint are references (subject to the following provisions of this section) to any expression of dissatisfaction with a police force which is expressed
(whether in writing or otherwise)
by or on behalf of a member of the public".
Thames Valley Police Federation
"where an officer is suspected of
having committed a criminal or
conduct offence,this may result in a formal investigation.
In such a case the officer may be subject to both a criminal investigation and an internal conduct investigation.
Where there is a criminal investigation an officer has the same rights as any individual who is investigated for an alleged criminal offence,under the provision of the
Police and Criminal Evidence
Act 1984"
Jan Berry
Chair Police Federation.
MISCONDUCT HEARING
This takes place when a
Police Officer or Special
Constable has breached the Standards of Professional Behaviour
At the hearing,the facts of the
case will be presented,and the
officer involved,will have an
opportunity to explain their
conduct and the circumstances
surrounding the allegation.
Witnesses may also be called
to give evidence.
It demonstrates that the
DISCIPLINARY SYSTEM is
open and transparent,
It further demonstrates,that
the Metropolitan Police Service
as well as other police forces,
who are themselves are
under the Code of Ethics
hold Police Officers and
Police Staff,
who breach the Standard of
Professional Behaviour,or those
where misconduct is found
proven,accountable for their
actions
The average person on the
street will not know,when and
if a police officer or police staff
have crossed their extremely
thin 'blue line' into the world
of Criminal Activities.
The police officer and the
police force,that he represents
are under the viewing publics
watchful eye,but some officers
ignore this fact,
blissfully unaware he a
'police officer' is under
their microscope
Then their is the foreign visitor
or immigrant or newly arrived
person now residing in the UK
are they expected to know that
a Police Officer,is actually accountable to them,
that the Police Officer,is a
Public Servant and is there
to serve their community, or
the Police Officer's equipment
ie uniform,warrant badge,
police vehicle,police notebook
are issued to the office he
holds,
to be used in accordance with
HM Legislation,EU Regulations
and Police Regulations.
likewise,an average person
on a daily basis will hear
emergency service audible
warning equipment and/or
see the emergency vehicle
being driven at speed along
the carriage way,that at times
are busy with other road users
which then makes for the particular driver of the emergency vehicle,
to operate against,what another motorist would be doing as
normal use his vehicle and road,
at that particular time.
drivers of the emergency services
are trained to carry out particular
procedures with their vehicles,
some are in training to learn to
carry out that particular procedure
that particular emergency vehicle
would be operating under an
EXEMPTION.
which is obtained at the time,in
transit ie when the call is passed
to ie the police officer,to initiate
a pursuit.
the exemption allows that officer
and/or emergency vehicle,to
maneuver.onto the on coming
carriage way or travel at high
speed and/or even under the vehicles 'blue lights'
if then the emergency vehicle
driver has passed
ADVANCED DRIVER TRAINING
set by his particular service
he/she would have authority
to be able to drive a particular
vehicle at speed or join a
pursuit.
(see police force driving
authorities and exemption
below)
Metropolitan Police
Misconduct Hearing Outcome.
The two mentioned cases,took place
in public,in May 2019.
Notice of Outcome of
Misconduct Hearing May 2019.
Police Constable X,answered
allegations that his conduct
amounted to breach of
Standard of Professional Behaviour in respect of;
Discreditable Conduct.
It was alleged, that on the
31st March 2017,whilst
off duty and at a social event,
PC X, was in charge of a motor vehicle
having consumed an excessive
amount of alcohol.
It is also alleged,that on the
same date,PC X punched
a male who was known to him
at the same social event.
It is alleged,that in doing so
PC X,breached the
Standard of Professional
Behaviour in respect of Discreditable Conduct.
The Panel Chaired by
Mr Leslie Cuthbert,
found the allegation in respect
of Discreditable Conduct found
Proven.
The Panel gave a Sanction of
Dismissal without notice.
Notice of Outcome of Gross
Misconduct Hearing May 2019.
PC D,currently based at
East London Area BCU.
It is alleged,that PC D has
breached the Standard of
Professional Behaviour,in relation
to Dates and responsibilities and
Honesty and integrity.
It is alleged,
1) On the --Feb 2017,PC D
failed to properly investigate or
record a report of a
Race Crime Incident
2) PC D.told the complainant
that he would speak to the
alleged perpetrator,but failed
to do so.
3) PC D,gave false information
to a fellow officer about his
actions following that complaint.
4} PC D,subsequently spoke
inappropriately to the other
attending officer,
with the dishonest intention of
colluding together to cover up
his own shortcomings.
The panel found,
Allegation 1,2 and 3,were found
proven against PC D.
Allegation 4 and 5,were found
not proven.
PC D,was found to have
breached the Standards of Professional Behaviour, relating
to duties and responsibilities in respect of allegations 1 and 2,
and that such breaches
constituted misconduct
The facts found proven in
relation to allegation 3,were
not found to have breached
the Standards of
Professional Behaviour,and did
not constitute misconduct.
PC D,was issued a written warning
POLICE FORCE DRIVING
AUTHORITIES and EXEMPTION
If a police officer is a holder of
the relevant driving authority
and is empowered by the
RTA 1998,to do so,
the police officer,can carry out
the following.
Authorised Driver ie a PCSO
Request a vehicle to stop
he cannot Respond.
he cannot initial phase
pursuit.
he cannot tactical phase
pursuit.
No Exemptions
as an authorised driver
he is prohibited from any
type of driving,which involves
the use of legal exemptions
ie
he MUST AT ALL TIMES,
Comply with the RTA 1988
and Regulations
he may on occasions need
to ask a member of the public
to stop their vehicle.
as an authorised driver,he
has permission to do this,and
may find it appropriate to use
auxiliary equipment ie
'flashing blue lights,audible
warning (siren/horn)
however,if the vehicle fails to
however,if the vehicle fails to
COMPLY,with his request to
stop
the Police Officer can take
No Further Action
One the vehicle fails to stop,
it is deemed to be a pursuit
and as an Authorised Driver,
the Police Officer or PCSO
have NO AUTHORITY to
Participate in Pursuits.
DRIVING STANDARDS.
A Police Officer,must always
drive the vehicle in a manner
which is lawful ie
abide by Road Traffic
Regulation,unless circumstances
dictate otherwise
Set Good Example to other road
users
The Driver must remember,that
he MUST be able to JUSTIFY
Any Use of Exemptions afforded
to him.
BLUE LIGHTS or AUDIBLE
WARNING INSTRUMENTS
can only be used when,
1) the Police Officer
has been AUTHORISED in
their use.
2) the Police Officer is
APPROPRIATELY TRAINED
in their use.
The police Officer,MUST NOT
take home,any police vehicle
under any circumstances.
PARKING a POLICE VEHICLE
The Police Officer,MUST NOT
Contravene any Parking
Restrictions,unless there is an
Operational Necessity.
Inconsiderate Parking for
Non-emergency situations,is
both illegal and damaging to
police reputation.
