Misconduct
Request for Mobile Phones/Devices when under Investigation
Status of police friends and friends’ confidentiality
Whistleblowing | Print version | Welsh version - revised September 2017
C2 Application for Legal Assistance Form
Conduct Investigations
Allegations against members do not always arise from complaints from the public. There are instances where members may be suspected of having committed a criminal or conduct offence either as a result of a complaint, an allegation from a colleague or from some other source which may result in a formal investigation.
In any such case, members may be subject to both a criminal investigation and an internal conduct investigation.
Where there is a criminal investigation a member has the same rights as any individual who is investigated for an alleged criminal offence under the provisions of the Police and Criminal Evidence Act 1984.
If you are the subject of a complaint you should engage the services of a trained Police Federation “friend” at the earliest opportunity.
Please select a suitably qualified “friend” from the list posted under “Your Reps” on this site or by contacting the Federation Office on 05400.
A member has the right to consult with this “friend” at all stages of the investigation. It is important to seek advice at the earliest possible stage and certainly prior to making any formal statement.
The full extent of the allegation may not be known until the service of a written notice is made. It is accepted that other than in exceptional circumstances this notice should be served very shortly after receipt of the allegation.
Duty Statements
Where a member is the subject of a criminal investigation (i.e. where an allegation of criminal conduct has been made against an Officer) no request to provide a duty statement should be made, or if such a request is made this may be refused.
Where an allegation of the commission of a conduct offence has been made, then, whether or not a Regulation 14 or 15 Notice has been served, a duty statement may be properly refused, it being a statement “concerning the matter”.
An express assurance that a duty statement will not be used in any subsequent criminal or discipline proceedings arguably provides the member with the necessary protection to enable a statement to be made.
The circumstances in which this may arise are where a civil action has been commenced against the Chief Officer and a statement is necessary to help the Chief Officer oppose or defend the action. In these circumstances preface the duty statement with:
“I have been informed that I am not the subject of a criminal or discipline allegation. I make this statement solely for the purposes of defending the civil action. I do not consent to it being used for any other purpose.”
North Wales Police Federation have negotiated an agreement with the Professional Standards Department whereby an Officer requested to provide a duty statement will receive a written assurance that they are not at that time under investigation. This will take the form of a signed pocket notebook entry or a signed proforma.
In such circumstances the above mentioned caption will not be required. If you experience any difficulty in this area please contact the J.B.B. office before taking any action.
Ethical Interviews
Objective:
- To seek a truthful account of an allegation.
- To seek a resolution to an allegation which may include “informal advice”, (which is not recorded) or training.
Conditions:
- Normally only used for minor allegations.
- Usually used as a last resort where it has been impossible to prove or disprove an allegation but where there is some form of corroboration to support the allegation.
- Will not be used in any Criminal or Discipline hearing unless an admission is made which relates to a more serious matter which falls outside the allegation being investigated.
Member of staff is given a warning regarding this before the interview. The warning used will be similar to the one given to an officer prior to an informal resolution interview. The purpose is to encourage the member of staff to give a truthful account without the fear of being punished.
- An admission can be used to set an action plan to prevent the “misconduct” being repeated. This may include training or advice. This is not to be seen as a sanction and will not be recorded.
- A member of staff can be accompanied by a “friend” during the interview.
- Notes may be taken during the interview which can be used as part of an “action plan”.
Local Resolution
This is the simplest and most flexible way for people to tell the Police their perspective of what happened and find out why it happened.
The IOPC believes that more complaints could be dealt with this way and is keen to build Officer and staff confidence in this method.
The Police Federation fully supports Local Resolution as a process for dealing with complaints.
Handled professionally, this approach will have a positive impact on the Community’s views about policing in their area and should lead to increased public confidence and better two-way communication.
Local Resolution is not about blame or discipline and these cases should not be referred to in your personal development plans, staff appraisals or in any subsequent misconduct hearing.
Conduct Notices are not necessary during Local Resolution and nothing an Officer says during Local Resolution can be used later in a misconduct process for the same matter.
Your supervisors will usually deal with Local Resolutions and you may be asked to comment on the complaint.
Any explanation you give is purely voluntary and this can be passed on to the complainant if you wish.
Nobody can apologise on your behalf unless you specifically authorise them to do so.
If you accept all or some of the events subject to the complaint and/or have an explanation for your actions and want it passed on to the complainant, this can be done.
Misconduct Notice – What do I need to do
The first thing to do is not panic.
The Notice informing you that a complaint has been made is served for your protection. It gives you the opportunity to secure any evidence that may be necessary for your defence.
It also gives you early notice that a complaint has been made.
When you are served with a Notice you will be cautioned and invited to reply. It is advisable that if it is appropriate to deny the allegation at this early stage this can assist with the disposal of the complaint if the complainant subsequently fails to co-operate with the investigation.
However, it is not advisable to go into details of the allegation and your actions until you have sought further advice.
Following that advice it is usually the best course of action to co-operate with the enquiry and provide an explanation.
Therefore upon receipt of the Notice a simple response of, “I deny this allegation but wish to seek further advice before I make a formal response. I intend to co-operate fully with this enquiry” is the most appropriate answer at this stage.
Sometimes you cannot deny the allegation and wish to accept the behaviour.
In that case, simply stating that you wish to seek advice before formally responding will suffice.
If further questions are asked then respond by stating simply, “I wish to seek advice before I answer that question”.
Your next action should be to contact your Federation Representative as soon as possible.
Do not delay as this can cause problems with the availability of your chosen Representative.
In the event of a criminal investigation linked to your duty, the Federation will require a copy of the misconduct notice, summary of events and a completed C2 form, requesting legal representation as soon as possible from you.
The Federation Representative will want a copy of the Notice and will meet with you to discuss the complaint.
It is most likely at some stage that the Investigating Officer will wish to interview you. As stated it is usually the best course of action to fully co-operate with the enquiry and offer your explanation and version of events.
A Federation friend or legal representative will accompany you at this interview.
Being under investigation can be very stressful and the Federation can provide both welfare support and advice throughout the process.
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