Philip Davies – 2016 Parliamentary Question to the Home Office
The below Parliamentary question was asked by Philip Davies on 2016-03-14.
To ask the Secretary of State for the Home Department, in what circumstances the Independent Police Complaints Commission can refer a case back to the police.
Mike Penning
Police forces are required to refer (i) all Death and Serious Injury (DSI) matters and (ii) complaints and conduct matters that meet certain criteria, as set out in regulations, to the Independent Police Complaints Commission (IPCC). The IPCC assesses each referral on a case-by-case basis, by considering the seriousness of the matter and any relevant public interest factors. The IPCC may decide that an investigation is not required, in which case the matter will be referred back to the police force to decide what action to take. Alternatively, if the IPCC decides that the matter requires investigation, the IPCC must make a determination to undertake an independent investigation, an investigation under the supervision or management of the IPCC, or can refer back to the police force to investigate.
In 2013 the Home Secretary announced a commitment to transfer resources to the IPCC to enable it to expand to undertake all serious and sensitive matters involving the police. The IPCC is currently undertaking a change programme to deliver this expansion. In 2013/14 the IPCC commenced 109 independent investigations whilst 241 were opened in 2014/15. The IPCC is on course to meet its target of delivering between 400 and 700 independent investigations in 2015/16.
Reforms in the Policing and Crime Bill will build on this, enhancing the overall level of independence across IPCC investigations by removing managed and supervised investigations. Where the IPCC decides not to refer a matter back to the police force for investigation, it must undertake an independent investigation unless it considers that a directed investigation, a new form of investigation established by the Bill, is more appropriate.
Information on how many cases referred to the IPCC have been referred back to the police for investigation is available on the IPCC’s website for the majority of the last six years (link: http://www.ipcc.gov.uk/page/archive-corporate-reports-and-plans). I will ask the IPCC to write to the Honourable Member, providing fuller information, and will ask for this response to be made available in the House Library.
