Select Committee on Defence Appendices to the Minutes of Evidence


APPENDIX 6

Memorandum submitted by the Ministry of Defence

MDP'S RELATIONSHIP WITH THE POLICE COMPLAINTS AUTHORITY

  The statutory provisions governing the relationship between the Police Complaints Authority and the Home Department Police Forces also govern the relationship between the PCA and the MDP. The relevant provisions are in Chapter 1 of Part IV of the Police Act 1996. Section 78 - which is in Chapter 1—already provides that various police forces, including the MDP, may make procedure corresponding or similar to those under Chapter I and that, if the forces fail to do so, the Secretary of State may impose such procedures by order.

  There has been no need for the Secretary of State to impose such procedures, because the MDP complied with section 78 and introduced the necessary procedures. It did so under section 96 of the Police and Criminal Evidence Act 1984, which on a consolidation became section 78 of the Police Act 1996.

  The outcome of this is that complaints against MDP officers are investigated in exactly the same way as those against officers of Home Department Forces. Completed complaint investigation files are submitted to the Police Complaints Authority, to determine the appropriate outcome of the investigation and what, if any, disciplinary action should be taken against the MDP officer concerned. As with any other force, the Police Complaints Authority can directly supervise investigations of serious complaints. Other forces can have PCA supervised investigations involving allegations against MDP officers. If the Police Complaints Authority recommend disciplinary proceedings and the Chief Constable is unwilling to bring such proceedings, the Police Complaints Authority can direct the Chief Constable to do so.

PROTOCOL BETWEEN MDP AND HOME OFFICE FORCES IN ENGLAND AND WALES COMPARED TO PROTOCOL BETWEEN MDP AND POLICE FORCES IN SCOTLAND IN RELATION TO DEPLOYMENT OF ARMED MDP OFFICERS OUTWITH MOD PROPERTY

  The protocol between MDP and Police Forces in Scotland states that the Chief Constable MDP will give advance notification to the local Chief Constable before armed deployment outwith MOD property. The Protocol between MDP and Home Office Forces in England and Wales states that the Chief Constable MDP will discuss in advance with the local Chief Constable before armed deployment outwith MOD property.

  Both Protocols require information to be passed between Chief Constable MDP and the local Chief Constable before MDP are deployed outwith MOD property. The practical effects of the different use of words are negligible as the local Chief Constable is always informed beforehand. This is the case in Scotland, England and Wales


 
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Prepared 6 December 2001