Complaints against the police
Activists may come into hostile contact with the police. A police officer might abuse his or her authorised power and harass, intimidate or harm a protester. It is important that these incidents are recorded by activists as they occur. In some circumstances, a range of outcomes from making a complaint are possible. For example, a police officer can be charged and convicted of an offence if abuse takes place. Even if activists take the view that the complaints’ procedure is a waste of time, photographs or video of interactions may be important to the defence case if criminal charges are brought against individuals. If film is taken which shows both the police and activist in a bad light, it can be given to the activist's solicitor. The solicitor can then make a professional judgment to use the film or not to disclose it to anyone else.Actions against the police Actions against the police can take the form of trying to resolve the matter informally, making a complaint, criminal charges and civil actions.
The likely levels of complaint to be made about police officers at a protest are not serious enough to qualify for a complaint to the Police Integrity Commission. Other complaints (assault, not wearing nameplates, rude behaviour, etc) will be investigated by the police themselves. This may seem an unsatisfactory situation, but that is how complaints of this nature are currently handled in NSW.InformallyThe first option may be to take up the issue with the police officer concerned. Obviously this should only be done if you feel safe doing so. For example, if you are under arrest and the police officer is applying force to your wrist and causing you pain, it might be enough to assure the officer that you are not resisting but that he or she is hurting your wrist. The police officer may be caught up in the moment and not appreciating the amount of force being applied.
Similarly, if a police officer is not wearing a nameplate (as required by the Police Handbook), you may wish to raise this with the supervising officer. Making a complaintIf you want to make a formal complaint, the NSW Police Customer Assistance Unit (1800 622 571) on the NSW Police website advises people to make a complaint to the duty officer of the police station to which the police officer is attached. The duty officer would be the officer’s immediate supervising officer.
This can be effective because the officer can be addressed quickly about the issue concerned (eg, at the end of his or her shift). The supervising officer may also use the complaint as a way of focusing on a particular officer who has been the subject of complaints in the past.
Although this can be effective, some supervising officers may give you incomplete information and may and try to talk you out of taking the matter further.
If the talk with the supervising officer is unsatisfactory (or instead of that, if you have not contacted the supervising officer) you can contact the NSW Police Customer Assistance Unit 1800 622 571 and make a formal complaint. However, it is strongly advised that any such complaint be made in writing as well. A written record is important as the complaint might take many months to resolve and details can be forgotten. It is also proof that the complaint has been made.
More information about making a complaint and this stage of the complaints process can be found at the how do I complain about a police officer? page on the police website.It is possible to make a complaint online (follow the prompts).
NSW Ombudsman
The police have no public targets for responding to complaints. Months may go pass. If you are unhappy with the way that NSW Police has responded to your complaint (including a failure to acknowledge the complaint), you can make a complaint to the NSW Ombudsman at nswombo@ombo.nsw.gov.au The police division of the NSW Ombudsman works exclusively with NSW Police. More information about the Ombudsman can be found at the Ombudsman‘s website.
If you are unhappy with the Ombudsman’s decision, you can ask the Ombudsman to review the decision.
If you are still not satisfied, you may write to your Member of Parliament.Federal PoliceTo make a complaint about the actions of a federal police officer, you should follow the same process specified in making a complaint about a state officer, but lodge the complaint with the Commonwealth Ombudsman.
A frequent complaint with police at protests is that they refuse to wear the identification nameplates. This is a breach of federal law when done by Federal Police officers (s64A Australian Federal Police Act 1979 (CTH))
In practice There are drawbacks to making a complaint and you may wish to consider this before doing so. The process can be seen as unsatisfactory, as the types of complaints normally made against police officers resulting from activist-police interaction are such that the police investigate themselves.
