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Changes to Guernsey's Police Complaints Procedure will ensure it is fit for purpose, meets professional standards, and is understood and accepted by the public, says the man tasked with leading the work.
DI Dave McCaughrean has been in the police for more than 35 years and is due to receive his King's Police Medal for 'distinguished service'.
Over the last decade he has worked across professional standards, anti corruption, and vetting and now he has been appointed to lead a review of Guernsey's police complaints procedure.
Home affairs launched the overhaul last year, after increased public scrutiny.
One of the main issues raised has been the way Guernsey Police publicises complaints figures, and how they compares to nearby jurisdictions.
Complaints in Guernsey have essentially been mixed up all into one, meaning complaints against police officers for misconduct or gross misconduct are levied with the same weighting as procedural complaints. DI McCaughrean says that isn't the correct way to manage complaints.
“A member of the public could call and say, the police took two days to get to my burglary I'd like to complain about it, actually, the complaint law talks about, well, that's not conduct," he explained.
“It's important that we differentiate conduct from a complaint, and the review will consider how complaints of conduct, direction, control and quality of service are dealt with.”
Similarly, Law Enforcement complaints have also been compiled with those for the Border Force and adjacent agencies. Both of these things differ from how the UK publicises data, “so it looks like an inflated figure on law enforcement,” said DI McCaughrean at a briefing for deputies and the media last week.
Pictured: DI Dave McCaughrean at the presentation to deputies and the media last week.
In parallel, all reports of Misconduct or Gross Misconduct immediately result in a delivery of such complaints to accused officers, whereas moving forward, an investigation would be started first, so data and evidence can be examined first before they are informed.
“It must be open, transparent and fair," said DI McCaughrean.
"Fair for the complainant, so that they get an outcome, whether it's one they want or not, but that it's been investigated. Fair for the officers, so they're being treated fairly and openly, as you would do if you're an employee, but also fair for communities, so that the community and the Bailiwick know that there is a really open, transparent, robust system that actually holds officers to account.”
The review of the entire complaints procedure is one that many in Guernsey felt was vital, but for varying reasons and whatever those individual reasons were, public trust and community engagement were high on the list of priorities.
“There'll be clear process maps, which we will publish against other jurisdictions," said DI McCaughrean. "So we are going to benchmark across other jurisdictions. So this will be a full process of consultation.
“Some members of the public here have a point that their complaints have not been dealt with as they should have done, because the law steers Professional Standards towards conduct and misconduct and gross misconduct.”
Overall, this means complaints made by members of the public will follow a more regulated timeline.
DI McCaughrean explained how it works in the UK, and how it could be for Guernsey residents moving forwards.
“Every 28 days, we give you an update as to where that investigation is. At the end of the investigation, you've got a report that tells you what's happened, and a detailed letter. You've got an opportunity to appeal to the PCC. If you're not happy with that, who will then look at it. It gives you that reassurance.”
Much of the presentation made it clear Guernsey Police want to “retain the trust of the Guernsey Public”, but when asked how local Law Enforcement could “regain” the trust of those who have lost it, communication and transparency were at the top of the list.
“Have your say, Guernsey! We'll mirror it back to you, so have your say but need to be proportionate," said DI McCaughrean.
“How can we regain trust? It's by demonstrating what we're doing, committing to it, showing our workings out, and then implementing it, and then seeking feedback once we've implemented it in three to six months, and inviting some of the key people who've spoken to us to say, this is what we've got come and have a look at it.”
The question brought about a response from Deputy Rob Prow, the President of Home Affairs.
“We've had to work under the constraints of the legislation we've got," he said. "The legislation has been in, for quite a long time. It's this committee, this term, that are going to review it. The process wasn't perfect before it needs review. We're doing it.”
The review promises to achieve this greater level of transparency and during the briefing it was announced that reports will be released online, so the public can get a view of what's going on, and how complaints have progressed.
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