Police Misconduct, Complaints, and Public Regulation

John Beggs QC is a barrister at 3 Serjeants' Inn, called in 1989. His practice is mainly related to the police service. He has represented most police forces in the UK, and has appeared in many of the high profile trials, discipline hearings and inquiries involving the police over the last decade. He has lectured widely to police forces.Hugh Davies is a barrister at 3 Raymond Buildings, called in 1990. His practice spans criminal and police law including proceedings relating to the actions and accountability of police forces and police officers; advising and representing police officers at public inquiries, inquests, IPCC supervised investigations, and internal disciplinary proceedings. He has lectured widely to police forces.

John Beggs QC and Hugh Davies have brought together the detail of all the relevant law into one comprehensive volume and provided a readily understandable commentary on all of its major aspects. This book deals succinctly with the criminal offences with which Police Officers may be changed in connection with their duties. The section on Coroners' Inquests provides an impressive précis of law and procedure as it affects deaths for which the police may be responsible. The disciplinary chapters explain the processes and then provide the texts of all the material statutory instruments. This work will be an invaluable guide to any practitioner concerned with any aspect of Police behaviour. To have all the material in one place will save hours of work. This work is something of a trail-blazer in the disciplinary field. It will not be long before similar works appear dealing with other professions.

• 1. The Organization of Policing in England and Wales, and the Regulation of Police Forces ; Overview ; The Organization of the Police ; The Role of the Secretary of State ; Police Authorities ; The National Policing Improvement Agency (NPIA) ; Conclusion ; 2. The Suspension and Removal of Chief Officers by Police Authorities and the Secretary of State ; Overview ; Statutory Framework ; Home Office Protocol (March 2004) ; Analysis of the Combined Procedure ; Conclusion ; 3. Complaints and Misconduct I: The Independent Police Complaints Commission (IPCC) ; Overview ; Complaints and Misconduct: The Police Reform Act 2002 - The Overall Statutory Structure ; The Legal Character of the IPCC ; The Commission: The Chairman, the Members, and the Staff ; The General Functions and Duties of the Commission ; The IPCC Complaints and Discipline Process ; Conclusion ; 4. Complaints and Misconduct II: Overview of the 2004 and 2008 Conduct and Performance Regulations, and Associated Appeals ; Overview ; Process Charts ; 5. The Police (Performance) Regulations 2008 ; Overview ; Preliminaries ; The First Stage ; The Second Stage ; The Third Stage ; Police Appeals Tribunal ; Conclusion ; 6. Standards of Professional Behaviour and the Initial Handling of a Report ; Overview ; The New Standards of Professional Behaviour ; Initial Handling: The Police Reform Act 2002, Sch 3, or the Police (Conduct) Regulations 2008 ; The Police Reform Act 2002, Pt 2: Complaints, Conduct Matters, and DSI Matters ; Police Refirm Act 2002, Sch 3, Pt 1: The Handling of Complaints ; Police Reform Act 2002, Sch 3, Pt 2: The Handling of Conduct Matters ; Police Reform Act 2002, Sch 3, Pt 2A: The Handling of DSI Matters ; Police Reform Act 2002, Sch 3: Miscellaneous Aspects ; Conclusion ; 7. Investigations under Schedule 3 of the 2002 Act and the 2008 Conduct Regulations ; Overview of the Investigatory Regimes and the Police (Conduct) Regulations 2008 ; Determination of the Investigatory Regime ; Assessment of Conduct ; The Appointment of the Investigator ; The Purpose of the Investigation ; Written Notices of Investigation ; Representations to the Investigator ; Interviews ; The Report of the Investigation ; Conclusion ; 8. Misconduct Proceedings Under the Police (Conduct) Regulations 2008 ; Referral of Case ; Procedure on Receipt of Notice ; Witnesses ; Rights of Attendance and Participation in Misconduct Proceedings ; Procedure at Misconduct Proceedings ; Outcomes ; Appeals from Misconduct Proceedings ; 9. The Police (Conduct) Regulations 2004 ; Overview ; The Structure, Purpose, and Application of the Regulations and the Home Office Guidance ; General Points and Procedural Challenges ; Non-senior Officers ; Senior Officers Under the 2004 Conduct Regulations ; Conclusion ; 10. Special ('Fast-track') Cases Under the Police (Conduct) Regulations 2004 and 2008 ; Overview ; The Role of the Independent Police Complaints Commission (IPCC) and Crown Prosecution Service (CPS) ; Special Cases Under the 2004 Conduct Regulations ; Special Cases Under the 2008 Conduct Regulations ; Conclusion ; 11. Chief Officer Reviews, Internal Appeals, and the Police Appeals Tribunal ; Overview ; Chief Officer's Review Under the 2004 Conduct Regulations ; Senior Officer Appeals ; The Police Appeals Tribunal ; Conclusion ; 12. Abuse of Process ; Overview ; The Police as a Regulated Profession ; Jurisdiction ; Regulatory Departure ; Delay ; 'Fair Hearing Impossible' ; Article 6 of the European Convention on Human Rights (ECHR) ; Conclusion ; 13. Probationers ; Overview ; Regulation 13 of the Police Regulations 2003 ; Conclusion ; 14. Inquests ; Overview ; The Nature and Purpose of an Inquest ; The Duty to Hold, and the Timing of, and Inquest ; The Scope of the Inquest: Jamieson, Middleton, and Art 2 ; Fundamental Points of Procedure ; Verdicts ; Conclusion ; 15. Police-related Criminal Offences ; Overview ; Misconduct in Public Office ; Unlawful Killing ; Driving-related Offences ; Conclusions ; APPENDICES ; Appendix A: A Table of Force Statistics ; Appendix B: The Police Appeals Tribunals Rules 1999, SI 1999/818 ; Appendix C: The Police (Conduct) Regulations 2004, SI 2004/645 ; Appendix D: The Police (Complaints and Misconduct) Regulations 2004, SI 2004/643, as amended ; Appendix E: The Police Reform Act 2002, Schedule 3, Part 1 ; Appendix F: The Police (Performance) Regulations 2008, SI 2008/2862 ; Appendix G: The Police (Conduct) Regulations 2008, SI 2008/2864 ; Appendix H: The Police Appeals Tribunals Rules 2008, SI 2008/2863 ; Appendix I: Home Office Guidance (2008) Police Officer Misconduct, Unsatisfactory Performance and Attendance Management Procedures ; Appendix J: The Police (Amendment) Regulations 2008, SI 2008/2865