3.The Independent Police Complaints Commission (“IPCC”) was established by Part 2 of the Police Reform Act 2002 (“the 2002 Act”) to provide an effective and independent means of overseeing the investigation of complaints and alleged misconduct relating to the police in England and Wales. It came into effect in April 2004, replacing its predecessor, the Police Complaints Authority (“PCA”). The provisions governing the transition between the two bodies are contained in the Independent Police Complaints Commission (Transitional Provisions) Order 2004(1).
4.The IPCC has a general duty to secure public confidence in the arrangements for handling complaints (and other matters). Part 2 of the 2002 Act sets out the statutory framework within which the IPCC has oversight of police complaints, conduct matters and death and serious injury (“DSI”) matters.
5.There are three ways to enter the police complaints system set out by the 2002 Act. The first is via complaints. For a complaint to be dealt with under the 2002 Act, it must be one about the conduct of a person serving with the police.
6.The second concerns circumstances where there has not been a complaint but where there is an indication that a person serving with the police may have either committed a criminal offence or behaved in a way which would justify disciplinary proceedings (“a conduct matter”).
7.The third relates to a DSI matter. This arises where there has been no complaint or conduct matter but the circumstances are such that a person has died or sustained serious injury and the police are involved in one or more of the ways defined in the 2002 Act.
8.Chief officers and local policing bodies (that is Police and Crime Commissioners or, in London, the Mayor’s office for Policing and Crime and the Common Council of the City of London) have a duty under the 2002 Act to record complaints, conduct matters and DSI matters that fall within the Act and for which they are the appropriate authority(2). All DSI matters and certain categories of complaints and conduct matters (as set out in paragraphs 4 and 13 of Schedule 3 to the 2002 Act and Regulation 4 and 7, Police (Complaints and Misconduct) Regulations 20123) must be referred to the IPCC. The IPCC also encourages appropriate authorities to refer complaints or incidents that do not come within these categories but where the gravity of the subject matter or exceptional circumstances justifies referral.
9.When cases are referred to the IPCC, it assesses the seriousness of the case and the public interest and determines the form of investigation. There are four types of investigation:
Independent investigations - Carried out by IPCC investigators and overseen by an IPCC Commissioner. IPCC investigators have all the powers of the police.
Managed investigations - Carried out by Professional Standards Departments (“PSDs”) of police forces under the direction and control of the IPCC.
Supervised investigations - Carried out by police PSDs under their own direction and control. The IPCC will set the terms of reference and receive the investigation report when it is complete.
Local investigations - Carried out entirely by police PSDs.
If the IPCC decide there is no need for it to investigate a complaint or conduct matter it can also refer this back to the appropriate authority.
From 22 November 2012, the appropriate authority for a person serving with the police is: for a chief officer or an acting chief officer, the local policing body for the area of the police force of which the officer is a member; in any other case, the chief officer with direction and control over the person serving with the police.
