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Class Ins1 > STAFF MANAGEMENT 2: Police investigations of complaints and notifiable incidents > Flashcards

STAFF MANAGEMENT 2: Police investigations of complaints and notifiable incidents Flashcards

1
Q

Police investigations of complaints and notifiable incidents.

Independent Police Conduct Authority (IPCA) In relation to IPCA investigation categorisation the authority does what? (3)

A
  1. Categorises all complaints/notifiable incidents.
  2. Advises National Manager: Police Professional Conduct if evidence gained indicates the matter should be re-categorised and reaches agreement.
  3. May make a request for information to assist in categorising the matter.
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2
Q

Police investigations of complaints and notifiable incidents.

Investigation categorisation. What are the 4 categories of investigations used by the IPCA?

A
  1. Serious Complaints - IPCA may conduct own investigation.
  2. Serious/Significant - IPCA will actively oversee the Police investigation.
  3. Matters appropriate for conciliation - referred to Police
  4. Minor Matters - NFA by IPCA
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3
Q

Police investigations of complaints and notifiable incidents.

Action on complaints. When the Authority receives a complaint abut Police conduct, it may? (4)

A
  1. Independently investigate the complaint.
  2. Investigate where satisfied there are RG to investigate in the public interest, any notifiable incident.
  3. Oversee or review police investigations of complaints or notifiable incidents
  4. Take such action in respect of complaints, incidents or other matters allowed under the act.
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4
Q

Police investigations of complaints and notifiable incidents.

MoU with the IPCA:

What is the common sense approach to determining if a matter needs to be referred to the IPCA under the MOU? (1)

A
  1. If the incident or matter will cause a loss in trust and confidence in the New Zealand Police.
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5
Q

Police investigations of complaints and notifiable incidents.

MoU with the IPCA:

A common sense approach in determining if a matter should be referred to the Authority under the MoU is to consider if the incident or matter will cause loss in trust and confidence in the NZ Police. Outline 3 examples of this?

A
  1. Non injury pursuit that causes significant damage or is such significance or public interest that it places or is likely to place the Police reputation at risk.
  2. Cell block or other custody self harm attempt that does not result in serious injury, that is of such significance or public interest that it places or is likely to place the Police reputation at risk.
  3. Use of force that does not result in serious injury, that is of such significance or public interest that it places or is likely to place the Police reputation at risk.
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6
Q

Police investigations of complaints and notifiable incidents.

Initial action on receiving a complaint:

What are the 3 principles when receiving a police complaint from a complainant?

A

The complainant must -

  1. Be treated with with courtesy, compassion and respect.
  2. Have their complaint received and actioned quickly.
  3. Be advised of procedure for actioning complaint.
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7
Q

Police investigations of complaints and notifiable incidents.

Initial action on receiving a complaint.

If a matter is not a complaint but rather an expression of dissatisfaction, what should you do?

A

Make every effort, w/o delay, to resolve to the satisfaction of the inquirer by way of explanation.

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8
Q

Police investigations of complaints and notifiable incidents.

Initial action on receiving a complaint. If a complaint is made orally, what should you do?

A

Receiving Officer to summarise it in writing OR ask the complainant to do so AND Get the complainant to sign it ASA practicable.

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9
Q

Police investigations of complaints and notifiable incidents.

Initial action on receiving a complaint. If a person calls a Police station or Community policing centre, what should you do and what must you not do? (1 of each)

A

Do: -

Make every effort to speak to the complainant and record complaint in writing.

Don’t: -

Ask the complainant to return or call another day to deal with some other Police employee/section.

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10
Q

Police investigations of complaints and notifiable incidents.

Initial action on receiving a complaint.

What should happen if the employee subject to the complaint is the only person available at the Police station? (2)

A
  1. Record the complainant’s details.
  2. Promptly submit a brief report as to circumstances to your District PCM, DC or National Manager who will arrange an independent employee to take the complaint.
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11
Q

Police investigations of complaints and notifiable incidents.

Initial action on receiving a complaint.

What should you do if a complainant is unable or reluctant to call at a Police station to make a complaint? (1)

A

Advise complainant arrangements can be made for them to be interviewed elsewhere.

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12
Q

Police investigations of complaints and notifiable incidents.

Initial action on receiving a complaint.

What should you do if the complainant wishes their complaint to be received and recorded in the presence of a solicitor, friend or relative?

A

You must facilitate that request.

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13
Q

Police investigations of complaints and notifiable incidents.

Initial action on receiving a complaint.

  1. What initial actions should be done if a complaint is made on behalf of another person? (3)
  2. In the case where a solicitor makes a complaint on behalf of a client, what should you do? (1)
A
  1. See the actual complainant. Confirm the allegations. Confirm their wish for an investigation.
  2. Through the solicitor make arrangements for the clients interview.
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14
Q

Police investigations of complaints and notifiable incidents.

