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Academic literature on the topic 'Office of the Police Complaint Commissioner'

Author: Grafiati

Published: 4 June 2021

Last updated: 14 February 2022

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Journal articles on the topic "Office of the Police Complaint Commissioner"

1

Reid, Kiron. "The Home Secretary and Improved Accountability of the Police?" Journal of Criminal Law 69, no. 3 (June 2005): 232–55. http://dx.doi.org/10.1350/jcla.69.3.232.64785.

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A week is a long time in politics and Charles Clarke has been in post for some time as Home Secretary after the unplanned departure of David Blunkett. Blunkett had seen through radical police reforms but his departure was not because of serious issues like policy. Clarke has continued to pursue the police reform agenda and this article covers the direction of Labour government policy in its second term and specifically key legal developments in David Blunkett's final year as Home Secretary. These include the outcome of his dispute with Humberside Police Authority over its refusal to comply with the suspension of its Chief Constable. The Independent Police Complaints Commission has started work in this time and its early impact is reviewed. There have also been significant reports into: policing in London (the Morris Inquiry); policing and police complaints by the Commission for Racial Equality; and Police Disciplinary Arrangements for the Home Office. The article considers the general problem of litigiousness regarding police complaints and also highlights issues of accountability relating to national police work and European cooperation in light of the creation of the Serious Organised Crime Agency.

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2

Joyce, Peter. "The 2016 Police and Crime Commissioner elections." Safer Communities 16, no. 2 (April 10, 2017): 41–54. http://dx.doi.org/10.1108/sc-01-2017-0002.

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Purpose The purpose of this paper is to analyse the 2016 elections for Police and Crime Commissioners (PCCs) and to compare them with those that took place in 2012. It seeks to evaluate the background of the candidates who stood for office in 2016, the policies that they put forward, the results of the contests and the implications of the 2016 experience for future PCC elections. Design/methodology/approach This paper is based around several key themes – the profile of candidates who stood for election, preparations conducted prior to the contests taking place, the election campaign and issues raised during the contests, the results and the profile of elected candidates. The paper is based upon documentary research, making particular use of primary source material. Findings The research establishes that affiliation to a political party became the main route for successful candidates in 2016 and that local issues related to low-level criminality will dominate the future policing agenda. It establishes that although turnout was higher than in 2012, it remains low and that further consideration needs to be devoted to initiatives to address this for future PCC election contests. Research limitations/implications The research focusses on the 2016 elections and identifies a number of key issues that emerged during the campaign affecting the conduct of the contests which have a bearing on future PCC elections. It treats these elections as a bespoke topic and does not seek to place them within the broader context of the development of the office of PCC. Practical implications The research suggests that in order to boost voter participation in future PCC election contests, PCCs need to consider further means to advertise the importance of the role they perform and that the government should play a larger financial role in funding publicity for these elections and consider changing the method of election. Social implications The rationale for introducing PCCs was to empower the public in each police force area. However, issues that include the enhanced importance of political affiliation as a criteria for election in 2016 and the social unrepresentative nature of those who stood for election and those who secured election to this office in these contests coupled with shortcomings related to public awareness of both the role of PCCs and the timing of election contests threaten to undermine this objective. Originality/value The extensive use of primary source material ensures that the subject matter is original and its interpretation is informed by an academic perspective.

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3

Montesh, M. "A PROPOSED MODEL FOR THE APPOINTMENT AND DISMISSAL OF THE NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE: A COMPARATIVE STUDY." Journal of Law, Society and Development 1, no. 1 (September 1, 2014): 68–89. http://dx.doi.org/10.25159/2520-9515/875.

