Police Accountability and the Quality of Oversight The Independent Police Complaints Commission and Police Oversight in

1. Police Accountability and the Quality of Oversight The Independent Police Complaints Commission and Police Oversight in England and Wales Nick Hardwick IPCC Chair

3. “to increase public confidence by demonstrating the independence, accountability and integrity of the complaints system and so contribute to the effectiveness of the police service as a whole” Aim

4. Justice and respect for human rights Independence Integrity Valuing Diversity Openness Core Values

5. Why create an independent body to conduct civilian oversight of the police? • How does the IPCC fit into other police oversight mechanisms in England and Wales? • 18 months of operation: • What are the successes? • What are the challenges? • Where next?

6. Lord Scarman inquiry into 1981 Brixton riots – “widespread and dangerous lack of public confidence in the existing system” 1999 The Stephen Lawrence Inquiry: “what steps can and should be taken to ensure that serious complaints against police officers are independently investigated” European Convention on Human Rights: Article 2: Everyone's right to life shall be protected by law External pressures for an independent body

7. Public confidence in the police • Public confidence in police is higher than other criminal justice agencies • BUT falls after contact with the police(BCS 2002/3) • More people disagree than agree with the statement “they treat all people equally, irrespective of race, religion or colour” of the police(Audit Commission 2003)

8. Full-time membership overseeing investigations by police but no powers to investigate Presumption of non-disclosure Police decide what is recorded and supervised – no right of appeal, no call-in The Police Complaints Authority (PCA)1985-2004

9. Lack of credibility – the police were investigating themselves Disproportionate cost and delays Lack of transparency What were the key problemswith the old system?

10. 2003/4 – 23,849 individual items of police complaints Almost 1/5 of all complaints about police incivility Other significant areas of complaint – non-serious assaults; general neglect or failure in duty 2003/4 – 100 deaths of members of the public during or following police contact What’s the job to be done?

11. Covers all ranks of police officer, police staff and contracted police staff in England and Wales Greater access to the complaints system New rights of appeal for complainants New obligations to provide information during and after an investigation, subject to a harm test System for police conduct ONLY, does not cover force policy - ‘direction and control’ The Police Reform Act 2002 - the new complaints system

12. The Independent Police Complaints Commission came into operation April 2004 Independent investigators to tackle serious police misconduct IPCC also has a ‘guardianship’ function to ensure effectiveness of the entire police complaints system The Police Reform Act 2002 - the new complaints body

13. Mandatory Referrals: death or serious injury serious assault serious sexual assault serious corruption criminal behaviour aggravated by discriminatory behaviour serious arrestable offences IPCC can also call in or forces can voluntarily refer matters of public concern The Police Reform Act 2002 - the new complaints body

14. The IPCC and policing oversight in England and Wales Tripartite governance of individual police forces – Chief Constable, Home Secretary, Police Authorities

15. The IPCC and policing oversight in England and Wales Chief Constables IPCC HMIC Community Policing Consultative Groups Police Service Police Authorities Independent Advisory Groups Audit Commission Police Standards Unit Home Office

16. 17 Commissioners – who, by law, have never served with the police – guarantors of independence Building to 150 investigators by close of 2005/6; total staff to rise to nearly 350 Budget 2005/6 - £28.5 million Based in 4 regions – North, Central, London/SE, Wales/SW Advisory Board of key police and non-police stakeholders The IPCC - structure

17. Independent – IPCC carries out the investigation using its own investigators Managed – IPCC has direction and control of police investigators Supervised – IPCC Commissioner agree police Investigating Officer, terms of reference Local – Police investigation The majority of complaints will continue to be ‘locally resolved’ The IPCC - Investigations

18. The IPCC – Investigations 2004/5

19. The IPCC – Appeals 2004/5

20. Setting, monitoring, inspecting and reviewing standards for the operation of the police complaints system Promoting confidence in the complaints system as a whole, among the public and the police Ensuring the accessibility of the complaints system Promoting policing excellence by drawing out and feeding back learning The IPCC - Guardianship

21. Wide range of independent and managed investigations – deaths following police contact, public order incidents, stop and search, homophobic discrimination Proportionate investigations - police firearms investigation completed in under 4 months, believed to be half the time of the preceding system Professional investigations – developing concentrated expertise and experience in investigating serious incidents, eg police firearms discharges 18 months on – the successes

22. Quick-time scene assessments – over 100 early attendances at scenes by IPCC investigators in year 1 Ability to change investigation type as investigation develops and changes Established IPCC in regions – Commissioners and staff teams link to police officers, force complaints handling departments, community organisations, the public 18 months on – the successes

23. How do you maintain public confidence? dialogue with communities on a national and regional level taking action when concerns are raised outcomes transparency BUT – concerns that people with less confidence are less likely to make a complaint 18 months on – the challenges

24. How do you maintain police confidence? develop standards with police stakeholders working with all levels of policing – ACPO, PSDs, Police Federation, UNISON outcomes transparency BUT – also need to grow police confidence in the complaints system as a positive way for forces to hear and respond to community concerns 18 months on – the challenges

25. How do we have a positive impact on policing as a whole? quick-time learning fed-back into operational policing – eg baton-guns research based on themes arising from cases – eg mental health, RTIs outcomes transparency BUT – how do we balance the IPCC’s guardianship role with the Chief Constable right to determine force policy? 18 months on – the challenges

26. How do we balance the rights of the public and the police? eg Openness: public want as much information as possible, but also individual privacy IPCC needs to ensure disclosure does not compromise prosecution or discipline rights of police subject of complaint 18 months on – the challenges

27. Grow investigative capacity and maintain commitment to reducing burden on police resources Take on new business – Serious and Organised Crime Agency (SOCA) and HM Revenue and Customs Lessons about mental health and policing, deaths in custody – how do we inspire changes in policing? How do we ensure confidence in disciplinary outcomes when we are not able to decide what happens? 18 months on – where next?

28. www.ipcc.gov.uk