Police Misconduct - local resolution

Question/man | 16:35 Mon 04th Aug 2008 | Law

7 Answers

According to Police Act 1996 and Police Reform Act 2002 - a complaint against a Police officer which has been locally resolved cannot be used in future disclipanary, civil or criminal proceedings against that officer. Does anybody know of a case where a previous resolved complaint WAS used in a subsequent Misconduct Hearing ( as evidence of bad character ) and whether the hearing result was overturned due to the use f inadmissible evidence ?

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Worried Housemate

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Question/man

Question Author

Yes - in a perfect world no party would ever admit inadmissible evidence. And there would be no need for an appeals court system. And there would never be miscarriages of justice. BUT sometimes it does happen - just asking if anybody has any knowledge of it happening in this particular scenario.

Peeler

What's the background? It would help to give a reasoned answer.

Question/man

Question Author

Complaint made against officer. Suitable for informal resolution ( now called local resolution ) No admission of misonduct and no finding of same. Two years later, at misconduct hearing, this locally resolved complaint was introduced as evidence of a "pattern of misconduct".

Question/man

Question Author

Though to be honest - the background is immaterial as the wording seems clear - a locally resolved complaint cannot be used in ANY future proceedings ( unless of course the officer admitted some misconduct ) - So, the type of complaint, circumstances, background etc should not make a difference. Just wondering if anyone has knowledge of a locally resolved complaint being introduced at later proceedings and whether it was challenged etc and what effect it had on the outcome.

Peeler

Complaint made against officer. What for?
Suitable for informal resolution ( now called local resolution ) why?
No admission of misonduct and no finding of same. How do you know?
Two years later, at misconduct hearing, this locally resolved complaint was introduced as evidence of a "pattern of misconduct". in what context?
Background/Facts etc. are rarely immaterial.

Question/man

Question Author

I am not asking for advice on THIS complaint - I am asking if anybody is aware of any OTHER case where this regulation was breached.

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