36. The IPCB must be transparent in its operations and accountable. Each Police Ombudsman or Police Complaints Commissioner should be appointed by and answerable to a legislative assembly or a committee of elected representatives that does not have express responsibilities for the delivery of policing services.223 37. Sufficient public funds must be available to the IPCB to enable it to perform its investigative and oversight functions. IPCB investigators must be provided with the full range of police powers to enable them to conduct fair, independent and effective investigations. 38. The IPCB should be representative of a diverse population and make arrangements to consult all concerned in the police complaints system. These include complainants and their representatives, police services and representative staff associations, central and local government departments with policing responsibilities, prosecutors, community organisations and NGOs with an interest in policing. 39. The IPCB should respect police operational independence and support the head of police as the disciplinary authority for the police service. There should be adherence to a clear division of responsibility between the IPCB and the police with full co-operation from the police, which will help maintain high standards of conduct and improve police performance. 40. The IPCB should have responsibility for the investigation of complaints in which: ff Article 2 or 3 of the ECHR is engaged; or ff an issue of criminal or disciplinary culpability arises. In addition, the police may voluntarily refer complaints to the IPCB; the member of Government with responsibility for policing may require the IPCB to conduct an investigation into a policing matter where it is considered to be in the public interest to do so; or the IPCB may call in for investigation any policing matter where it is considered to be in the public interest to do so.224 41. The police should have responsibility for the investigation of complaints in which: ff Article 2 or 3 of the ECHR is not engaged; ff no issue of criminal or disciplinary culpability arises; or ff the IPCB refers responsibility for the handling of a complaint to the police. 223. See, for example, Khan v. UK (Application no. 35394/97), Judgment 27 June 2000, § 46. 224. See, for example, Acar v. Turkey (Application no. 26307/95), Judgment 8 April 2004, § 221. Appendices ► Page 91