Policing UK 2013 - Police Federation
Policing UK 2013 - Police Federation
Policing UK 2013 - Police Federation
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THE POLICE REFORM PROGRAMME<br />
Independent<br />
thinking<br />
Dame Anne Owers outlines the<br />
role of the Independent <strong>Police</strong><br />
Complaints Commission<br />
Dame Anne Owers is Chair<br />
of the Independent <strong>Police</strong><br />
Complaints Commission<br />
The Independent <strong>Police</strong><br />
Complaints Commission (IPCC)<br />
was created by the <strong>Police</strong> Reform<br />
Act 2002, following recommendations<br />
made by the Macpherson inquiry into<br />
the death of Stephen Lawrence.<br />
It was the third body set up to provide<br />
some kind of oversight of complaints<br />
against the police, and the most powerful<br />
and far-reaching: with powers of arrest<br />
and investigation, a responsibility for<br />
handling appeals from dissatisfied<br />
complainants, and a duty to promote<br />
confidence in the complaints system<br />
as a whole.<br />
Independent oversight of criminal<br />
justice agencies with coercive powers is a<br />
key part of the democratic accountability<br />
of those services, and public confidence<br />
in the way those powers are used. It is<br />
mandated in international, as well as<br />
domestic, law.<br />
This is particularly the case for<br />
places of detention, which must have<br />
independent monitoring bodies. Article<br />
2 of the European Convention on<br />
Human Rights also requires independent<br />
investigation in cases where agents of the<br />
state may have caused or contributed to<br />
death either directly or by breaching their<br />
duty of care.<br />
It is important that the IPCC is,<br />
and is perceived to be, independent<br />
both of the police service and of the<br />
Home Office. Its work, and all of its<br />
independent investigations, are overseen<br />
by Commissioners, none of whom can<br />
ever have worked for the police. It does<br />
employ some ex-police officers, mainly<br />
as investigators. This has been criticised,<br />
but they bring essential investigative and<br />
forensic skills, and they are balanced by<br />
a significant majority of investigators<br />
who come from other disciplines and<br />
experiences.<br />
Fairness and justice<br />
Independence is about the value and<br />
culture of an organisation, not just the<br />
background of its staff, and this has to<br />
focus on ensuring that complaints are<br />
dealt with fairly and justly, taken seriously<br />
and investigated robustly, asking the<br />
questions that the complainant, or their<br />
family and community, would want<br />
answered.<br />
It was never envisaged that the IPCC<br />
should deal with all complaints itself, as<br />
the <strong>Police</strong> Ombudsman for Northern<br />
Ireland does. But cases of death or<br />
serious injury following contact with the<br />
police, and serious assault, sexual abuse<br />
or corruption must be referred to the<br />
IPCC so that it can determine whether<br />
or not to independently investigate, carry<br />
out a managed investigation, supervise a<br />
police investigation, or allow the case to<br />
be locally investigated.<br />
54 | POLICING <strong>UK</strong>