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Police Misconduct, Complaints, and Public Regulation

Police Misconduct, Complaints, and Public Regulation

Name: Police Misconduct, Complaints, and Public Regulation
Brand: Oxford University Press
SKU: 9780199546183
Price: 2553.53 HKD
Availability: OutOfStock
Author: John Beggs; Hugh Davies
ISBN: 9780199546183

Edited by John Beggs · Hugh Davies

Oxford University Press July 2009

Specifications

ISBN-13: 9780199546183
Publisher: Oxford University Press
Publication: July 2009
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

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.

Readership: ll police officers and police staff with supervisory Any lawyer dealing with a case or dispute within the scope of this book would be well advised to have it to hand. Any lawyer dealing with a case or dispute within the scope f this book would be well advised to have it to hand. standards departments operatives; Human resources rofessionals; Performance and misconduct panels; Coroners; Lawyers involved in complaints, misconduct and performance cases; Academics

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

About the Author

John Beggs QC, Barrister, 3 Serjeants' Inn Chambers, and Hugh Davies, Barrister, 3 Raymond Buildings

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 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

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