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The Police Complaints Commission supervised more investigations into officers’ conduct than ever before last year.
In 2023 the Commission supervised 19 complaint investigations, and were satisfied with the outcomes of 12, five are still being investigated, and the complaints were dropped in two cases.
This was up from 16 supervised investigations in 2022, its annual report shows.
The Commission supervises the most serious complaints; those which might constitute misconduct or gross misconduct, and those where it is in the public interest to do so.
“2023 was been a busy year for the Guernsey PCC,” said chairman Robert Jordan.
“The year saw the sentencing of a former Guernsey Police officer in the Royal Court for perverting the course of justice.
“The Commission oversaw the investigation of the matter following a referral in 2021.
“It’s worth noting the Judge’s comments, describing this case as ‘unusual and highly unique in the jurisdiction’ and the Commission is confident that the conduct of this one individual should not unreasonably tarnish the rest of the organisation."
The annual report said that confidentiality restricts the Commission in providing specific details of individual complaints or appeals .
“The Commission is of the view that to provide even brief summaries or detailed statistical data could potentially risk identifying the complainants, or the officers concerned.
“It is sufficient to say that the Commission is confident that local officers are not in the habit of abusing their powers, and that the organisation as a whole works hard to identify poor attitudes and conduct and this is often in the face of reducing resources and budgets which already placing significant pressure on staff.”
There was a big leap in the number of complaints referred to the PCC between 2021 and 2022, which at the time it said was down to an adjustment in how the police assess the complaints received.
It supervised three complaints in 2021, two in 2020, two in 2019, two in 2018 and two in 2017.
The PCC has argued since 2014 that changes were needed to the complaints legislation.
Now a decade on, Home Affairs has pledged to take a policy letter to the States before the end of this political term.
“The Commission has a unique insight into the police complaints process but is limited to considering complaints that relate to the ‘conduct’ of the officers,” said Mr Jordan.
“Over the years we have expressed support for a comprehensive review of the current process and of other roles and responsibilities that the Commission could have that may further inspire public confidence.
“We are pleased the Committee are now looking at this. It is a key pillar of a modern society that members of the public can bring attention to their concerns about the way that officers have acted.
“However, it must also be acknowledged that the process as it is now can be easily abused when individuals make multiple complaints or pursue complaints in an unreasonable way.”
Home Affairs President Rob Prow said that the work the PCC does for the community is very valuable.
“They provide entirely independent oversight on conduct investigations and monitor the way complaint investigations are carried out – an important check and balance for the police.
“That said, it is reassuring that the Commission has found most officers investigated act with integrity and respect. The Commission also rightly raise that the law around Police Complaints does need review, and the Committee are committed to undertaking that work.”
Complaints must be made in person or in writing and for the most part complaints about the police will be received and processed by the Professional Standards & Counter Corruption Department (PSCCD or PSD).
The PSCCD is an independent department within Guernsey Police, with dedicated staff tasked to deal with complaints made against police officers.
For most organisations, complaints about the conduct of staff would go to their line manager, and this is generally the same when dealing with complaints about the police. The Police Complaints (Guernsey) Law, 2008 (“the Law”) requires that complaints about the conduct of officers are made to the ‘appropriate authority’.
The role of the appropriate authority is defined under the Law, as follows:
In the case of a complaint about the conduct of a member of the Force, below the rank of Superintendent, the appropriate authority is the Chief Officer of Police (COP), or a person of suitable rank will act under delegated authority.
For complaints against the conduct of senior officers, that is any rank of officer above the rank of Superintendent, the role of appropriate authority sits with the Home Affairs committee.
When a complaint about an officer’s conduct is received it must be registered and a decision made as to how the complaint will be dealt with. The appropriate authority is required to keep a register of all the complaints received and it must record the nature of the complaint, the steps taken to deal with the complaint, any formal action taken, and any learning identified for the officers concerned or the organisation as a whole.
The Commission has access to these registers so that it can monitor progress and oversee the handling of all the complaints made concerning the conduct of officers.
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