Overview

Police Misconduct, Complaints and Public Regulation provides comprehensive coverage of the law and procedure relating to the regulation of the police - setting out comprehensive guidance on practice in relation to complaints, misconduct and performance procedures, as well as detailed analysis of the powers of the IPCC and of its statutory guidance. Dedicated chapters address events from recording the complaint through to Police Appeals Tribunals; specific criminal offences (misconduct in public office; manslaughter; driving); inquests (including modern developments on narrative verdicts); and associated guidance on abuse of process and judicial review. The content reflects the substantial developments in the law and practice in these inter-related proceedings since the implementation of the Police Reform Act 2002 in April 2004, as well as the radical reforms introduced by the radical change of regime introduced by performance and misconduct regulations in 2008. . The authors - recognized as market leaders in these fields of work - bring together, in a detailed and practical narrative, the relevant statutory powers, secondary legislation, statutory guidance and increasing body of Administrative Court jurisprudence. They include user-friendly diagrams and process maps to illustrate and explain the narrative and legislation. Appendices include - in full - all relevant performance and misconduct regulations between 1999 - 2008, the 2008 Home Office Guidance, and both the 1999 and 2008 Police Appeals Tribunals Rules. Written by two barristers with extensive experience representing and advising police forces and accused officers in all forms of proceedings, this book is an essential text for all supervising officers and managers that must seek to apply the procedures correctly, as well as solicitors and barristers instructed in these matters and other tribunals. It also represents the single most authoritative modern treatment of Coronial law as applied to police related deaths, and to contemporary developments in criminal offences including misconduct in public office and police-related homicide.

Full Product Details

Author:   John Beggs QC (Barrister, 3 Serjeants' Inn Chambers) ,  Hugh Davies, OBE,QC (Barrister, 3 Raymond Buildings)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.50cm , Height: 5.30cm , Length: 24.90cm
Weight:   1.647kg
ISBN:  

9780199546183

ISBN 10:   0199546185
Pages:   832
Publication Date:   09 July 2009
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

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

Reviews

`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 precis 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.' The Honourable Mr Justice Burnett

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 precis 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. The Honourable Mr Justice Burnett

`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.' The Honourable Mr Justice Burnett

Author Information

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.

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