Police Accountability: What Happens When Cops Break The Law?

When police officers act outside the boundaries of the law, they put community trust and confidence in law enforcement to the ultimate test. External and civilian oversight of the police are essential to investigate and respond to allegations of police criminality and impropriety. In Ontario, Canada, the Special Investigations Unit (SIU), a civilian law enforcement agency, is responsible for investigating and, if necessary, laying criminal charges against police officers. While the SIU reports the number of charges laid, little is known about the nature of the offences committed, the prosecution, trial process, and sentencing for police officers. This lack of transparency can hinder public understanding of the oversight system and its outcomes, which are crucial for fostering trust and confidence in the legitimacy of the process.

Police complaints and what happens after

Police officers are held to a high standard of behaviour. However, if an officer has acted inappropriately or violated your rights, you can file a formal complaint. This can include incidents of excessive force, misconduct, discrimination, or any other behaviour that goes against the standards expected of law enforcement officers.

In the US, you can file a complaint with the police department that employs the officer, either online, over the telephone, via email, or in person. You can also file a complaint with the Department of Justice's Civil Rights Division if you believe your civil rights have been violated.

In the UK, you can complain about police officers or staff, the quality of service in your area, or police policies and procedures. You can do this by contacting Police Scotland or the Scottish Police Authority (for senior police officers). It is best to complain in writing so that you have a record of the complaint, and you may seek help from your local Citizens Advice Bureau.

After you file a complaint, the police will investigate. They may decide to take no further action, review or change a policy, provide additional training or counselling to officers, or discipline an officer. You should be informed of the outcome of the investigation as soon as possible, although the details may be confidential.

If you are unhappy with how your complaint was handled, you can seek further review or take legal action. In the US, you can contact a lawyer for assistance. In the UK, you can refer the issue to the Police Investigations & Review Commissioner (PIRC) for a free and independent complaint handling review. If you are still unsatisfied, you can take the complaint to the Scottish Public Services Ombudsman (SPSO) or request a judicial review.

Taking legal action and claiming compensation

If you think a police officer has broken the law, you can take legal action and claim compensation. Here are the steps you can follow:

• Complain to the Police: You can file a complaint with the police department or a dedicated police complaints authority, such as Police Scotland. You can complain about police conduct, such as disorderly behaviour, unlawful arrests, or breaching your human rights. It is best to make the complaint in writing and provide any evidence or witnesses to support your claim.
• Request a Criminal Investigation: If you believe a police officer has committed a criminal offence, you can request a criminal investigation by contacting the Procurator Fiscal, who is independent of the police. They will review your case and decide whether to prosecute the officer.
• Claim Compensation: If you were injured or distressed due to police misconduct, you can claim compensation from the Criminal Injuries Compensation Authority (CICA). You don't need to have your complaint against the police upheld before claiming compensation, but your claim will be stronger if it has been investigated and upheld.
• Take Legal Action for Damages: You can take court action against the police for damages if a police officer has acted unlawfully or failed to perform their duties. However, these cases are rarely successful, and you should seek advice from a solicitor regarding legal costs and the likelihood of success.
• Address Human Rights Violations: If your human rights have been breached by the police, you may be able to take legal action against them. The police must respect your human rights when carrying out their duties, and you can seek legal recourse if they have discriminated against you based on protected characteristics such as age, disability, race, or sex.
• Seek an Apology or Disciplinary Action: In some cases, you may not be seeking financial compensation but want accountability and changes to be made. You can request an apology from the police department or push for disciplinary action against the offending officer(s), such as retraining or discipline.

Police oversight and accountability

Models of Police Oversight

There are two main models of police oversight: the civilian review model and the civilian control model. The civilian review model involves investigations being conducted internally by a police agency or a neighbouring police agency, with a civilian auditor then reviewing the process. This model is generally perceived as more legitimate by police officers and can promote better cooperation. However, the public may view it with cynicism due to its reliance on police investigating other police.

On the other hand, the civilian control model does not employ active police officers in the investigations. It is seen as more effective in providing control and oversight of police conduct. This model is often considered the optimal approach to police oversight.

Challenges and Limitations

One challenge in police oversight is the lack of public knowledge and trust in the process and outcomes. The success of civilian oversight bodies is often measured by case numbers and substantiation of complaints, which may not provide a comprehensive understanding of police misconduct or the effectiveness of oversight mechanisms. Additionally, investigations into police misconduct can be difficult due to the lack of independent witnesses, forensic evidence, or video evidence.