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When South Africa’s first democratically elected president was inaugurated on 10 May 1994, South Africans were anxious to see who would be leading the police service. Nelson Mandela followed his heart without bowing to political pressure and appointed seasoned police official Commissioner George Fivaz. Although the Interim Constitution Act 200 of 1993 was silent on the powers of the President to appoint the national commissioners, this appointment was made in terms of section 214(1) of that Act. At the time George Fivaz’s term expired, Mandela was also bowing out of the political limelight. When Thabo Mbeki assumed the presidency in 1999, he appointed Jackie Selebi, a former Umkhonto we Sizwe (MK) cadre, who came from the Department of Foreign Affairs without any policing experience. This appointment was made in terms of section 207 of the Constitution of the Republic of South Africa, read with section 7(1)(a) of the South African Police Service Act 68 of 1995. Section 8(1) of the South African Police Service Act stipulates that ‘if the National Commissioner has lost the confidence of the Cabinet, the President may establish a board of inquiry to inquire into the circumstances that led to the loss of confidence, compile a report and make recommendations.’ After serving his first term, reports of Selebi’s involvement in the criminal underworld began to emerge. As a result of these reports, the then Directorate of Special Operations (the Scorpions) investigated Selebi’s involvement in corrupt activities. In 2007, Selebi was charged inter alia with two counts of corruption; in 2010, he was found guilty of corruption and sentenced to 15 years’ imprisonment. Surprisingly, on 2 August 2009, President Jacob Zuma appointed General Bheki Cele, who also came from an MK background without any policing experience, as the third National Police Commissioner. Within a year, reports of Cele’s involvement in illegal lease deals began to emerge and the office of the Public Protector was called in to investigate the allegations. As a result of its findings of improper conduct and maladministration, he was suspended in 2011 and a commission of inquiry was established in terms of section 8(1) of the South African Police Service Act 68 of 1995 to find out whether the Commissioner was fit to hold office. General Cele was fired for maladministration and corruption and was replaced by General Riah Phiyega, who also did not have any policingexperience. A few months after her taking office, the Marikana incident occurred and all the blame for it has been directed at the National Commissioner, although the commission has not yet finalised its mandate. In view of the above-mentioned incidents, it is clear that there is a problem with the way in which the National Commissioner is appointed. This article seeks to unravel the powers of the president in appointing the National Police Commissioner and discuss the cases of the two former incumbents who bowed out of office in disgrace without completing their terms of office. It also includes a comparative study with countries such as Kenya, Northern Ireland, Uganda, Canada and selected countries from the Caribbean islands. As a way forward, a new model for appointing and dismissing the National Commissioner for South Africa is proposed.

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4

Smith, Graham. "THE TRIPARTITE POLICE COMPLAINTS SYSTEM OF HONG KONG." ASIA-PACIFIC JOURNAL ON HUMAN RIGHTS AND THE LAW 15, no. 1-2 (April 6, 2014): 119–45. http://dx.doi.org/10.1163/15718158-15010206.

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Practitioners define the police complaints system of Hong Kong as a two-tier system. In this article, written at the request of the organisers of a 2014 Symposium, the international reform trend and purposes of police complaints systems are briefly outlined before examination of the Hong Kong system. A different conceptualisation is suggested to the one currently preferred by practitioners. It is observed that three organisations – the Independent Commission Against Corruption, the Complaints Against Police Office of the Hong Kong Police Force, and the Independent Police Complaints Council – share responsibility for handling complaints against the police. It is proposed that a full and comprehensive audit of the powers, duties and responsibilities of the three organisations that comprise this tripartite system, supported by research on the experiences of complainants, would provide an important evidence base for developing the system.

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5

VAN BOVEN, THEO. "The United Nations High Commissioner for Human Rights: The History of a Contested Project." Leiden Journal of International Law 20, no. 4 (December 2007): 767–84. http://dx.doi.org/10.1017/s0922156507004438.

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This essay recounts the protracted history of the proposal to create a UN High Commissioner for Human Rights, from the days of Cold War controversies and divisions until the post ultimately came into being after the World Conference on Human Rights (Vienna, 1993). While early proposals perceived the High Commissioner as an independent authority receiving complaints and lending good offices, the envisaged role of the High Commissioner progressively evolved over the years – with the setting up of a great variety of treaty-based and charter-based implementation procedures – to encompass comprehensive policy-planning and global human rights advocacy. Thus, as the UN official with principal responsibility for human rights activities, the High Commissioner became firmly embedded in the structure of the UN organization. This paper further underscores the catalytic role of non-governmental organizations in consistently pushing forward the high commissioner project, as it finally emerged in an atmosphere of high expectations.

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6

Brain, Timothy. "Police and crime commissioners: the first twelve months." Safer Communities 13, no. 1 (January 7, 2014): 40–50. http://dx.doi.org/10.1108/sc-09-2013-0020.

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Purpose – The purpose of this paper is to review the establishment of this new type of elected official and the conduct of those in office during the first twelve months of their official existence, and to consider whether a compelling case has yet been made for its retention as the principal method of police governance. Design/methodology/approach – The paper will review policy papers and data which preceded and followed the establishment of the office of police and crime commissioner (PCC) in November 2012; review the 2012 elections and their implications, review conduct since, particularly in respect of formal duties, principally setting budgets and police and crime plans; consider the potential for politicisation; and consider whether a case has been made for the retention of the office in future. Findings – The paper concludes that the government has succeeded with PCCs in implementing a major plank of the Conservative party's 2010 manifesto. It can reasonably be anticipated that the Conservatives will promote this record at the next election. However, it is simply too early to tell if PCCs are individually or collectively adding value to the sum of policing in England and Wales. A compelling case for their retention as a means of police governance is therefore yet to be made. On the other hand, Labour has still to determine whether it will offer the electorate an alternative in 2015. Research limitations/implications – With only ten months having elapsed since the first elections, it is early to draw firm conclusions about the effectiveness or, more pertinently, the added value that PCCs have brought to policing. Conversely, the first twelve months was an opportunity for PCCs to make a positive impression and this has not occurred. Practical implications – PCCs ought to be subject to a rigorous appraisal of effectiveness. This is unlikely, for political reasons, to occur. Originality/value – First rigorous review of PCCs based on a review of available data.