Initial action on receiving a complaint.

What should you do if a complaint is made by a person in Police custody? (2)

A
  1. Ensure questioning of the complainant relates solely to the allegations. UNLESS
  2. Compelling reasons exist to the contrary, you should allow the accused person’s representative to be present during the interview.
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15
Q

Police investigations of complaints and notifiable incidents.

Initial action on receiving a complaint.

  1. District must notify complaints to who?
  2. Districts must not notify who?
A
  1. National Manager: Police Professional Conduct at PNHQ.
  2. The Authority directly.
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16
Q

Police investigations of complaints and notifiable incidents.

Police employees receiving a complaint.

As a Police Employee, if you receive a complaint you must refer it asap to your supervisor. Your supervisor will then? (2)

A
  1. Issue appropriate instructions if the matter requires early attention.
  2. Refer the file to the District PPCM who will notify the National Manager: Police Professional Conduct.
17
Q

Police investigations of complaints and notifiable incidents. Notifying serious complaints made against any Police employee. Who should be notified immediately when a serious complaint is made against any police employee?

A

Commissioner.

18
Q

Police investigations of complaints and notifiable incidents.

Notifying serious complaints made against any Police employee.

What is a ‘serious complaint’ and list four examples of this?

A
  • Serious complaint: - a complaint or issue of such significant public interest it puts (or is likely to put) police reputation at risk.

Examples: -

  1. Complaints against police employee likely to generate significant media coverage.
  2. Complaints that would otherwise be considered not serious but involve employees at Inspector level or above (incl non-sworn managers at same level).
  3. Complaints against Police executive.
  4. Complaints of a sexual nature against ANY staff.
19
Q

Police investigations of complaints and notifiable incidents.

Notifying serious complaints made against any Police employee. How to notify:

Where a Serious complaint is received the employee receiving that information must take steps to ensure who is advised and when?

A

WHO

  • District: PCM and DC or National Manager.

WHEN

  • Immediately
20
Q

Police investigations of complaints and notifiable incidents.

Standards of investigation Investigations into complaints against police employees must adhere to good practice at all times, how must these investigations be conducted? (3)

A
  1. Impartially
  2. Timely
  3. Objective
21
Q

Police investigations of complaints and notifiable incidents.

Standards of investigation:

What are the key tasks for investigations into complaints against police employees? (8)

A
  1. Assess potential criminal liability.
  2. Assess potential liability of any person identified under the code of conduct.
  3. Document and Report on findings with clear conclusions/ recommendations.
  4. Consider SG’s Guidelines in terms of Prosecution Test and recommend whether or not to commence criminal proceedings.
  5. Any decisions re laying of charges be independently reviewed.
  6. Any recommendations re disciplinary processes to reviewed by Dist HRM or Snr HR adviser and PPCM.
  7. Independent investigators (from outside district) to report to DC or National Manager in the district/service centre where the incident occurred (unless when the line of command is changed by the Commissioner in writing).
  8. Investigators (from outside district) agreed terms of reference must be signed by DC or NM.
22
Q

Police investigations of complaints and notifiable incidents.

Standards of investigation Investigation updates: District Commanders must actively manage the investigations under notice to their command.

How often does the DC provide investigation updates to the National Manager: PCM?

A

Monthly

23
Q

Police investigations of complaints and notifiable incidents.

Standards of investigation Investigation updates:

For significant matters which are subject to the Commissioner’s Notification, how often does the District PCM update the National Manager: PPC?

A

Weekly

24
Q

Police investigations of complaints and notifiable incidents.

Standards of investigation. Investigation updates:

What must an investigation update consist of when providing an update to the National Manager: PPC? (4)

A
  1. Investigation status.
  2. Any significant development in the investigation.
  3. Expected timeline to complete.
  4. Outstanding tasks associated with the investigation.
25
Q

Police investigations of complaints and notifiable incidents.

Standards of investigation Escalation rules:

Where an investigation is not concluded within the specified time-frame OR the specified investigation updates are not provided in accordance with the investigation requirements, the matter must be escalated to who?

A

National Manager: PPC.

26
Q

Police investigations of complaints and notifiable incidents.

Standards of investigation. What standard must be applied to to all investigations into Police employees?

A

A good practice standard and in compliance with the Police manual.

27
Q

Police investigations of complaints and notifiable incidents.

Standards of investigation. Consultation during investigation:

  1. Who can consult with the IPCA on any Police proposal for action on a complaint before final reporting to IPCA - s20(3)?
  2. Where any Assistant Commissioner, DC, NM or investigator wishes to consult the IPCA in terms of 20(3) this must be done through who?
A
  1. Commissioner (only)
  2. Exception: NM: PPC

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