Jan 13, 2012
IPCC Commissioner Mike Franklin, who leads on Stop and Search for the IPCC said: “In March 2010 I wrote to Chief Constables outlining the IPCC’s position on Stop and Search.
"Police powers to stop and search individuals can have a significant impact on public confidence in policing. It is the IPCC’s role, as guardian of the police complaints system, to look at the impact stop and search has and make recommendations on how interactions and engagement between the police and members of the public can be improved in this challenging area.
“The IPCC recognises that police powers to stop and search individuals exist, officers will use them and indeed the majority of officers carry out their duties and exercise these powers in a considered and professional manner, in sometimes very difficult and demanding circumstances. However, this is not always the case and we believe the use of stop and search can be highly intrusive especially where it does not result in an arrest and no proper explanation or justification given it can significantly undermine the individual’s and wider community confidence in policing.
“We are committed to addressing issues raised by stop and search and believe when police use these powers they must do so in a way that is demonstrably fair, effective and carries public confidence.
“It is also essential to improve the dialogue between police, communities and individuals so there is a better understanding why stop and search powers are being used, and what efforts are being made to ensure they are fair, effective and have the confidence of the public.”
Note to editors: For media enquiries please contact the IPCC press office on 0207 166 3028
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.
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.