Office of the Police Ombudsman for Northern : The Police Complaints System in Northern Ireland

Contents

05 14 Dealing with Complaints Investigative Techniques against the Police 16 06 Improving Policing The Police Ombudsman 18 07 ‘The Troubles’ The Hayes Report 19 08 The Complaints Office Serving the Whole Community 20 10 Complaints Outcomes What do People Complain About? 22 13 Making a Complaint Police Ombudsman Investigation Officer 4 Dealing with Complaints Against the Police

The Police Ombudsman’s Office provides independent and impartial investigation of complaints about the police in Northern Ireland.

The Office opened in November 2000, In addition, the Police Ombudsman replacing the Independent Commission for investigates: Police Complaints (ICPC). Its opening • all discharges of police firearms marked the beginning of an entirely new (including those used in riot situations) system for investigating complaints • all fatal road traffic collisions involving against police officers in Northern Ireland. police officers • and any death which may have Previously, complaints against police were occurred as a result of the actions of a investigated by other police officers. police officer.

The Police Ombudsman’s Office, however, In most circumstances the Police has its own teams of professional Ombudsman can investigate only investigators who gather evidence to incidents that have occurred in the show whether or not police officers have previous 12 months. However, there is no acted improperly. time limit on the investigation of grave or exceptional matters. As a result, the Police The Office was the first fully-funded and Ombudsman has investigated many completely independent police complaints complaints from the relatives of people organisation in the world. It has been who died during ‘The Troubles’ (the conflict described as the international “gold in Northern Ireland during the final three standard” for police complaints and similar decades of the 20th Century). organisations have since been set up in a number of countries, including England, Following an investigation - if the evidence Wales and the . suggests that police officers have broken the law or breached the police Code of Currently, about 3,000 complaints per year Ethics - the Police Ombudsman can are made about police officers in Northern recommend that they are prosecuted Ireland. These include complaints about or disciplined. use of force by police officers, and allegations that officers failed to do their Whether there is evidence to support the jobs properly, that police officers complaint or not, the Police Ombudsman perverted the course of justice or were will inform both parties to the complaint rude or offensive during the course of of its outcome and in cases of public their duties. interest make a general statement about the findings. She will also make any relevant recommendations for the improvement of police policy and practice.

5 The Police Ombudsman

The Police Ombudsman is Mrs Nuala O’Loan, who is a qualified solicitor.

MRS O’LOAN NEW CATHEDRAL BUILDINGS, THE POLICE OMBUDSMAN’S OFFICES IN CENTRAL BELFAST

Mrs O’Loan has served in a number of The Police Ombudsman’s offices are in roles which have drawn upon her central Belfast, just off Donegall Street, experience of rights issues and legal opposite St Anne’s Cathedral. matters, including: • the Energy and Transport Group of the The Office has around 130 staff. About General Consumer Council for Northern 90 are employed within the Investigations Ireland (1991 to 1996) Directorate, including staff who record and process complaints, investigators, and • the UK Domestic Coal Consumers’ support staff. Council (1992-95) • the Northern Health and Social Others are employed in the Corporate Services Board (1993-97) Services, Information, Legal Services, and Policy and Practice directorates. • a Ministerial Working Group on The office has an annual operating the Green Economy (1993-95) budget of around £8m. • and the Police Authority for Northern Ireland (1997-99).

She was a Legal Expert Member at the European Commission’s Consumers’ Consultative Council (1994-97) and chairman of the Northern Ireland Consumer Council for Electricity (1997-2000).

Mrs O’Loan is a solicitor of the Supreme Court of England & Wales and is married and has five sons. Her term as Police Ombudsman ends in November 2007.

6 The Hayes Report

The story of the Police Ombudsman’s Office can be traced back to November 1995 when a senior civil servant, Dr Maurice Hayes, was appointed to review the police complaints system in Northern Ireland.

Dr Hayes was asked to produce a “He/she would investigate complaints blueprint for a new system which could against police even where the action earn the confidence of the people complained of might amount to criminal of Northern Ireland, and of the behaviour, if proven, and would in such police themselves. cases carry the criminal investigation through to a recommendation to the After consulting widely with political Director for Public Prosecutions.” parties, members of the public, the police and policing organisations, Dr Hayes Dr Hayes’ recommendations were largely produced his report in January 1997. accepted by the Government, which passed legislation to bring the new office “The overwhelming message I got from into being. nearly all sides and from all political parties was the need for the investigation The Police (Northern Ireland) Act 1998 set to be independent and to be seen to out the role and powers of the new Police be independent,” stated Dr Hayes in Ombudsman, and after some months of the report. preparation the Office opened and began operating on 6 November 2000. He recommended that an independent Police Ombudsman should be appointed to deal with all complaints against the police.

