TNAG-2156-FCO40-3076-International-Covenant-on-Civil-and-Political-Rights-(ICCPR)-1990 — Page 50

CCPR/C/58/Add.6 page 18

79. Complaints are investigated by an officer appointed by the Governor, who must be senior in rank to the member of staff against whom the allegation has been made, and who should not, so far as possible, be responsible for the direct management of the officer or for the area of the establishment where the incident occurred. Where there is prima facie evidence of a criminal offence, the Governor, after consulting with headquarters, will call upon the police to investigate. (If the allegation is against a senior member of the prison staff, such as the Governor or his deputy, the complaint is submitted in England and Wales to the Regional Director, and in Scotland to the Director of the Scottish Prison Service, who will arrange for it to be investigated.) When the investigation has been completed, a report of the findings is placed before the Governor who, on the basis of the evidence before him, may decide to take disciplinary action against the member(s) of staff involved. Where the police have investigated a case, any decision to prosecute is taken by the Crown Prosecution Service or, in Scotland, by the Procurator Fiscal.

80. In Northern Ireland, a full review of prison rules and standing orders is planned during which the changes in the rest of the United Kingdom will be considered and incorporated as appropriate.

Police disciplinary procedures

England and Wales

81.

The initial report set out the internal disciplinary procedures to which the police were at that time subject. The procedures for England and Wales were revised in 1985 under the terms of the Police and Criminal Evidence Act 1984, and a new police discipline code was introduced as set out in schedule 1 to the Police (Discipline) Regulations 1985. Under the code, it is an offence for a police officer to treat any person with whom he may be brought into contact in the execution of his duty in an oppressive manner: this offence covers any instance where an officer without good and sufficient cause conducts a search, or requires a person to submit to any test or procedure, or uses any unnecessary violence towards any prisoner or any other person, or improperly threatens any such person with violence.

82.

The essential difference between the previous procedures and the procedures which came into force under the Act is the role played by the Independent Police Complaints Authority, which comprises 1 chairman,

2 deputy chairmen and 11 members. No specific qualifications are required for membership: the only stipulation, under the Police and Criminal Evidence Act 1984, is that no person who has been a police officer may be a member. The chairman is appointed by the Sovereign while the members and deputy chairmen are appointed by the Home Secretary. These are full-time posts. Appointments are for a three-year term, with the possibility of reappointment at the end of that period. The members are supported by a permanent staff who prepare case papers and assist members in carrying out their functions.

83. The Police Complaints Authority succeeded, and is largely based on, the Police Complaints Board. The Board, whose members were appointed by the Prime Minister and also included no former or serving police officers, was established under the provisions of the Police Act 1976 and was abolished by the introduction of the Police and Criminal Evidence Act 1984. The main differences between the Board and the Authority lie in the powers which the Authority possesses to supervise the investigation of the most serious