After receiving written complaints, NSW police sometimes send a senior officer to a person’s home to ‘discuss’ the complaint. Clearly, this can be intimidating. It might be an idea, if you definitely don’t want a police officer to visit your home, for you to say that you don’t want police officers to visit you in the letter of complaint. You can also sugget an alternative venue.It is the experience of some people who have made a complaint against the police to be invited to a series of meetings. A drawback with meeting the police is that any notes taken by them can be kept secret, and they are not obliged to give you a copy. You can, of course, take your own notes at the meeting.
The process can also take a long time, taking many months to complete.
During the APEC protests in 2007, over two hundred police officers breached provisions in the Police Manual which requires them to wear identification badges. The Commissioner of Police referred the matter to Police Professional Standards (a police department) who decided to take no action against individual officers. Police officers also threatened to arrest people (without lawful authority) for taking photos of them while aggressively arresting people. Despite these and similar incidents being widely televised, the Ombudsman has made no public comments about this conduct.
At the Newcastle Climate Camp protests in July 2008, many police officers refused to wear identification badges. A complaint was made to the Ombudsman, who referred the matter to police. After four months (in November 2008) the police replied with a standard letter saying that it had reminded all officers of their obligations and would take no further action. A subsequent referral to the Ombudsman's Office led to the Ombudsman endorsing the police decision. Suing the police for compensationSuing the police for large amounts of money is a way of getting compensation for things like unlawfully inflicted physical injuries, but it is also a way of putting pressure on the police to ensure officers comply with the law.
You can sue the police yourself, but this is likely to be beyond the legal skill of most activists. Legal practitioners will help but may charge fees which involve up-front payments. Legal Aid or Community Legal Centres may be able to assist.
Given the expense of taking someone to court, it is likely that any legal advice you receive will be that it is only worthwhile if the injuries are significant, such as a broken arm or where there is good evidence that the police have wrongly arrested you out of spite. Examples of where civil actions against the police have been successful (in protest and non-protest situations) include the following:
Lawyer wins $145,000 for ‘spiteful’ arrest by Natasha Wallace Sydney Morning Herald 25 October 2005.
Police censured for violent arrests by Michael Pelly The Australian 26 December 2005.
Police outstayed welcome: court by Tim Dick Sydney Morning Herald 13 June 2008.
Activist Padraic 'Paddy' Gibson lands payout after APEC arrest by Edmund Tadros The Australian 9 March 2009.
view original at the url below
http://www.activistrightsmanual.com/complaints-against-the-police.html
The likely levels of complaint to be made about police officers at a protest are not serious enough to qualify for a complaint to the Police Integrity Commission. Other complaints (assault, not wearing nameplates, rude behaviour, etc) will be investigated by the police themselves. This may seem an unsatisfactory situation, but that is how complaints of this nature are currently handled in NSW.InformallyThe first option may be to take up the issue with the police officer concerned. Obviously this should only be done if you feel safe doing so. For example, if you are under arrest and the police officer is applying force to your wrist and causing you pain, it might be enough to assure the officer that you are not resisting but that he or she is hurting your wrist. The police officer may be caught up in the moment and not appreciating the amount of force being applied.
Similarly, if a police officer is not wearing a nameplate (as required by the Police Handbook), you may wish to raise this with the supervising officer. Making a complaintIf you want to make a formal complaint, the NSW Police Customer Assistance Unit (1800 622 571) on the NSW Police website advises people to make a complaint to the duty officer of the police station to which the police officer is attached. The duty officer would be the officer’s immediate supervising officer.
This can be effective because the officer can be addressed quickly about the issue concerned (eg, at the end of his or her shift). The supervising officer may also use the complaint as a way of focusing on a particular officer who has been the subject of complaints in the past.
Although this can be effective, some supervising officers may give you incomplete information and may and try to talk you out of taking the matter further.
If the talk with the supervising officer is unsatisfactory (or instead of that, if you have not contacted the supervising officer) you can contact the NSW Police Customer Assistance Unit 1800 622 571 and make a formal complaint. However, it is strongly advised that any such complaint be made in writing as well. A written record is important as the complaint might take many months to resolve and details can be forgotten. It is also proof that the complaint has been made.
