Why Don't More People Complain against the Police?
| Author | Graham Smith |
| DOI | 10.1177/1477370809102167 |
| Published date | 01 May 2009 |
| Date | 01 May 2009 |
| Subject Matter | Articles |
Why Don’t More People Complain
against the Police?
Graham Smith
University of Manchester, UK
ABSTRACT
This is a revised version of a paper presented to a workshop organized by the
European Commissioner for Human Rights on police complaints. Examining
the subject from the complainant’s standpoint, discussion focuses on four key
factors that influence his or her decision to make a complaint: the seriousness of
the grievance, self-confidence, confidence in the system and the availability of
support and assistance. It is argued that the existence of a non-police organization
is insufficient for securing public trust and confidence, and that complainant
representation will address the concerns of potential and actual complainants
and enhance independence and impartiality in the complaints process.
KEY WORDS
Human Rights / Police / Police Complaints / Regulation.
In May 2008 the European Commissioner for Human Rights invited repre-
sentatives from 14 member states of the Council of Europe to an Expert
Workshop ‘Police Complaints Mechanisms: Ensuring Independence and
Effectiveness’. The purpose of the meeting was to discuss different systems
that operate across Europe in preparation for the Commissioner to present
an Opinion later in the year. The emphasis of the Workshop was on the need
to protect against police impunity for misconduct, particularly in the post-
Communist states of Eastern Europe. Presentations were given on the oper-
ation of established non-police complaints systems in Belgium and Northern
Ireland; the problems faced by recently formed organizations in Ireland and
Hungary; the separate prosecuting authorities that also investi gate criminal
allegations against police officers in Sweden and Norway; and problems
Volume 6 (3): 249–266: 1477-3708
DOI: 10.1177/1477370809102167
Copyright © 2009 European Society of
Criminology and SAGE Publications
Los Angeles, London, New Delhi, Singapore and Washington DC
www.sagepublications.com
250 European Journal of Criminology 6(3)
with complaints connected with racism and homophobia (European Com-
missioner for Human Rights 2008; Smith 2008).
Public dissatisfaction with police complaints procedures has been
widespread for half a century and has played a prominent part in policing
reform in many jurisdictions. Much argument has focused on whether the
police can, or should, investigate complaints against the police, and the
trend towards non-police investigation has been at the heart of complaints
reform. In keeping with the international reform trend, the research focus
has been to chart progress towards non-police investigation of complaints
(Goldsmith 1991; Goldsmith and Lewis 2000; Walker 2005; Smith 2009).
This paper relies on police misconduct and complaints research and
practice in England and Wales, where developments in policy conform to
the international trend. Police complaints procedures were first codified
under the Police Act 1964 and the current statutory framework is provided
by the Police Reform Act 2002. Progress towards independence has been
incremental and is currently at the stage where the police and the Inde-
pendent Police Complaints Commission (IPCC), established in April 2004,
share responsibilities. The police record and own all complaints, and in-
vesti gate the majority of them; the IPCC investigates and manages police
investigations of a small number of complaints and serves as appellate
authority for internal police complaints procedures. In 2006/7, 50 IPCC
investi gations and 150 managed police investigations were completed, and
3347 appeals received (IPCC 2007a) out of a total of 12,603 investigations
into complaints allegations completed that year (IPCC 2007b). Recognized
as the guardian of the complaints system, the IPCC is a Non-Departmental
Public Body with responsibilities for standards, promoting confidence,
ensuring accessibility and disseminating best practice (IPCC 2005).
Police misconduct and complaints1 will be examined here primarily
from the complainant’s standpoint in a discussion of why it is that people
with grievances against the police rarely complain. If, as has been widely
held, public dissatisfaction arises as a consequence of the police investigating
the police, why does more non-police involvement in procedures not result
in a greater willingness of members of the public to make a complaint?
For close to two decades the British Crime Survey has found that about
80 percent of people interviewed who were ‘really annoyed with the police’
did not complain. This has not changed despite significant reform by the
Police and Criminal Evidence Act 1984 and the Police Reform Act 2002.
1 The focus of the paper will be on allegations of misbehaviour against police officers when
on duty and, therefore, in a position to defend their conduct as having been necessary for the
purpose of law enforcement (Box 1983).
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