The Ombudsman should, he said, be supported by a team of professional investigators “which might include investigators from Customs and Excise or DHSS, lawyers, people with police experience and others.”

INDEPENDENT INVESTIGATION: THE HAYES REPORT RECOMMENDED THAT COMPLAINTS AGAINST THE POLICE SHOULD BE INVESTIGATED BY TEAMS OF INDEPENDENT INVESTIGATORS.

7 Serving the Whole Community

When the Police Ombudsman's Office opened in November 2000, the policing debate in Northern Ireland was at its height. The Patten Commission had published its report "A New Beginning: Policing in Northern Ireland" the year before.

It made 175 recommendations for change, 87% of Catholics and 78% of Protestants public interest, that such information is including that the Royal Ulster also believed that the Office was helping made available. Constabulary should be replaced by a new to improve policing. Police Service of Northern Ireland. Our website (www.policeombudsman.org) The Office's independence and provides a lot of information about our It also advocated "50-50 recruitment" to impartiality was also being recognised by work, including statistics about the address the under-representation of police officers. A survey of more than 400 number and type of complaints we deal Catholics in the police service (with 50% police officers investigated by the Office with, detailed summaries of major of new recruits being Catholic and 50% during 2006/7 revealed that: investigations, press releases, online being Protestants and other religions). • 83% believed they had been treated forms and publications. fairly The proposals were radical, and Unionist • and of those officers who had spoken Our staff have given presentations to and Nationalist opinion on the issue was to a Police Ombudsman investigator, many schools, community groups and starkly polarised. 93% said the investigator had been District Policing Partnerships across professional, Northern Ireland. The Police Ombudsman's Office was • 92% said they had been impartial therefore borne into a period of • 88% said they had been And thousands of police officers have momentous and controversial policing knowledgeable attended presentations by the Office, so change. • and 70% were satisfied or very that they know what to expect should a satisfied overall with how they had complaint be made against them. Against this backdrop, the Office was been treated by the Office. required by law to try to secure the We also send information to the police, support of the whole community and of Policing Board and District Policing the police themselves. Given that INFORMING THE COMMUNITY Partnerships on a regular basis, so that Northern Ireland society itself had been so It is unlikely that these levels of public they know the sorts of issues that are divided by the policing debate, few gave and police support could have been giving rise to complaints. the new Office any chance of achieving achieved if the Office had not, from the that objective. outset, adopted a policy of openness and If you know of any group or organisation transparency in relation to its work. which would like to learn more about the Yet, within five years of opening, the Police Ombudsman’s Office, please Police Ombudsman's Office had secured We try to provide as much information contact us on 028 9082 8746 and we will the support of around 80% of people on about our work as we can. We do this be happy to speak to you about doing a both sides of the community divide in while recognising the need to protect the presentation about our work. Northern Ireland. confidentiality of individual complainants and police officers. An independent survey conducted in early 2007 indicated that 88% of Protestants If police do a good job, we will say so. If and 84% of Catholics believed believed mistakes are made, or offences committed, that police officers and complainants we will also report on those and any would be treated fairly by the Police disciplinary action, prosecutions or Ombudsman’s Office. recommendations for improvements to policing that result. It is important, in the

8 ( ABOVE )THE CHAIRMAN OF THE NORTHERN IRELAND POLICING BOARD, SIR DESMOND REA, ADDRESSES DELEGATES AT A THREE DAY INTERNATIONAL POLICE ACCOUNTABILITY CONFERENCE Internationally Recognised ORGANISED BY THE POLICE OMBUDSMAN’S OFFICE. The Police Ombudsman’s Office has They can, for example, secure incident “...the advice, training forged an international reputation for the scenes and seize police documentation independent, impartial investigation of and property. By law, the police must and support of the complaints against the police. provide whatever information is required from them in connection with the Police Police Ombudsman’s Delegations have visited the Office from Ombudsman’s investigations. Office has been across the globe - including groups from , Macedonia, , , Korea In exceptional circumstances, invaluable in helping and , among others - to learn investigators can also arrest us to develop an about the way in which we investigate police officers and search premises, complaints. should that be absolutely necessary. effective system of

