Explanatory note

These regulations are made under Part VII of the Police (Northern Ireland) Act 1998 and provide procedures for a new police complaints system in Northern Ireland whereby there will be a Police Ombudsman who will have independent control of the police complaints system. The regulations provide procedures to ensure that the Ombudsman shall exercise his powers in such a manner to secure the efficiency, effectiveness and independence of the police complaints system; and the confidence of the public and of members of the police force in that system.

The Ombudsman will be the focal point for complaints about the police. All complaints, and not just those on police conduct, will be made through the Ombudsman in the first instance. Where, however, complaints are against policy or operational instructions, the Ombudsman will pass them to the Chief Constable or Police Authority for action. The Ombudsman will decide how complaints which relate to the conduct of officers should be handled. He will also have the power to intervene in non-complaints cases about police conduct if this is in the public interest. The Ombudsman will be required to investigate cases where it is alleged the conduct of a police officer caused death or serious injury.

He may investigate other complaints as he sees fit or may refer them to the police to investigate, possibly under supervision. The Ombudsman’s power to investigate includes examination of both criminal offences and possible disciplinary breaches. Reports on cases where a criminal offence may have been committed by a member of the police force will be sent to the Director of Public Prosecutions, with a recommendation by the Ombudsman. After any criminal aspects have been dealt with, the Ombudsman will then consider the disciplinary aspects of a case. He will make a recommendation to the Chief Constable (or Police Authority for Northern Ireland for a senior officer, above Superintendent). Where the Chief Constable is unwilling to bring disciplinary proceedings, the Ombudsman may direct such proceedings before a special tribunal and the Ombudsman shall present the case. The Ombudsman may also recommend a special tribunal in exceptional circumstances where the severity of the allegation or the public interest merits such a tribunal.

The Ombudsman will also produce an annual report, and such other reports as are requested by the Secretary of State. The Ombudsman’s office will also analyse trends in respect of complaints. For example the extent to which specific policing practices or policies, the use of certain types of equipment, etc, tend to increase the occasion for complaint, and to make recommendations on these issues.