Police Misconduct, Complaints, and Public Regulation

by Beggs QC, John; Davies OBE QC, Hugh

• ISBN13: 9780199672905
• ISBN10: 0199672903
• Edition: 2nd
• Format: Hardcover
• Copyright: 2024-08-15
• Publisher: Oxford University Press

Summary

Police Misconduct, Complaints, and Public Regulation covers the highly sensitive topic of who polices the police. The book provides comprehensive coverage of the law and procedure relating to the regulation of the police, offering practical guidance on complaint and misconduct hearings, as well as detailed analysis of the powers of the IPCC and of its statutory guidance. It includes dedicated chapters on related sets of proceedings, notably the complaints and discipline process (from recording the complaint through to the Police Appeals Tribunal), specific criminal offences (such as misconduct in public office and manslaughter), inquest proceedings, public inquiries, and judicial review. The new edition has been rigorously updated to reflect the substantial developments in the law since the introduction of the Police (Conduct) Regulations 2012 and the Police Reform and Social Responsibility Act 2011, including the powers and duties of the new Police and Crime Commissioners.

The authors bring together, in a detailed and practical narrative, the relevant statutory powers, secondary legislation, statutory guidance, and increasing body of High Court jurisprudence. Appendices include all the key rules and regulations and associated Home Office Guidance under the 2012 performance and misconduct regimes, as well as the 2012 Police Appeals Tribunal Rules.

Written by expert barristers with unrivalled experience representing and advising police forces and officers, this highly-regarded book is an invaluable resource for all practitioners involved in police misconduct.

Author Biography

John Beggs QC, Barrister, Serjeants' Inn Chambers,Hugh Davies OBE QC, Barrister, Three Raymond Builidings

John Beggs QC is a barrister at Serjeants' Inn Chambers, called in 1989. His practice is mainly related to the police service: he has represented most police forces in the UK and has appeared in many of the high profile trials, discipline hearings, inquests, inquiries, and judicial reviews involving the police over the last decade, prosecuting and defending in the major police misconduct cases. He has lectured widely to police forces.


Hugh Davies OBE QC is a barrister at Three Raymond Buildings, called in 1990. His practice spans criminal and police law including proceedings relating to the actions and accountability of police forces and police officers and advising and representing police officers at public inquiries, inquests, IPCC supervised investigations, and internal disciplinary proceedings. He has lectured widely to police forces.

Table of Contents

1. The Organisation of Policing in England and Wales and the Regulation of Police Forces
2. Senior Officers: Conduct and Performance
3. The Independent Police Complaints Commission
4. Police and Crime Commissioners: Conduct and Complaints
5. The Police (Performance) Regulations 2012
6. Standard of Professional Behaviour, Code of Ethics, and the Initial Handling of a Report
7. Investigations under Schedule 3 of the 2002 Act and the 2012 Conduct Regulations
8. Misconduct Proceedings under the Police (Conduct) Regulations 2012
9. Special ('Fast Track') Hearings under the Police (Conduct) Regulations 2012
10. Appeals
11. Abuse of Process
12. Probationers
13. Inquests
14. Police-related Criminal Offences
Appendices
Appendix 1: The Police Regulations 2003, as amended
Appendix 2: Part 2 (ss.9-29) and Part 3 (30-37) of the Police Reform Act 2002
Appendix 3: Schedule 3 to the Police Reform Act 2002
Appendix 4: The Police (Conduct) Regulations 2012
Appendix 5: The Police (Complaints and Misconduct) Regulations 2012
Appendix 6: The Police (Performance) Regulations 2012
Appendix 7: The Police Appeals Tribunals Rules 2012
Appendix 8: The Home Office Guidance (July 2014)
Appendix 9: Parts 4 and 5 of the Police Reform and Social Responsibility Act 2011
Appendix 10: Schedules 7 and 8 of the Police Reform and Social Responsibility Act 2011
Appenidx 11: Home Office Guidance on Police and Crime Panel Complaints Handling
Appendix 12: Chapter 1 (excluding s.12: Scotland) of the Coroners and Justice Act 2009
Appendix 13: Coroners (Inquests) Rules 2013 (SI 2013 No 1616)
Appendix 14: Coroners (Investigations) Regulations 2013 (SI 2013 No 1629)
Appendix 15: Table of Police Forces