Page 28 - Top Cover Issue 8
P. 28
28 TOP COVER ISSUE 8
LAW & REGS
Court of Appeal rules that
the IPCC cannot act as
‘Judge and Jury’
olice officers have additional powers and duties, in other respects
they are no different to members of the public: each must act
in accordance with the law. Operational firearms officers, acting
under duties to prevent crime and protect life, will use force, most
particularly lethal force, which must be strictly justified. Each is
expected to provide a detailed justification reflecting knowledge
of the underlying legal principles. Those who subject the decision
making to scrutiny however, whether the IPCC, lawyers, or in
court, view events through the luxurious prism of hindsight,
Pand according to a timescale wholly removed from that of the
original event. Most have no direct experience of the reality of participating in a firearms
operation. Political agendas can enter an arena that should in principle be forensic and
objective. It must be right that in such circumstances the officer is treated in an objectively
WRITTEN BY MANDIP KUMAR reasonable and fair way by the investigators.
Under Paragraph 14C (Schedule 3, Part 2A) of the Police Reform Act 2002 the
Independent Police Complaints Commission (‘IPCC’) investigates all death and serious
injury cases involving the police. Many investigations will start as an IPCC investigation
where the status of an officer has either not been confirmed or is subject to review. In the
latter case there is potential for the status to change from witness to suspect depending on
how the evidence develops in the case.
