Public confidence in overall policing arrangements in countries with strongly
independent scrutiny of the police is generally high23.
3.1 External review with a degree of civilian oversight
In terms of the review of the forty-seven states, it was evident that there were
five main types of policing oversight mechanisms in place. These included
internal police, public prosecutor, ombudsman, citizen oversight, and ministry
for justice. Of the systems set out in the table, those, which include external
review with some civilian elements, may be viewed in three main categories as
follows24:
1.
Civilian review model: investigation, adjudication and recommendation
of punishment;
2.
Civilian input: the recording and investigation of complaints; and
3.
Civilian monitor: oversight of police complaints administration.
According to Prenzler and Ronken (2001) the idea of citizen oversight bodies
with a range of functions, that includes inspections of police services to an
investigation of complaints has been a reality in English speaking states since
the late 1950s.
Civilian monitor
The least intrusive model (from the police perspective) is that which involves
civilian monitoring only (type 3). Typically, these systems involve civilian
oversight of police-led recording, investigation and adjudication of
complaints, mostly of a minor nature. For example, the IPCC in England and
Wales oversees and sets the investigative standards for the overwhelming
majority of complaints made against the police. Although IPCC staff
investigate more serious complaints, in most cases police officers conduct the
investigations, monitored by the IPCC. A degree of independence in these
cases may be achieved by appointing police investigators drawn from outside
the force area in which the complaint arose. There are 43 geographical police
forces in England and Wales that are autonomous as regards their
administration and operations. Therefore, it has been argued that using
investigators from different police forces provides robust and independent
investigating authority and which conducted the investigation in the present case, requested the . . . Police
Department to carry out an inquiry with the aim of identifying those who had allegedly ill-treated the applicant. As
such, the investigating authority delegated a major and essential part of the investigation – identification of the
perpetrators of the alleged ill-treatment – to the same authority whose agents had allegedly committed the offence.’
23
UNODC Handbook on police accountability, oversight and integrity. United Nations, New York 2011
24
Smith, Graham (2004), Rethinking Police Complaints; British Journal of Criminology, 44, pp. 15-
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