Some commentators have described the The importance of these powers is civilian oversight of the Police Ombudsman’s Office as the that they allow Police Ombudsman police in Georgia...” international “gold standard” model of investigators to gather the evidence they ZURA GUNTSADZE police accountability. need to make an effective judgment about DIRECTOR, ALPE FOUNDATION whether police have acted properly. TBLISI, GEORGIA There are a number of things that set the police complaints system in Northern Ireland apart from those “...Latvia lacks an in most other countries. independent, First, the fact that the Police Ombudsman’s adequately funded Office is entirely independent of the police and has its own teams of specialist and staffed, and publicly investigators. This contrasts with most other countries, where complaints against trusted police complaints the police are investigated by the body such as the police themselves. Northern Ireland Police Secondly, the law provides our Ombudsman’s Office...” investigators with a broad range of powers which allows them to conduct ANHELITA KAMENSKA, thorough evidence-based investigations. LATVIAN CENTRE FOR

9 What do People Complain About?

In the first six and a half years of operation, the Police Ombudsman received more than 20,000 complaints.

There are many different types of Failure in duty complaints might include, At the same time, the increase in the complaints, but they can be grouped into for example, allegations that police failed number of failure in duty allegations may four main categories: to properly investigate a crime, or failed to reflect higher expectations from the public • Failure in duty – allegations that police respond to an emergency call. about the level of service they can expect failed to perform the duties required of from their police service. them, or breached the police Code of The overall trend during the first six years Ethics. after the Police Ombudsman’s Office Incivility allegations have historically opened was towards a reduction in accounted for about 12-16% of • Oppressive behaviour – allegations of allegations of oppressive behaviour. allegations, with all other allegations assault, intimidation or harassment by Generally considered to be the most amounting to between 8 and 10%. police officers. serious type of complaint, allegations of • Incivility – allegations of rudeness. oppressive behaviour fell from around 50% of all allegations to 33% between • All other allegations. 2000 and 2007.

At the same time, allegations of failure in duty during the same period rose from about 25% to 38%. There may be a number of reasons for these changes. The PSNI has implemented many improvements in its training – many as a result of recommendations resulting from Police Ombudsman investigations. In particular, officers are now given much better conflict resolution training to help them deal with situations without resorting to force. This may have resulted in the falling numbers of oppressive behaviour allegations.

10 11 12 Police Ombudsman Investigation Officer

The Police Ombudsman’s Office has over 60 investigators; men and women who between them have a broad range of investigative experience. One of them explains what his job involves.

Put simply my job is to gather evidence to Occasionally, I will be involved in house- WHERE DO YOUR INVESTIGATORS show whether police officers have done to-house enquiries to identify witnesses, COME FROM? their jobs properly, or whether they have or working with our press office to issue Our investigators come from a variety of broken the law or breached their Code media appeals for witnesses. backgrounds. Some are ex-police officers, of Ethics. some are temporarily seconded from A wide range of services and techniques police forces in England and Wales. When I am allocated a case to investigate, are available to help us piece together the Others are from a legal background, or I will look first at relevant legislation as circumstances of incidents - computer were recruited on the basis of having well as the police service’s general orders reconstructions, video and photo prior investigative experience with bodies and Code of Ethics. enhancement technology, such as HM Customs and Revenue or telecommunications analysis and, the Ministry of Defence police. We have I will then consider what evidence I need if necessary, DNA analysis. a number of investigators with prior to prove whether or not the actions of the investigative experience overseas, for officer(s) involved in the case have broken At any one time, I can be investigating example with the Hong Kong police. the law or breached the Code of Ethics. anything up to 25 cases. A lot of work goes into maintaining case files, updating More recently, the Office has appointed A lot of my time is spent gathering this complainants and police officers about the graduates as trainee investigators. These evidence - interviewing witnesses, progress of their investigations, and trainees undertake an intensive course of analysing evidence such as police writing letters or reports about the job-based training - the university documentation, radio transmissions, findings of our investigations. Accredited Training Programme (ATP). closed circuit TV footage, and forensic and medical reports. We also have a rota, which means that The ATP was the first course of its type in about one week in six I will be on call to the UK. It was developed by the Police attend the scenes of “critical incidents” Ombudsman’s Office in conjunction with such as deaths at police stations or fatal Portsmouth University and leads to a traffic collisions involving the police. formal qualification in investigation.

