Complaints Concerning Police Conduct (5:V): Difference between revisions
From Clicklaw Wikibooks
Complaints Concerning Police Conduct (5:V) (view source)
Revision as of 18:34, 15 August 2024
, 15 August→b) Step 2: Admissibility
| Line 60: | Line 60: | ||
Before investigating a complaint, the OPCC must first determine whether it is admissible (''Police Act'' section 82). A complaint is admissible if it is made '''within 12 months''' of the incident, is not frivolous or vexatious, and contains at least one allegation that, if proved, would constitute misconduct under section 77 of the ''Police Act''. Complainants will be contacted to tell them whether their complaint is admissible or not (''Police Act'', sections 83(1) and (2)). The OPCC’s determination of admissibility cannot be appealed. | Before investigating a complaint, the OPCC must first determine whether it is admissible (''Police Act'' section 82). A complaint is admissible if it is made '''within 12 months''' of the incident, is not frivolous or vexatious, and contains at least one allegation that, if proved, would constitute misconduct under section 77 of the ''Police Act''. Complainants will be contacted to tell them whether their complaint is admissible or not (''Police Act'', sections 83(1) and (2)). The OPCC’s determination of admissibility cannot be appealed. | ||
Once the OPCC determines a complaint is admissible, they will send a notice of admissibility to the complainant and to the chief constable of the department involved (''Police Act'' | Once the OPCC determines a complaint is admissible, they will send a notice of admissibility to the complainant and to the chief constable of the department involved (''Police Act'', section 83(2)). The chief constable must notify the member or former member of the complaint that has been made against them (''Police Act'', section 83(3)), appoint an investigator and, depending on the circumstances of the misconduct alleged, determine whether the matter is suitable for informal resolution. | ||
:'''NOTE:''' Complaints about a municipal police department’s policies or about the services it provides, rather than about a particular incident of misconduct, may still be admissible but should be submitted under a different process. Contact the OPCC directly about these complaints. | :'''NOTE:''' Complaints about a municipal police department’s policies or about the services it provides, rather than about a particular incident of misconduct, may still be admissible but should be submitted under a different process. Contact the OPCC directly about these complaints. | ||
