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Official Misconduct (From Report of a Commission of Inquiry Pursuant to Orders in Council, P 283-303, 1989, Queensland Commission of Inquiry Into Possible Illegal Activities and Associated Police Misconduct -- See NCJ-128506)

NCJ Number
128512
Date Published
1989
Length
21 pages
Annotation
This chapter assesses current structures and procedures for investigating police misconduct in Queensland, Australia, and proposes guidelines for developing an effective structure for investigating police corruption.
Abstract
Overall, the approach to police misconduct in Queensland has been inefficient and ineffective. The present system for detecting police misconduct does not encourage officers to report suspicions of misconduct by fellow officers. The Internal Investigations Section has been ineffective, hampered by insufficient staff and resources as well as crude investigative techniques. The Police Complaints Tribunal, established in 1982 as a political response to allegations of serious police misconduct, is viewed as impotent by both corrupt police officers and the public. The unnecessarily complex hearing mechanism used to date, in reliance on the Police Rules, should be abolished, as should the privilege against self-incrimination. The hearing process should be inquisitorial with the suspected officer required to answer questions and provide information. A police officers' privilege against self-incrimination can be retained in respect of any subsequent criminal proceedings. The current practice of focusing on police officers who report misconduct as if they were complainants in a criminal court should be abolished. Every effort should be made to encourage police officers to report suspected misconduct by fellow officers. An independent, but not autonomous, body should investigate official misconduct.

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