We will have a team of investigators at the None of our investigators are currently scene of any of these incidents within an serving members of the PSNI. hour and a half in Belfast or three hours anywhere else in Northern Ireland – anytime day or night, all year round.

13 Investigative Techniques

In many ways investigations by the Police Ombudsman’s Office are similar to those undertaken by the police themselves. Police Ombudsman investigators use the same techniques to identify witnesses and gather evidence. They also have access to the full range of modern forensic and computerised investigative technology. Some of the key aspects of these investigations are described below.

Individual investigators will be allocated Intelligence officer – helps positively roles, including: identify police officers and members of the public involved in incidents, identifies Senior Investigating Officer – has overall the next of kin of any deceased persons, command of the investigation, assisted by and develops a timeline as the events of one or more Deputy Senior Investigating the incident become apparent. Officers. Undertakes any other intelligence tasks that might be necessary. Exhibits officer – is responsible for ensuring that all pieces of physical Family Liaison Officer – the FLO will evidence are properly bagged, recorded establish contact with the family of a and processed (documents, clothing, person who has died or suffered a very THE GOLDEN HOUR weapons etc). Will take especial care to serious injury. He or she will try to help The early stages of any investigation are avoid contamination of evidence. Will also them through what is obviously a very vital. Investigators refer to “the Golden decide which exhibits need to be sent to traumatic and worrying time. The FLO will Hour” – the period immediately after an forensic laboratories and in what order, explain to the family what has happened, incident when the potential for gathering and works closely with other people the role of the Police Ombudsman’s Office, evidence is at its greatest. including Scenes of Crimes Officers, and what to expect during the scientific experts and scene investigation. He or she might also put Eyewitnesses may still be in the area of photographers. them in touch with counsellors or other the incident scene, and other evidence is professionals who might be able to help less likely to have been disturbed by the Receiver and document reader – reads all them. weather or other factors. documents submitted to the MIR, checks that actions are completed and identifies SCENE PRESERVATION Up to 35 Police Ombudsman investigators follow-on actions that might result. One of the most important aspects of an have been involved in the immediate investigation is preserving the scene of an reaction to major incidents – such as a Action manager/indexer – raises and incident. This is done to protect the fatal shooting by a police officer, or a fatal prioritises new actions required by the evidence that the area contains – this road traffic collision involving police. investigation, logs actions raised and might be debris left after a crash, spent completed and ensures that no task is left gun cartridges, blood samples, footprints In these situations, the Police undone or duplicated. or items of clothing. It is important that Ombudsman’s Office will set up a Major nothing is moved into or taken out of the Incident Room (MIR) to co-ordinate the Search co-ordinator – ensures that search incident scene until it has been huge number of tasks which need to be scenes are identified and appropriate thoroughly examined. done to ensure all possible evidence is authority for searches is obtained, and gathered. An MIR provides a control that search teams are properly briefed and Police Ombudsman investigators have the centre and communications hub from co-ordinated. power to take control of incident scenes. which to co-ordinate the investigation They ensure that the scene is cordoned off, and allocate tasks to investigators on House-to-house enquiry co-ordinator – and that only people involved in gathering the ground. co-ordinates any house-to-house evidence - such as photographers, scenes enquiries that may be necessary. of crime officers and mappers – are allowed inside. Investigators will record details of the scene and package any

