Police Misconduct, Complaints, and Public Regulation

by Beggs, John; Davies, Hugh

• ISBN13: 9780199546183
• ISBN10: 0199546185
• Format: Hardcover
• Copyright: 2009-09-14
• Publisher: Oxford University Press

Summary

Police Misconduct, Complaints and Public Regulation covers the highly sensitive topic of who polices the police. It provides comprehensive coverage of the law and procedure relating to the regulation of the police - setting out comprehensive guidance on practice at complaints and misconducthearings, 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 criminaloffences (misconduct in public office, manslaughter); inquest proceedings; public inquiries; 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 wellas the radical reforms introduced by the Police (Conduct) Regulations 2008.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. They include user-friendly diagrams and process maps to illustrate and explain the narrative and legislation.Appendices include regulations and associated Home Office Guidance under the 2004 and 2008 performance and misconduct regimes, and the new 2008 PAT Rules.Written by two barristers with extensive experience representing and advising police forces and officers, this book is an essential text for solicitors and barristers involved in police misconduct issues.

Author Biography

John Beggs is a barrister at 3 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 and inquiries involving the police over the last decade. He has lectured widely to police forces. Hugh Davies is a barrister at 3 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; 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

The organisation of policing in England and Wales and the regulation of police forces

Suspension and removal of chief officers by police authorities and the Secretary of State

Complaints and misconduct (1): The Independent Police Complaints Commission

Complaints and discipline (2): Summary of the route map from incident to resolution

Efficiency Regulations 1999 and Performance Regulations 2008

Complaints and discipline (3): Recording, initial management, and classification

Complaints and discipline (4): The investigation and the rights of the complainant

Complaints and misconduct (5): Misconduct charges and the procedure until the misconduct hearing

Complaints and misconduct (6): Misconduct hearings under the Police (Conduct) Regulations 2004

Complaints and misconduct (7): Misconduct procedures under the Police (Conduct) Regulations 2008

Complaints and misconduct (8): Special 'fast track' cases under the 2004 and 2008 misconduct regulations

Complaints and misconduct (9): Internal appeals and the Police Appeals Tribunal

Abuse of process and judicial review

Discipline of probationers, PCSOs and other staff

Inquests involving the police

Police related criminal offences

Public Inquiries

Appendices

Table of force names and numbers March 2007

Police (Conduct) Regulations 2004

Home Office Guidance to the 2004 Regulations

Police (Complaints and Misconduct) Regulations 2004

Police (Conduct) Regulations 2008

Home Office Guidance to the 2008 Regulations

Police (Complaints and Misconduct) Regulations 2008

Police (Performance) Regulations 2008

Police Appeals Tribunals Rules 1999

Police Appeals Tribunals Rules 2008

Statutory extracts

Table of Contents provided by Publisher. All Rights Reserved.