More information about making a complaint and this stage of the complaints process can be found at the how do I complain about a police officer? page on the police website.It is possible to make a complaint online (follow the prompts).
NSW Ombudsman
The police have no public targets for responding to complaints. Months may go pass. If you are unhappy with the way that NSW Police has responded to your complaint (including a failure to acknowledge the complaint), you can make a complaint to the NSW Ombudsman at nswombo@ombo.nsw.gov.au The police division of the NSW Ombudsman works exclusively with NSW Police. More information about the Ombudsman can be found at the Ombudsman‘s website.
If you are unhappy with the Ombudsman’s decision, you can ask the Ombudsman to review the decision.
If you are still not satisfied, you may write to your Member of Parliament.Federal PoliceTo make a complaint about the actions of a federal police officer, you should follow the same process specified in making a complaint about a state officer, but lodge the complaint with the Commonwealth Ombudsman.
A frequent complaint with police at protests is that they refuse to wear the identification nameplates. This is a breach of federal law when done by Federal Police officers (s64A Australian Federal Police Act 1979 (CTH))
In practice There are drawbacks to making a complaint and you may wish to consider this before doing so. The process can be seen as unsatisfactory, as the types of complaints normally made against police officers resulting from activist-police interaction are such that the police investigate themselves.
After receiving written complaints, NSW police sometimes send a senior officer to a person’s home to ‘discuss’ the complaint. Clearly, this can be intimidating. It might be an idea, if you definitely don’t want a police officer to visit your home, for you to say that you don’t want police officers to visit you in the letter of complaint. You can also sugget an alternative venue.It is the experience of some people who have made a complaint against the police to be invited to a series of meetings. A drawback with meeting the police is that any notes taken by them can be kept secret, and they are not obliged to give you a copy. You can, of course, take your own notes at the meeting.
The process can also take a long time, taking many months to complete.
During the APEC protests in 2007, over two hundred police officers breached provisions in the Police Manual which requires them to wear identification badges. The Commissioner of Police referred the matter to Police Professional Standards (a police department) who decided to take no action against individual officers. Police officers also threatened to arrest people (without lawful authority) for taking photos of them while aggressively arresting people. Despite these and similar incidents being widely televised, the Ombudsman has made no public comments about this conduct.
At the Newcastle Climate Camp protests in July 2008, many police officers refused to wear identification badges. A complaint was made to the Ombudsman, who referred the matter to police. After four months (in November 2008) the police replied with a standard letter saying that it had reminded all officers of their obligations and would take no further action. A subsequent referral to the Ombudsman's Office led to the Ombudsman endorsing the police decision. Suing the police for compensationSuing the police for large amounts of money is a way of getting compensation for things like unlawfully inflicted physical injuries, but it is also a way of putting pressure on the police to ensure officers comply with the law.
You can sue the police yourself, but this is likely to be beyond the legal skill of most activists. Legal practitioners will help but may charge fees which involve up-front payments. Legal Aid or Community Legal Centres may be able to assist.
Given the expense of taking someone to court, it is likely that any legal advice you receive will be that it is only worthwhile if the injuries are significant, such as a broken arm or where there is good evidence that the police have wrongly arrested you out of spite. Examples of where civil actions against the police have been successful (in protest and non-protest situations) include the following:
Lawyer wins $145,000 for ‘spiteful’ arrest by Natasha Wallace Sydney Morning Herald 25 October 2005.
Police censured for violent arrests by Michael Pelly The Australian 26 December 2005.
Police outstayed welcome: court by Tim Dick Sydney Morning Herald 13 June 2008.
Activist Padraic 'Paddy' Gibson lands payout after APEC arrest by Edmund Tadros The Australian 9 March 2009.
view original at the url below
http://www.activistrightsmanual.com/complaints-against-the-police.html