14 evidence they find in tamper-proof bags or The reconstruction used computer These can be very useful in piecing containers. A record will be kept of graphics to recreate the road layout, to together the circumstances of an incident. everyone and everything going into and show the position of the suspect vehicle They help Police Ombudsman out of the scene. and other nearby vehicles, and to investigators work out whether police did illustrate their position and movements at all they could, and whether they took the CCTV the exact point at which the officer fired. right decisions. There are many closed circuit television This was important in helping to (CCTV) cameras in Northern Ireland. CCTV demonstrate whether the officer was A.B.E. SUITE can be operated by the police or local justified in using his weapon, which Every investigation by the Police councils to help detect and prevent crime. depended on the threat posed to Ombudsman’s Office will involve taking a They are also used in and petrol members of the public or police officers statement from the complainant about the stations, shops and hospitals. Police by the suspect vehicle. situation they have complained about. Ombudsman investigators will always Witnesses to incidents will also be check if an incident they are investigating DNA ANALYSIS interviewed. We recognise that this can be has been recorded on CCTV. DNA analysis is a powerful forensic stressful for people who might not be technique which can help to identify used to being formally interviewed. It can RADIO TRANSMISSION TAPES whether people were at the scene of an be especially daunting for young or Radio communications between police incident. Like fingerprints, everybody’s vulnerable people. officers are recorded. Police Ombudsman DNA is different (in fact DNA analysis is investigators can get copies of these sometimes called genetic fingerprinting). The Police Ombudsman’s Office has what tapes to help them get a better picture of DNA can be found in hair, skin cells, saliva is called an “Achieving Best Evidence what exactly happened during incidents and other material. DNA analysis can help Suite” which is used for such interviews. they are investigating. prove or disprove whether somebody was This allows us to interview young or where they said they were, or were doing vulnerable witnesses in comfortable COMPUTER RECONSTRUCTIONS what they said they were doing. surroundings, while being recorded, with Computer reconstructions are an the interviewee’s consent, on video and extremely powerful way of illustrating a COMMAND AND CONTROL LOGS audio as evidence. sequence of events. They can help show These are computerised records kept where people were during those events, by the police of incidents they have the surroundings they found themselves responded to. The logs include times and in, as well as factors such as weather, details such as location, number lighting, speed etc. of people involved and so on. Actions taken by The Police Ombudsman has used forensic police in response to virtual reality specialists in a number situations are also of cases. In one case a computer recorded on the reconstruction was used to demonstrate logs. the movement of a suspect vehicle when a police officer fired a shot at it.

15 Improving Policing

The Police Ombudsman’s Office has an important role to play in helping to improve policing in Northern Ireland. The Police Ombudsman has made many recommendations to the police about ways in which their policies, procedures or training might be improved.

In some cases, these recommendations RECOMMENDATION: RECOMMENDATION: followed investigations which found that IDENTIFICATION MARKINGS ON SHOOTING AT MOTOR VEHICLES police policies or procedures were POLICE VEHICLES The Police Ombudsman recommended inappropriate or inadequate and were The Police Ombudsman recommended that police firearms training should be affecting the ability of the police to do that the PSNI should consider putting reviewed after finding that officers firing their job. identification markings on the roofs of at a suspect vehicle had placed police vehicles. This followed an themselves and members of the public In other cases the Police Ombudsman investigation into the discharge of three in danger. found that officers’ training had not baton rounds during serious rioting properly prepared them for the situations in Belfast. Police fired four shots at the tyres of a car they had to face. As a result the as it tried to escape from police in a Police Ombudsman has made various Video footage of the rioting captured by narrow terraced street in Belfast. The recommendations about ways in which an Army helicopter showed a police Land shots were aimed at the vehicle’s tyres training might be improved. Rover mounting a kerb and accelerating as it drove back and forward in a bid to towards a group of people. The Police escape, striking police and civilian The vast majority of the recommendations Ombudsman stated that the driver’s vehicles and at one point driving made by the Police Ombudsman have been actions had put lives at risk. towards an officer. accepted and implemented by the police. Despite submitting the footage for The Police Ombudsman’s investigation forensic enhancement, Police concluded that bullets were unlikely to Ombudsman investigators were unable to have punctured the car’s tyres and, even if identify the vehicle. The Police they had, this would have been unlikely to Ombudsman stated that if the driver of have prevented the officer being struck by the vehicle had been identified she would the car. In addition, given that the shots have recommended that he or she be posed many other dangers to officers and prosecuted for dangerous driving. local residents, she concluded that the use of live fire had not been justified.

The report recommended that police should review their firearms training, particularly instructions about crossfire, ricochet, firing at tyres and risk assessments.

It also recommended that police should ensure that stingers – spiked devices used to puncture tyres – were more readily available for use in such situations.

16 RECOMMENDATION: USE OF SEMI-AUTOMATIC WEAPONS DURING RIOTING After finding that a mob had almost succeeded in grabbing a semi-automatic weapon from a police officer during a riot in Belfast, the Police Ombudsman recommended that police should review their use of such weapons in riot situations.