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7

Field, Stewart, and Pauline Roberts. "Racism and police investigations: individual redress, public interests and collective change after the Race Relations (Amendment) Act 2000." Legal Studies 22, no. 4 (November 2002): 493–526. http://dx.doi.org/10.1111/j.1748-121x.2002.tb00666.x.

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This paper considers the impact of the Race Relations (Amendment) Act 2000. It focuses on the kind of situation presented by the Stephen Lawrence murder investigation where racist stereotypes and assumptions infect both police inquiries into serious violent crime and the treatment of victims or their families. It first demonstrates the limited scope of individual redress available prior to the Act in such situations (examining police complaints mechanisms, private prosecutions, misfeasance in public office, judicial review and negligence). It links limitations in the scope of individual redress to a traditional priority accorded to public interests. The Race Relations (Amendment) Act 2000 gives individuals a general right to sue the police for racial discrimination in investigations. It is argued that a similar right probably now exists – at least in the context of life-threatening violence – under the Human Rights Act 1998. These developments seem to signal a shift in the balance between individual rights and the limiting claims of public interests. But the singularity of the 2000 Act is that, in introducing the mechanisms and logic of anti-discrimination law into the criminal process, it creates the potential for a more interactive relationship between individual complaint and the public interest in the collective promotion of change.

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8

Gekoski, Anna, Miranda A. H. Horvath, and Julia C. Davidson. "The effectiveness and impact of the child protection and criminal justice systems in cases of intrafamilial child sexual abuse." Journal of Criminological Research, Policy and Practice 2, no. 1 (March 14, 2016): 54–66. http://dx.doi.org/10.1108/jcrpp-06-2015-0023.

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Purpose – The purpose of this paper is to report on the findings from a study commissioned by the Office of the Children’s Commissioner (OCC) in England, concerning intrafamilial child sexual abuse (IFCSA)/incest. Specifically, it aims to explore the evidence about child protection and criminal justice responses to victims of IFCSA in the UK and where the gaps in these approaches lie. Design/methodology/approach – A Rapid Evidence Assessment (REA) was used, the function of which is to: search the literature as comprehensively as possible within given time constraints; collate descriptive outlines of the available evidence on a topic and critically appraise it; sift out studies of poor quality; and provide an overview of the evidence. Over 57,000 documents were scanned, and 296 ultimately systematically analysed. Findings – It was found that children may be re-victimised by various aspects of “the system” and professionals within it, including social workers, police officers, and lawyers. Research limitations/implications – A REA is not a full systematic review, differing in the scope and depth of the searches and depending almost exclusively on electronic databases, not accompanied by searching journals by hand. Originality/value – The findings of this research provide the evidence-base for a new two-year inquiry into the subject of IFCSA by the OCC.

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9

Hilman, Hilman, and Lalu Wira Pria Suhartana. "Implementation of Issuance of Substitute Certificate and Legal Implications (Study at the Land Office of North Lombok Regency)." International Journal of Multicultural and Multireligious Understanding 6, no. 2 (May 23, 2019): 597. http://dx.doi.org/10.18415/ijmmu.v6i2.744.

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The purpose of this research is to find out the implementation of issuance of substitute certificates and legal implications. Factors influencing the issuance of the replacement certificate because the certificate was lost and because the certificate was damaged, and the certificate still used the old certificate and the legal implications of issuing a substitute certificate.The sources of data found in this study are from interviews with the Head of the Land Law Relations Section of the North Lombok National Land Agency Office, the Head of the Land Registration Subsection of the North Lombok Regency National Land Agency and the Ganges Sector Police of North Lombok Regency.The results showed that the issuance of the Substitute Certificate and Legal Implications consisted of three stages, namely, the preparation stage of the applicant, the registration stage, the implementation stage of the certificate of replacement by the Office of the North Lombok National Land Agency. Legal implications arising from the issuance of a replacement certificate in the event of a violation of land rights can carry out prosecution of the violator based on their rights in accordance with Article 32 of Government Regulation Number 24 of 1997 concerning Land Registration that the certificate is a strong and legal certificate. but if there is another party who feels they have the right to the land, then they may submit a written objection to the holder of the certificate and the National Land Agency or submit a complaint to the Court regarding land ownership or issuance of the certificate.

