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Police Misconduct and the Public

NCJ Number
108807
Journal
Policing Volume: 3 Issue: 4 Dated: (Winter 1987) Pages: 309-312
Author(s)
R Clayton; H Tomlinson
Date Published
1987
Length
4 pages
Annotation
The problem of dealing with police misconduct in England has traditionally been handled by the police complaints system. In recent years, there has been increasing dissatisfaction with this mechanism, and a number of attempted reforms have failed to convince the public that the current system provides an adequate remedy.
Abstract
In 1976, a police complaints board was established to handle most complaints and consider disciplinary charges. In 1984, the board was replaced by a police complaints authority with expanded powers of supervision over complaints. This new system still has failed to command public confidence, and the number of civil actions against police and compensatory damages paid in settlements outside the complaints system have increased both in number and in amount awarded. In civil actions, evidence of misconduct is assessed by independent judges or juries rather than by police disciplinary boards or a disciplinary tribunal consisting of a chief officer and members of the complaints authority. In addition, civil actions are proven on the balance of probabilities rather than on the stricter 'beyond reasonable doubt' standard used by disciplinary proceedings. It is argued that civil actions are an inappropriate remedy for police misconduct: they are time-consuming, adversarial, and provide no mechanism for disciplining the officer guilty of misconduct. An independent police-complaints tribunal would provide a better remedy.