The investigation found that police armed with semi-automatic weapons had been drafted in as emergency support when riot police came under serious attack by a crowd of 50 to 60 people.

At one point an officer was knocked unconscious and had his gun grabbed by rioters. While police managed to prevent rioters taking the gun, the weapon’s ammunition magazine became unlocked and fell to the ground. It was later recovered minus two rounds.

The Police Ombudsman recognised the difficulties in policing such situations, but pointed out the potentially serious consequences if the weapon had fallen into the hands of the rioters. She recommended that the police should review their policy for the deployment of semi-automatic weapons at such incidents and put in place an appropriate strategy for their use.

17 ‘The Troubles’

The Police Ombudsman has investigated many complaints relating to deaths during the conflict in Northern Ireland (more commonly referred to in Northern Ireland as ‘The Troubles’).

Normally, anyone wishing to make a Complaints have been made by all Quite often these complaints will reflect complaint about a police officer has 12 sections of local society who have lost concerns that police have not properly months from the incident in which to loved ones during the conflict – Protestant investigated cases or failed to prevent complain to the Police Ombudsman. families, Catholic families, and the murders in order to protect informants families of police and army personnel who (either from prosecution, or from being However, there is no time limit on lost their lives. identified as an informant). complaints about very serious matters. The law states that if a complaint is about These are obviously grave and The Police Ombudsman is also required to a grave or exceptional matter, and that exceptional matters and must therefore investigate all deaths during ‘The Troubles’ matter has not previously been be investigated. in which police officers may have been investigated or there is new evidence, involved. This is part of the wider then the Police Ombudsman must Some families are concerned that the Historic Cases Review of all deaths investigate it. police did not do all they could to catch during ‘The Troubles’, most of which is the killers. Others will be concerned that being undertaken by a police Historic police officers had themselves been Enquiries Team. involved in a murder, or had in some way allowed the murder to happen. The outcomes of some of these retrospective investigations can be found THE AFTERMATH OF THE REAL IRA BOMB ATTACK IN OMAGH, CO. TYRONE, ON AUGUST 15 1998. in the press section of our website THE SUBSEQUENT POLICE INVESTIGATION OF (www.policeombudsman.org). THE ATROCITY WAS THE SUBJECT OF A MAJOR POLICE OMBUDSMAN INVESTIGATION.

18 The Complaints Office

If you contact the Police Ombudsman’s Office to make a complaint, you will be put through to the Initial Complaints Office.

The Complaints Office has a staff of about We also receive complaints by fax, The office is staffed from 9-5 Monday to 15 people, whose job is to record details particularly from the police who send Friday, with an answerphone service of complaints and to make an initial through details of any complaints made available at weekends. decision as to how they should be dealt by members of the public at police with. Every complaint received by the stations. Police Ombudsman’s Office is processed through the Complaints Office. When a complainant contacts the Police Ombudsman’s Office, details of their Most complaints are received over the complaint will first be logged on a phone, but they also come in as emails, by computerised Case Management System. letter, and complainants can also call in person at our offices in Belfast. We will A Complaints Officer will then decide how usually see anyone who calls at our to deal with the complaint. It might be offices within four minutes of their arrival. sent for investigation or for informal resolution, the complaints officer might need to make further enquiries, or might decide that the Police Ombudsman has no powers to investigate the complaint (e.g. if it’s about the Army rather than the police).

19 Complaints Outcomes

There are a number of different ways in which complaints about police officers may be closed by the Police Ombudsman’s Office.

