New police complaints system ‘will be fairer’
GUERNSEY’S new police complaints system will be fairer, more transparent and more proportionate, the detective inspector developing the system has said.
Head of professional standards Detective Inspector David McCaughrean, who has 35 years’ experience in law enforcement, with the last 10 in anti-corruption, has been in the island since June and has addressed deputies on the new complaints procedure in a number of special meetings set up by Home Affairs.
The changes come at the end of year when police believe they have faced a concerted campaign of complaints against individual officers and the force generally.
DI McCaughrean said currently the system only allowed complaints that constitute misconduct or gross misconduct.
‘I was brought in at the behest of the previous Chief Officer, Ruari Hardy, to bring in some expertise around professional standards and how to improve them, and professionalise the approach,' he said.
He said changes had already made the complaints regulations here closer to those employed in the UK.
‘It will take some of the best practice, but it will be centred around the community, so to use a phrase – it will be “Guernsified” as well.’
Until two months ago officers could be served with misconduct or gross misconduct notices before any investigation took place, even, for example, if there was evidence they were off island at the time of a reported incident.
Under new regulations investigators will be able to look at surrounding evidence when making initial decisions.
In the 2023 police annual report, there were 48 complaints against police officers, of which 28 resulted in no further action being taken.
DI McCaughrean also wanted to use the presentation to deputies bust the myth that complaints here were higher than in the UK.
‘The statistics here include border agencies, and economic crime. When you strip them out you find police complaints are no higher,’ he said.
Current regulations date back to 2008 and DI McCaughrean said the new procedure would be fairer for the complainant, as they would be assured an investigation had taken place.
‘And fair for the officers, so they’re being treated openly, but also fair for communities, so that the community know that there is a really open, transparent, robust system.’
Home Affairs president Rob Prow said changes to the law were overdue and were necessary to regain public trust and would allow islanders to submit complaints on procedural matters rather than against individual officers.
‘The law at the moment is frankly not working and takes everyone down a very restrictive route.
‘If it is a service provision issue, for example a member of the public feels police were slow to respond, rather than a misconduct one, it is difficult to deal with.’
He said a consultation would soon be opened with the general public and they would be contacting islanders who had been through the complaints process in the past for their feedback.
‘We’ve made a commitment that we will complete the review before the end of this term,’ he said.
‘If there’s major legislative change needed, we can do that in a policy letter for States members to consider.’