Another challenge is the inherent advantage that police officers have as criminal justice insiders. They have a better understanding of their legal rights and can protect themselves during investigations. Prosecuting police officers is unique compared to prosecuting other members of the public, and there may be hesitation or failure to pursue charges against them.

Outcomes of Police Misconduct

When police officers are found to have broken the law, there are several possible outcomes:

• Complaints: Complaints can be made about police conduct, both on and off duty. Complaints can lead to disciplinary action, retraining, or other consequences. However, making false or malicious complaints can result in charges for wasting police time.
• Criminal investigations: Independent civilian bodies or prosecutors can conduct criminal investigations into police misconduct. This can lead to disciplinary action, prosecution, or both.
• Legal action and compensation: Those affected by police misconduct may take legal action or claim compensation for injuries or distress caused by police officers' actions.

Sentencing Considerations

When sentencing police officers found guilty of criminal offences, judges consider various factors, including:

• The nature of police work and training: Judges recognise the high-risk nature of police work but also expect officers to respond to danger and provocation appropriately.
• The nature of the offence committed: The severity and impact of the offence will influence the sentencing decision.
• Public response and confidence: Judges are sensitive to the impact of sentencing decisions on public perception and confidence in the justice system, especially in cases involving police officers.

External and civilian oversight of the police

Community trust in law enforcement is put to the test when police officers act outside the boundaries prescribed by criminal law. External and civilian oversight of the police is essential to investigate and respond to allegations of police criminality and impropriety.

Civilian oversight of the police refers to any process that allows individuals who are not police officers to participate in and direct complaints about the police. It can be a means to "equalize the balance of power between public officials and citizens".

There are two main models of civilian oversight: the civilian review model and the civilian control model. In the former, investigations are completed internally by a police agency or by a neighbouring police agency and then reviewed by a civilian auditor. In the latter, investigations are conducted by individuals who are not police officers, thus avoiding concerns regarding independence.

Ontario, Canada, relies on the Special Investigations Unit (SIU), a civilian law enforcement agency, to investigate and, where necessary, lay criminal charges against the police. The SIU is considered a pioneer in civilian oversight and similar agencies based on the SIU model have been adopted in five Canadian provinces.

A study analysed 159 SIU investigations over a 15-year period, examining each case from the laying of charges to prosecution through to sentencing. It found that approximately one-third of all charges laid by the SIU are withdrawn by the Crown prosecution and the most common disposition following trial is an acquittal. The study also found that officers charged and prosecuted for driving-related offences are more likely to plead or be found guilty compared to other offences, and officers found guilty of sexual assault receive a more severe sentence.

The legitimacy of civilian oversight requires public knowledge of and confidence in the process and outcomes. While there is a growing body of American literature on the prosecution of police officers, there is a lack of similar scholarship in Canada. This gap in understanding the process by which police officers are investigated and the consequences when charges are laid can hinder public trust in the system.

How the justice system responds to police officers charged with a criminal offence

When police officers break the law, it puts community trust and confidence in law enforcement to the ultimate test. External and civilian oversight of the police are essential to investigate and respond to allegations of police criminality and impropriety. In Ontario, Canada, the Special Investigations Unit (SIU), a civilian law enforcement agency, is responsible for investigating and, if necessary, laying criminal charges against police officers.

Once the SIU lays charges, the Attorney General of Ontario is responsible for prosecution. The outcomes of these cases vary, but there are some notable trends. Firstly, it is uncommon for officers to plead guilty, and approximately one-third of all charges laid by the SIU are withdrawn by the Crown prosecution. This could be due to the difficulty of prosecuting cases involving the police, as there are often no independent witnesses or forensic/video evidence. Secondly, the most common disposition following a trial is an acquittal, particularly in cases involving sexual assault or assault. Judges often base their findings of not guilty on issues relating to the complainant's credibility or a lack of supporting evidence. Thirdly, when officers are convicted, they are typically sentenced to a conditional or absolute discharge, which are the least restrictive sanctions available. However, in cases of sexual assault, breach of trust, or when a firearm is used, judges tend to impose more severe sentences.

Overall, the justice system's response to police officers charged with a criminal offence involves a unique set of circumstances and considerations. The outcomes of these cases can have a significant impact on public trust and confidence in the justice system, particularly in communities with a history of strained relations and distrust of law enforcement.

Frequently asked questions