18. Adherence to the rule of law applies to the police in the same way that
it applies to every member of the public. There may be no attempt to conceal,
excuse or justify the unlawful exercise of coercive or intrusive powers by a
police officer by reference to his or her lawful recourse to coercive and intrusive powers. Police ethics and adherence to professional standards serve to
ensure that the delivery of police services is of the highest quality. There can
be no police impunity for ill-treatment or misconduct.
19. As police powers have increased so too has the expectation that police
services will conform to principles of democracy, accountability and respect for
human rights; namely, as written in the Preamble to the United Nations Code of
Conduct for Law Enforcement Officials - ‘every law enforcement agency should be
representative of and responsive and accountable to the community as a whole’.
20. A network of administrative, political, legal and fiscal regulatory mechanisms operates in the interest of achieving a democratic, accountable and
human rights compliant police service. A fair and effective police complaints
system is an essential component of such a regulatory network, and statutory
IPCBs have been established in a number of jurisdictions around the globe in
recent years to oversee the administration of the complaints process.
4. The purpose and nature of a police complaints system
21. Policing services are closely associated with disputes between individuals
and groups of people and their resolution. Police practice is, therefore, liable to
error and misunderstanding. Reflective police practice, including a willingness
to address grievances and acknowledge mistakes at the earliest opportunity
and learn the lessons from complaints, enhances police effectiveness and
public trust and confidence in the police. A responsive and accountable police
service that is demonstrably willing to tackle public concerns will also be better
placed to secure public trust and confidence in its ability and commitment to
prevent crimes and abuses of power committed by police officers.
22. The principal purposes of a police complaints system are to:
ff address the grievances of complainants;
ff identify
police misconduct and, where appropriate, provide evidence
in support of
i. criminal proceedings,
ii. disciplinary proceedings, or
iii. other management measures;
Appendices ► Page 87
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