Under the Police Complaints Authority Act, when a complaint is made, the person who receives it must record it in the prescribed manner and give the complainant a copy signed by himself and complainant. He must also furnish the complainant with a prescribed statement setting out the procedures to be followed in respect of the complaint.
All complaints made at a police station and at the authority must be forwarded to the Complaints Office of the Royal Barbados Police Force and the officer in charge of the Complaints Office must notify the commissioner of all complaints. That officer on receiving a complaint must take all reasonable steps to ensure that all available evidence is gathered.
Where a complaint does not involve an allegation that the conduct of a police officer resulted in death or serious injury, or is not deemed to be so grave as to require the supervision of the authority, or in the opinion of the commissioner would not justify a criminal charge, the commissioner may direct the officer in charge of the Complaints Office to resolve the complaint informally. Â
Where this is done, the resolution must be recorded, with the complainant and the officer concerned signifying their agreement in writing.
If the commissioner believes the informal resolution was obtained through a misunderstanding, a threat or other improper pressure, the authority or the commissioner may direct that the investigation be continued.
Complaints procedure
The formal procedure for resolution of complaints requires the officer in charge of the Complaints Office to cause an immediate investigation. He is also required to forward to the authority and to the commissioner a quarterly report during the course of the investigation.
After its completion, the officer must forward to the authority and the commissioner a final investigation report, also notifying the complainant and the police officer concerned.
If the authority believes the investigation was not conducted satisfactorily, it may mandate investigation or interviewing or re-interviewing of witnesses, with such being conducted by a police officer other than the original investigating officer. Â
The authority may also choose to notify the commissioner in writing that the investigation was not conducted satisfactorily.
The commissioner, after considering the final investigation report and any requests from the authority can exercise any of the following options:
• refer the matter to the Director of Public Prosecutions (DPP) where he is the of the opinion that a criminal offence justifying criminal prosecution has been committed;
• institute disciplinary proceedings in accordance with the appropriate enactment;
• direct that no action is warranted.
Power to examine
In the exercise of its power to directly investigate the authority may examine any relevant persons. In its investigation, the authority, its staff and proxies have the same powers and privileges as given by law to a police officer.
The authority may require the complaints officer or the police officer concerned to supply information, produce any document or thing or allow access by members of the authority or an investigator appointed by the authority to any premises.
When the authority completes a direct investigation, it must submit a report thereon to the commissioner. Where the report indicates that a criminal offence may have been committed, it shall submit a report to the DPP and shall give a copy of it to the commissioner. It may also make such recommendations as it thinks fit to the commissioner.
The authority also has power to review a complaint where a person aggrieved with the disposition of his complaint or with findings of the investigation applies in writing to the authority for a review of the complaint by the authority.
After the review of the complaint, if the authority is satisfied with the manner of disposition of the complaint or with the findings of the investigation, it shall submit a report in writing to that effect to the commissioner and shall also furnish the complainant and the police officer concerned with a copy.
If not satisfied, the authority may institute a hearing to inquire into the complaint or submit a report to the commissioner setting out its findings and recommendations in respect of the disposition of the complaint.
Where the commissioner chooses not to implement the recommendations, he shall submit a report to the authority and to the Governor General setting out his reasons therefor, together with his comments.
The Police Complaints Authority has been entrusted with significant power to monitor and supervise complaints and it can also opt to undertake direct investigations. However, ultimately it can only make recommendations to the commissioner, except in the case of a direct investigation where if the report indicates that a crime may have been committed it must send the report to the DPP.
• Cecil McCarthy is a Queen’s Counsel. Send your letters to:?Everyday Law, Nation House, Fontabelle, St Michael. Send your email to [email protected].
