Complain about police
You all know that the Police enforce the law of this land but who makes sure they're not a law unto themselves? We tell you how to make an official complaint about the Police.
Who Polices the Police?
Police officers in England and Wales, right up to the rank of Chief Constable, are regulated by the 1984 Police and Criminal Evidence Act (Pace).
The Police Complaints Authority (PCA) is an independent body set up by the Government to oversee public complaints against police officers. Each force also has an internal complaints and discipline team.
What can I complain about?
Complaints vary from rudeness to excessive force, unlawful arrest and suspicious deaths in police custody. Basically any breach of a statutory Code of Practice including rules about questioning suspects, tape recording of interviews, searches and so on. Copies of this code of practice should be available from your local library.
Minor complaints: The officer involved will offer an explanation or an apology. Serious complaints: These must, by law, be investigated. This will usually be carried out by the force involved under the supervision of a PCA member.
What will happen if you're successful?
Any of the following actions can result from misconduct procedures:
- A warning;
- A formal caution;
- Loss of pay;
- Loss of rank;
- Requirement to resign;
- Dismissal.
Disciplinary action can be taken against a police officer if it can be proved that they have breached the code of conduct:
Who can I complain to?
England and Wales
You can make a complaint against the police either by contacting the police force directly or through an intermediary such as a solicitor, the CAB, or your local MP. It is probably wise to go through the CAB as they can help you structure your letter and go through the right channels.
Unless there are exceptional circumstances, you should make your complaint within 12 months of the incident. When the complaint contains an allegation of a criminal nature, for example, of assault, then it must be sent to the Crown Prosecution Service (CPS) for their advice.
Scotland
Contact the chief constable of the police force concerned. You can also report a police officer to the Procurator Fiscal Service (the equivalent of the CPS) if you think he or she has broken the law.
Northern Ireland
Contact the Police Ombudsman.
Anything else you can do?
A decision of the PCA can be subject to judicial review by the high court. Making a complaint does not affect your right to take the police to court and sue for damages. If you are considering legal action you should get advice.
