Police Complaints Authority (HoC, WA)
01 January 1991
Police Complaints Authority (HoC, WA)
artdoc June=1991
27.6.89 Cols.396-8
Mr. Wheeler: To ask the Secretary of State for the Home
Department whether he has reached his decisions on the
recommendations contained in the report of the Police
Complaints Authority Triennial Review 1985-1988.
Mr. Hurd: Yes. I announced on 14 November 1988 that a
consultation document on the recommendations was being sent to
the police representative bodies, the local authority
associations, the Director of Public Prosecutions and the
Police Complaints Authority. The document was also being made
available to anyone else on request. I have given further
consideration to the recommendations in the light of the
comments received.
I have decided to accept 11 of the authority's
recommendations in whole or in part.
Of these 11 recommendations, three have been or will bc
dealt with by administrative action by my Department as
follows:
I intend that recommendation (4) should be met by making
available to the authority information which chief officers
currently supply to Her Majesty's chief inspectorate of
constabulary-
I have accepted the following recommendations which will
bc implemented by amendments to regulations. I have asked my
officials to bring forward the necessary amendments as quickly
as possible.
(3) that "complaint ... about the conduct" should be
enlarged to embrace all such matters arising out
of or in the course of the incident complained of
as the authority may determine by investigation or
otherwise (paragraph 1.8);
(4) that chief officers be under an obligation to
provide us with such information on the informal
resolution procedure as we may reasonably require
to enable us to fulfil the mandate or section
97(4) Paragraph
1. 14);
(7) that the police authority be required to deal with
complaints against senior officers through a small
disciplinary sub-committee, enjoined to a proper
judicial approach to the task (paragraph 1.26).
(5) that the words "or informally resolved" should be
added to those conditions necessary for dispensation
under regulation 3 on the ground that the complaint
is repetitious (paragraph 1.17);
(15) that the authority be given an equivalent
discretionary power and propose that it be done by
way of amendment of the Police (Anonymous,
Repetitious Etc, Complaints Regulations 1985, to
include words such as "or vexatious. oppressive, or
an abuse of the complaints system" in the
description of complaints for which we can grant a
dispensation from investigation (paragraph 2.29);
(16) that there should bc a time limit of 12 months
from the date of the incident, or the latest
incident, giving rise to the complaint within
which to bring it to notice. There should be
the usual safeguard to enable us to exercise
discretion to extend the time limit when good
reason for delay is shown and no injustice is
likely to be caused (paragraph 2.30).
It will not be possible to give direct effect to the third
of these recommendations by regulation. But I intend to bring
forward amendments to regulations which will achieve the
purpose sought by the authority.
I have also accepted five recommendations for action at
the next legislative opportunity.
(9) That the language of sections 90 and 92 be
amended to make it clear beyond doubt what is
intended (paragraph 1.41);
(10) that the Act bc amended to enable the authority to
give its reasons for preferring charges at the stage
of recommendation