Keeping it deliberately very vague; Does anyone know whether the IOPC can compel (ie; summons) witnesses to attend misconduct hearings? I would have thought not, but I am being told by a DC from professional standards  that they do have these powers available to them. I feel like I’m being fibbed to, (which is disappointing from a ‘professional standards’ bobby) but I was wondering if anyone has any actual knowledge of this. Google searches result in a lot of very woolly language, which neither confirms nor refutes my gut feeling.

Binge watch 4 series of Line of Duty and the answers shall be yours

There’s four series?!? That’s why I don’t know. Only seen the three on Netflix 😂

Thanks PP🙄😘

Police officers lying? Surely that’s to be expected…

Police officers lying? Surely that’s to be expected…

Yer, but… professional standards police? I mean; they police the police. Who polices the police police?

Who polices the police police?

Politicians?

Doesn’t make you feel better, does it?

Presuming you are a rozzer OP, isn’t there someone representing you to answer this?

Professional Standards Authority are a joke in my experience, clearly their remit is to defend the publicly-funded organisation that’s being complained about.  Now hearing on Twitter that the Public Guardian is ignoring harm caused by a publicly-funded organisation.  So there you have it, welcome to the State.

Presuming you are a rozzer OP

Not a rozzer, and not me, but someone I’m supporting (who also isn’t old bill) who I don’t want to give bad advice to.

who I don’t want to give bad advice to

So you ask on here :-O

Is there no professional/union support for this person?

who I don’t want to give bad advice to

Seek Professional Advice then. If needed pay for that advice.

The State has unlimited money to shut down complaints, not helped by legal aid pretty much being withdrawn.  Be afraid.

Seek Professional Advice then. If needed pay for that advice.

Useful, ta.

 So you ask on here?

Do you assume that I’m only asking on here? Used to be that STW was an enormous repository of individuals from all walks of life, willing to share their knowledge in a non specific, but enormously useful way. Now it seems to be a honey trap for snarky commentators, mostly. I’m sad for STW.

Useful, ta.

Honestly, you have (deliberately for obvious reasons) vague question that probably requires a heap more detail to be able to answer correctly. It’s one of those situations where the internet can be awesome or very dangerous – probably why in the case of the medical profession they are not allowed to give advice in places like this.

It’s actually a very specific question.

Does anyone know whether the IOPC can compel (ie; summons) witnesses to attend misconduct hearings?

Also, rightly or wrongly, medical advice is always being dished out on here, lol!

Is there no professional/union support for this person?

Unions have little credibility in our workplace anymore, sadly.

There’s four series?!? That’s why I don’t know. Only seen the three on Netflix

Good news OP. Series four is now available on Netflix! Got the email this morning.

My understanding of the relationship between IOPC and the police force concerned is that IOPC has powers of investigation and reporting, but it is the duty of the police force involved to carry out misconduct hearings, which are chaired by a senior officer of that force.

I know that those hearings are often held in public, and that witnesses can be called, but you might get a quicker answer on compulsion via the professional standards office of the force in question.

might get a quicker answer on compulsion via the professional standards office of the force in question.

Yeah, but they are the ones being weasel worded; they really want this witness to attend, and they are the ones suggesting that they could compel the witness. Asked the question directly, I got a ‘kinda, sorta, our legal team says it’s possible’ kind of answer. I just smell a rat, and can’t for the life of me imagine that an internal hearing within an organisation (even the police) has this sort of power or jurisdiction.

Ha! That really is good news re ‘Line of Duty on Netflix, and weirdly coincidentally timed! 😁

The most useful route in my view would be to try to nail down the exact status of a police misconduct hearing. My thought is that it is heard in public, so may have a similar status to an employment tribunal (which can compel witnesses)

I had a quick glance at the 2012 police conduct regulations which cover hearings, and while officers can be ordered to attend (obviously), for witnesses there is no mention of compulsion there, only that the chair can

cause the witness to be given notice that his attendance is necessary

However, there is is provision in law for a higher court to issue a summons on behalf of an ‘inferior court or tribunal’ which would then compel a witness to attend. Again, not sure of the status of your hearing in this regard. But applying to the High Court seems like a lot of trouble unless your friend is pivotal to the case against this officer, which might explain why they are trying to convince him/her to turn up without a struggle.

Seems to me that if your friend is desperate not to attend, then a wait and see approach would work best. If they have the statutory powers, they will use them. If they have to ‘go upstairs’, then they will either not bother, or the letter will eventually drop on the mat. I don’t see that there is any sanction that can be applied for simply asking a public body to do things by the book.

IANAL, obvs

Now that’s the kinda response I was hoping for. Plenty to be working with there; really appreciated MartinHutch

As long as you bear in mind it could all be absolute bollox! 🙂

If letters start flying around, a chat with an actual lawyer is highly recommended.

Do you assume that I’m only asking on here? Used to be that STW was an enormous repository of individuals from all walks of life, willing to share their knowledge in a non specific, but enormously useful way. Now it seems to be a honey trap for snarky commentators, mostly. I’m sad for STW.

Sorry, I wasn’t trying to be snarky, more humorous in a ‘you think any of us idiots know anything? We just sit and argue amongst ourselves’ sort of way. STW used to have a sense of humour but not any more. I’m sad for STW.

In a completely non-legal speak answer.

If the letter drops on the mat, and the requirement to attend is made, would the actual law being used be clearly stated in the document?

Is it too late to challenge at that point, otherwise you are trying to prevent ‘something’ happening, but without knowing the legality of that ‘something’ and which law is being used to support that ‘something’.

Ask the Fed? They should be able to tell you if they can and if in reality, it ever actually happens.

http://www.polfed.org/aboutus/contactus.aspx