An act of parliament that provides the core framework of police powers to combat crime and provide codes of practice for the exercise of these powers.
Leads and manages the development of the police service in England, Wales and Northern Ireland.
The body that represents the interests of all police constables, sergeants, and inspectors.
Department within a police force that deals with complaints and conduct matters.
The average is calculated using the individual results of the forces in that most similar force group.
An investigation carried out by IPCC staff.
Carried out by the police under their own direction and control. The IPCC sets the terms of reference and receives the investigation report when it is complete. Complainants have a right of appeal following a supervised investigation (unless it is an investigation into a direction and control matter).
This act sets out how the police complaints system operates.
How a police force is run, for example policing standards or policing policy.
An investigation carried out by the police under the direction and control of the IPCC.
An intelligence-led agency with law enforcement powers, it is also responsible for reducing the harm that is caused to people and communities by serious organised crime.

The appropriate authority can be:

  • the chief officer of the police force
  • the Police and Crime Commissioner responsible for the police force you complained about
  • the Mayor's Office for Policing and Crime (if your complaint is about the Commissioner of the Metropolitan Police Service)
  • the Common Council for the City of London (if your complaint is about the Commissioner of the City of London police).
Investigations carried out entirely by the police. Complainants have a right of appeal following a local investigation (unless it is an investigation into a direction and control matter).
A person is adversely affected is he or she suffers any form of loss or damage, distress or inconvenience, if he or she is put in danger or is otherwise unduly put at risk of being adversely affected.
IPCC guidance to the police service and police authorities on the handling of complaints.
Parameters within which an investigation is conducted.
This could be the Police and Crime Commissioner, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.
A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and explanation, an apology, or a meeting between the complainant and the officer complained about.
Consists of a chair, two deputy chairs, and commissioners – each responsible for specific police forces, guardianship work and individual cases.
Disapplication means that a police force may handle a complaint in whatever manner it thinks fit, including not dealing with it under complaints legislation. This may only take place in certain limited circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
Used to house anyone who has been detained.
Complainants have the right to appeal to the IPCC if a police force did not record their complaint or notify the correct police force if it was made originally to the wrong force.
The purpose of an investigation is to establish the facts behind a complaint, conduct matter, or DSI matter; and reach conclusions. An investigator looks into a complaint and produces a report that details the outcome of each allegation. There are four types of investigation: local investigation, supervised investigation, managed investigation and independent investigation.
A person who makes a complaint about the conduct of someone serving with the police.
The type of behaviour being complained about. A single complaint case can have one or many allegations attached.
An independent judicial officer, the coroner enquires into deaths reported to him/her.
A record is made of a complaint, giving it formal status as a complaint under the Police Reform Act 2002.
No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).
Casework involves assessing appeals. Casework staff also have a role in overseeing the police complaints system to help ensure police forces handle complaints in the best possible way.
The IPCC must be notified about specific types of complaint or incidents to be able to decide how they should be dealt with.
Conduct includes acts, omissions, statements and decisions (whether actual, alleged or inferred). For example: language used and the manner or tone of communications.
An application by a complainant for a police decision to be reviewed.

IPCC publishes report into Nottinghamshire Police disclosure in environmental protestors case

Apr 4, 2012

The Independent Police Complaints Commission (IPCC) is today publishing its report following an independent investigation into the alleged failure by Nottinghamshire Police to disclose relevant material to the Crown Prosecution Service (CPS) prior to the collapse of a trial of six environmental protestors.

 

Six protestors had allegedly conspired to disable Ratcliffe-on-Soar power station in Nottinghamshire and a trial had been due to start at Nottingham Crown Court in January last year.

The IPCC has found there were collective failings by a number of relevant parties to ensure proper disclosure in this case but that the actions of individual police officers and members of police staff did not amount to misconduct. Whilst it would appear that, on the balance of probabilities, the CPS lawyer in charge did have knowledge of the evidential products generated by an undercover police officer, there was a failing by the police officers and police staff members involved to disclose them appropriately on relevant schedules.

 

The IPCC’s specific remit was to examine the actions of Nottinghamshire Police officers in terms of their duty to disclose relevant information to the CPS in this case.

IPCC Commissioner, Len Jackson, said: “Our investigation has shown that the sharing and recording of sensitive information, initially between the various officers involved and then with the CPS, was not well handled. In particular, where the use of an undercover officer has been authorised, the police need to be meticulous in their handling and dissemination of any evidential material and in ensuring that liaison with the CPS is well documented. Whilst there were some weaknesses in the manner in which Nottinghamshire police officers and staff carried out their disclosure duties in this case it is our view that none of their actions amount to misconduct.

“We believe there is some learning from this case on all sides and we have discussed our report with Nottinghamshire Police and with ACPO.  We note the recent findings of Sir Christopher Rose’s report into the CPS handling of the case; that there were individual failings but no deliberate or dishonest withholding of information. I endorse the DPP’s desire to see a memorandum of understanding between the police and CPS to guide their liaison in any such future cases.”

