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Home Office

Answer

Tom Cox: To ask the Secretary of State for the Home Department (1) what the policy of police authorities in England and Wales is on suspending a police officer against whom serious allegations of misconduct have been made by a member of the public pending inquiries into the allegations; and if he will make a statement; [189100] (2) the policy is of police authorities in England and Wales when serious allegations of misconduct have been made against serving police officers by a member of the public as to whether such an officer is suspended from duty pending enquiries into the allegations that have been made; and if he will make a statement. [187608] Ms Blears: Under the terms of the Police Reform Act 2002, the chief officer of a force is solely responsible for recording complaints about all officers complained against, up to and including the rank of Chief Superintendent, including special constables, and all police staff. The police authority for the force is solely responsible for recording complaints against all officers above the rank of Chief Superintendent including the chief officer. Regulations 4 and 5 of the Police (Conduct) Regulations 2004 define the circumstances in which an officer may be suspended. The decision to suspend officers up to and including the rank of Chief Superintendent is taken by the chief officer of the force; for officers ranked higher than Chief Superintendent the decision lies with the police authority. Home Office guidance states that the decision to suspend should be taken only when the presence of an officer on duty may be detrimental to criminal or disciplinary investigations or proceedings, or when it is in the public interest to do so. This will normally apply only in cases where the complaint or allegation is of a serious nature likely to result in disciplinary or criminal conviction, and an officer is likely to be dismissed, required to resign or demoted. Where the decision to suspend is based on the necessity of maintaining public confidence, an officer must be informed in writing of the specific factors relevant to this decision. Suspensions are subject to review by the suspending authority at least monthly, to determine whether the conditions that required the suspension still apply. A police authority may also consult with Her Majesty's Inspectorate of Constabulary for professional advice on the suspension of a senior officer. A police authority must obtain approval from the Independent Police Complaints Commission (IPCC) before suspending a senior officer, except in urgent cases, where approval must be obtained within 24 hours of the suspension beginning.

Secondary information

Type

Written question

Reference

424 c1914-5W;424 c1911-2W; 189100;187608

Session

2003-04

Subjects

Complaints Disciplinary proceedings Misconduct Police

Link

View this Written question on www.publications.parliament.uk