An independent investigation has been called in the United Kingdom after a cell phone video surfaced of a man being Tasered and punched by officers in Nottingham. The way the case is being investigated highlights the advances that the United Kingdom has made in regards to independent oversight.
In Canada, allegations of misconduct would be investigated by the police, most likely the same police force accused of the misconduct. Only in Ontario, and soon Manitoba, does an independent civilian investigative agency exist in Canada: the Special Investigations Unit. Independent police complaint commissions in Canada can order an investigation, but in numerous instances the responsibility has fallen upon the BC Civil Liberties Association and other human rights groups to initiate complaints and make the results public. Investigations of BCCLA complaints typically take 2-3 years.
In the UK, after the video surfaced, human rights groups successfully lobbied for the Independent Police Complaints Commission to investigate the incident. The IPCC can choose to supervise a police investigation or conduct the investigation themselves. Some IPCC investigators are former police officers, but police personnel are legally prohibited from becoming commissioners. The IPCC was established to make investigations more open, timely, proportionate and fair, although most complaints are passed to the force for self-investigation.
The IPCC, like the Special Investigations Unit in Ontario, has been accused of having a police bias. Ombudsman of Ontario and former SIU Commissioner Andre Marin conducted an investigation and determined this to be the case. Independent investigative bodies such as the SIU and the IPCC are by no means perfect. However, Mr. Marin has himself stated that even a flawed SIU is vastly superior to self-investigation.
The UK and Ontario use a model that can work, and any flaws can be remedied. The standard system of self-investigation in Canada, overseen by agencies with limited powers and no investigative authority, simply does not and will never work.
In other news, the High Court of England and Wales has outed Nightjack, a popular police blogger, as Detective Constable Richard Horton of the Lancashire constabulary. Horton’s blog offered an inside view of policing and was acclaimed by critics and the public alike, even winning an Orwell Prize for political writing. The blog has been removed by the author as a consequence of the case.
The Times tracked down Horton and sought to publish his identity, asserting it was in the public interest. Horton filed an injunction, arguing that he is likely to face disciplinary charges for revealing confidential information about prosecutions within the force. The High Court ruled that bloggers have no “reasonable expectation of privacy”, as blogging is a public activity. Horton has since received a written warning from the force for breaching professional standards, and may face further consequences.
The popularity of Horton’s blog highlights the public’s interest in policing, and now that insider perspective is gone, perhaps never to be replaced due to the consequences that Horton now faces.
Tags: International, Taser
Posted in The Police Blog | |