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10

Balendr, Andrii V., Vasyl O. Korolov, Oleksandr V. Adamchuk, Anatolii V. Iakymchuk, Serhii V. Sinkevych, and Ihor H. Bloshchynskyi. "BORDER GUARDS’ DISTANCE LEARNING DEVELOPMENT IN THE EUROPEAN UNION COUNTRIES." Information Technologies and Learning Tools 71, no. 3 (June 29, 2019): 305. http://dx.doi.org/10.33407/itlt.v71i3.2749.

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The research reveals the peculiarities of the Distance Learning (DL) development in the framework of border guards training in the European Union (EU) countries. Theoretical and practical concepts, modern stage and peculiarities of border guards’ DL development were substantiated in the article. The special attention was paid to possibilities of educational web platforms, which are widely utilized in the training of personnel of the border guard agencies, namely: Web Platform Virtual Aula of the FRONTEX Agency; E-Net Web Platform of the CEPOL (The European Police College); EU Coast Guard Functions Training Portal (CGFTP); ILIAS Learning Platform of the EU Mission EUBAM (EU Border Assistance Mission to Moldova and Ukraine); Connect & Learn platform of the UNHCR (The Office of the United Nations High Commissioner for Refugees); Global eLearning Program of the UNODC (United Nations Office on Drugs and Crime). The authors have also conducted the comparative analysis of DL courses of educational platforms with border guard components in the EU countries, which showed that the platform with the biggest number of border guard-oriented courses is Virtual Aula platform of FRONTEX Agency. Suggestions and proposals on DL development and prospective directions based on the experience gained during DL introduction into the system of the border guards’ training system supported by the survey results are given in the conclusion of this article in order to facilitate the improvement of border guards’ DL systems in the EU countries. The prospects of the border guards’ DL system development are based on 5 key factors: aligning all DL training courses to the Sectoral Qualification Framework and Common Core Curricular for border guarding: unification of the skills and knowledge of European border guards; enhanced use of the Internet and social media; introduction of common educational web-platforms; organizing specialized training for the specialists in DL use and management, and developing common eLearning tools and programs.

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Books on the topic "Office of the Police Complaint Commissioner"

1

Ontario. Office of the Police Complaints Commissioner. Annual report: Office of the Police Complaints Commissioner. Toronto: Office of the Police Complaints Commissioner, 1993.

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2

British Columbia. Legislative Assembly. Special Committee to Appoint a Police Complaint Commissioner. Report. Victoria]: Legislative Assembly of British Columbia, 1998.

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3

British Columbia. Legislative Assembly. Special Committee to Review the Police Complaint Process. First report. Victoria, B.C: Special Committee to Review the Police Complaint Process, 2002.

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4

Dunlap, Mary C. OCC special report: Performance and productivity as to complaint caseload. San Francisco: [Office of Civilian Complaints?], 1999.

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5

University of Toronto. Centre of Criminology., ed. Public complaints against the police: A view from complainants. Toronto: Centre of Criminology, University of Toronto, 1994.

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6

Ontario. Office of the Public Complaints Commissioner. Response by the Office of the Public Complaints Commissioner to requests by the Chief of Police of Metropolitan Toronto and the Metropolitan Toronto Police Association for legislative amendments to the Metropolitan Toronto Police Force Complaints Act, 1984. [Toronto]: The Commissioner, 1988.

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7

British Columbia. Legislative Assembly. Special Committee to Appoint a Police Complaint Commissioner. Special Committee to Appoint a Police Complaint Commissioner. Victoria, B.C.]: Legislative Assembly, Province of British Columbia, 2015.

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8

Commissioner, Public Complaints. Public Complaints Commissioner: Report Evaluating the Effectiveness of the System for Handling Complaints From Members of the Public Against Police Officers on the Metropolitan Toronto Police Force 1981-1984. S.l: Public Complaints Commissioner, 1985.

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9

San Francisco (Calif.). Office of the Controller. City Services Auditor Division. Office of Citizen Complaints: Weak case management and organizational issues degrade OCC's performance. San Francisco: Office of the Controller, 2007.

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Division, San Francisco (Calif ). Office of the Controller Audits. Office of Citizen Complaints: Revolving fund January 1, 1999 through March 15, 2000. San Francisco: Office of the Controller, 2000.

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Book chapters on the topic "Office of the Police Complaint Commissioner"

1

"The duality of police oversight in Scotland: an examination of the role of the Police Complaints Commissioner for Scotland and the Crown Office and Procurator Fiscal." In Handbook of Policing, Ethics and Professional Standards, 62–72. Routledge, 2012. http://dx.doi.org/10.4324/9780203097403-15.

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