Making a complaint against the police
If you don’t think the police have done the right thing, you can make a complaint.
Who you make a complaint to will depend on whether you think the behaviour amounts to :
a breach of discipline (the least serious); or
an act of police misconduct; or
an act of official misconduct (the most serious).
You will make your complaint to a different organisation depending on how serious you think the police officer's wrongdoing was. There are also different results and penalties for a police officer who is guilty of a discipline breach, police misconduct or official misconduct.
It is a good idea to try and collect the names and contact details for anyone who witnessed the incident. You could also ask that they make a witness statement - there’s a useful guide for how to write a statement here.
Discipline breach, police misconduct or official misconduct?
Breaches of discipline are if an officer was biased, unethical or unprofessional.
Police misconduct is any behaviour (apart from official misconduct) that is disgraceful, improper or inappropriate by a police officer, or shows they are not fit to be a police officer. Basically, police misconduct has to be below the standard of conduct the community reasonably expects of a police officer. It can even cover off-duty behaviour.
Official misconduct is behaviour so serious as to be a criminal offence or enough to sack the official. It will not include a police officer who is rude or inefficient. A police officer might be guilty of official misconduct if they were:
Dishonest
Breached trust placed in them; or
Misused officially obtained information.
If you have been charged with an offence and want to make a complaint about the police, it is a good idea to get legal advice. Otherwise, you don’t need legal advice before writing a complaint.
To find more information about what to include in your complaint and who to send it to, check out the information here.