The IPCC investigation centred on the police handling of a statement from an undercover police officer and a transcript from an audio recording device used by the  officer during Operation Aeroscope - the police operation targeting planned criminality at the power station. Responsibility for initially disclosing sensitive material produced by the undercover officer and expertise in its evidential use lay with the National Public Order Intelligence Unit (NPOIU). The investigation found no evidence of a thorough explanation by NPOIU officers as part of its process of handing over the transcript to Nottinghamshire Police.

Nottinghamshire Police officers have stated that they met with the lead CPS lawyer in May 2009 and provided him with the transcript and that this document was further discussed with the same lawyer in September of that year. A number of Nottinghamshire Police officers and a force civilian investigator state that they discussed the evidential products with the lead CPS lawyer at various points throughout the investigation. Whilst none of the officers adequately recorded the details of any of these meetings the IPCC investigation found, on the balance of probabilities, that the lead CPS lawyer had, at the very least, been told about the products generated by the undercover officer and had been given opportunities to read the relevant documents prior to January 2011.

A civilian investigator with Nottinghamshire Police was inadequately skilled in dealing with sensitive information and intelligence within covert investigations and, as a result of making an incorrect assumption about the transcript failed to record it appropriately on the relevant disclosure schedule. The lead CPS lawyer accepts signing off disclosure schedules in the case without having read them.

 

-ENDS-

 

Notes to Editors

 

The full IPCC independent investigation report ‘Ratcliffe-on-Soar’ Power Station (Operation Aeroscope) Disclosure is published on the IPCC website here

For media enquiries please contact the IPCC press office on 0207-166-3239

An act of parliament that provides the core framework of police powers to combat crime and provide codes of practice for the exercise of these powers.
Leads and manages the development of the police service in England, Wales and Northern Ireland.
The body that represents the interests of all police constables, sergeants, and inspectors.
Department within a police force that deals with complaints and conduct matters.
The average is calculated using the individual results of the forces in that most similar force group.
An investigation carried out by IPCC staff.
Carried out by the police under their own direction and control. The IPCC sets the terms of reference and receives the investigation report when it is complete. Complainants have a right of appeal following a supervised investigation (unless it is an investigation into a direction and control matter).
This act sets out how the police complaints system operates.
How a police force is run, for example policing standards or policing policy.
An investigation carried out by the police under the direction and control of the IPCC.
An intelligence-led agency with law enforcement powers, it is also responsible for reducing the harm that is caused to people and communities by serious organised crime.

The appropriate authority can be:

  • the chief officer of the police force
  • the Police and Crime Commissioner responsible for the police force you complained about
  • the Mayor's Office for Policing and Crime (if your complaint is about the Commissioner of the Metropolitan Police Service)
  • the Common Council for the City of London (if your complaint is about the Commissioner of the City of London police).
Investigations carried out entirely by the police. Complainants have a right of appeal following a local investigation (unless it is an investigation into a direction and control matter).
A person is adversely affected is he or she suffers any form of loss or damage, distress or inconvenience, if he or she is put in danger or is otherwise unduly put at risk of being adversely affected.
IPCC guidance to the police service and police authorities on the handling of complaints.
Parameters within which an investigation is conducted.
This could be the Police and Crime Commissioner, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.
A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and explanation, an apology, or a meeting between the complainant and the officer complained about.
Consists of a chair, two deputy chairs, and commissioners – each responsible for specific police forces, guardianship work and individual cases.
Disapplication means that a police force may handle a complaint in whatever manner it thinks fit, including not dealing with it under complaints legislation. This may only take place in certain limited circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
Used to house anyone who has been detained.
Complainants have the right to appeal to the IPCC if a police force did not record their complaint or notify the correct police force if it was made originally to the wrong force.
The purpose of an investigation is to establish the facts behind a complaint, conduct matter, or DSI matter; and reach conclusions. An investigator looks into a complaint and produces a report that details the outcome of each allegation. There are four types of investigation: local investigation, supervised investigation, managed investigation and independent investigation.
A person who makes a complaint about the conduct of someone serving with the police.
The type of behaviour being complained about. A single complaint case can have one or many allegations attached.
An independent judicial officer, the coroner enquires into deaths reported to him/her.
A record is made of a complaint, giving it formal status as a complaint under the Police Reform Act 2002.
No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).
Casework involves assessing appeals. Casework staff also have a role in overseeing the police complaints system to help ensure police forces handle complaints in the best possible way.
The IPCC must be notified about specific types of complaint or incidents to be able to decide how they should be dealt with.
Conduct includes acts, omissions, statements and decisions (whether actual, alleged or inferred). For example: language used and the manner or tone of communications.
An application by a complainant for a police decision to be reviewed.

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