If there is evidence of police misconduct The process involves a senior police If the Chief Constable disagrees with the the Police Ombudsman may recommend officer speaking to both the complainant Police Ombudsman’s recommendation that an officer is disciplined or, for more and the officer, and trying to reach a way for a misconduct hearing the Police serious offences, prosecuted in a criminal of resolving the complaint. This might Ombudsman can insist that a disciplinary court (see below). If there is no or include: tribunal is held. insufficient evidence of police misconduct, a complaint will be closed as not- • the police officer or police service Officers brought before tribunals could substantiated. Some complaints are apologising potentially lose their jobs, be fined, withdrawn by complainants, others are • an explanation being given demoted or have promotion prospects closed because complainants fail to • steps being taken to prevent the put on hold. co-operate with the investigation. issue happening again • the officer might be advised how PROSECUTION A complaint may be closed as “outside to behave in future At the end of every investigation into remit” if the Police Ombudsman has no alleged criminal activity by a police officer, legal authority to investigate the issue If a resolution is not reached, or if the Police Ombudsman will send a file raised. A small number are closed as the complainant decides informal of evidence to the Public Prosecution vexatious, which means that there is resolution is inappropriate, the informal Service (PPS). evidence to suggest they are not based on resolution will stop and the Police fact and made with the intention of Ombudsman will consider whether the The file will include a recommendation causing hurt or distress. case can be formally investigated. from the Police Ombudsman about This might also happen if more serious whether, based on the evidence of Less serious complaints may be referred issues come to light during the the case, any police officers should for informal resolution, which is described informal resolution. be prosecuted. below. DISCIPLINARY PROCEEDINGS The final decision, however, rests with the A list of all the closure categories, with If an investigation by the Police PPS, based on the evidence provided by statistics and example cases, is available Ombudsman’s Office produces evidence the Police Ombudsman’s Office. in the Complaints Outcomes section of our that an officer has committed a website (www.policeombudsman.org). disciplinary offence, the Police The PPS will only recommend the Ombudsman will recommend that prosecution of an officer or officers if it INFORMAL RESOLUTION the officer is disciplined. believes the evidence is strong enough for Informal resolution is a way of dealing there to be a reasonable prospect of the with less serious complaints quickly and Less serious offences are punished case against the officer(s) being proved without the need for a full investigation. through informal disciplinary action – “beyond reasonable doubt” in court. On average, between 10 and 15% of all either by “Advice and Guidance” or a complaints are informally resolved. “Superintendent’s Written Warning”.

The process is designed to help the In more serious cases, formal disciplinary complainant and the police officer reach proceedings will be initiated. This will an agreement about the best way to deal result in an officer being brought before with the complaint. It can only be used a court-type tribunal which will hear and with the agreement of the complainant. consider the evidence of the case.

20 RESEARCH AND ANALYSIS As well as investigating complaints, the Police Ombudsman’s Office undertakes a broad range of research.

The aim of this research is to identify problems and possible ways of improving policing in Northern Ireland, while also identifying existing good practice.

It also provides management information to the Police Service and those who hold it to account.

Reports about the number and type of complaints received by the Police Ombudsman’s Office are supplied on a regular basis to police commanders, the Northern Ireland Policing Board and District Policing Partnerships. This gives them an opportunity to address issues giving rise to higher levels of complaints, or to establish why there are more complaints in some areas than others.

The Office also undertakes investigations to establish whether police policies and practices are working effectively. Examples of such investigations have included major research studies into: • the effectiveness of the informal resolution process • the use of handheld batons • the treatment of barristers and solicitors by police officers.

These investigations may involve public surveys, focus groups, and one-to-one interviews. They will often result in recommendations for improving policing. Copies of these reports are available in the publications section of our website.

The Office also surveys police officers and complainants about their satisfaction with the service provided by the Police Ombudsman’s Office. This work helps us to improve the services we provide.

In addition, we analyse equality monitoring questionnaires filled in by complainants to ensure that we are serving all sections of the local community.

21 Making a Complaint

Complaints to the Police Ombudsman can be made in a variety of different ways.

They can be made via the telephone, in writing, by e-mail, by fax, via our website, or simply by calling into our offices between 9am and 5pm, Monday to Friday (no appointment is necessary).

Phone: 0845 601 2931 Fax: 028 9082 8659 Minicom: 028 9082 8759 E-mail: [email protected] Website: www.policeombudsman.org Post: The Police Ombudsman for Northern Ireland New Cathedral Buildings St Anne’s Square 11 Church Street BELFAST BT1 1PG

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Additional copies of this and other publications are available from:

Information Directorate Police Ombudsman for Northern Ireland New Cathedral Buildings St. Anne’s Square 11 Church Street Belfast BT1 1PG

Tel: 028 9082 8600 Fax: 028 9082 8659 Minicom: 028 9082 8759 Witness Appeal Line: 0800 0327 880 Email: [email protected]

These publications and other information about the work of the Police Ombudsman for Northern Ireland are also available on the Internet at:

Website: www.policeombudsman.org