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
