PCA supports case for cops to pay for abuse of power

Black Immigrant Daily News

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Hall of Justice –

The Police Complaints Authority (PCA) agrees that errant police officers ought to be held personally liable for their actions and pay some of the compensation for abusing their power in civil cases.

It said consideration should be given to widening the provision in Section 38 (1) of the State Liability and Proceedings Act, Chapter 8:02 to encompass all actions brought in tort against the state so all available damages can be recovered by the state from errant police officers.

The authority was responding to the statement by Attorney General Reginald Armour in the Senate on Tuesday that the state is developing a policy on the issue of errant police officers being held personally liable for damages awarded in malicious prosecution cases.

Armour said consultations began with the police service and the National Security Ministry in March 2021 during a meeting to discuss the amendments to the Police Authority Act, where a proposal to amend the State Liability and Proceedings Act was briefly mentioned.

“The concern shared by everyone in attendance was that police officers should be given some burden of paying awards of damages for which they are currently insulated under the act.”

Armour said the policy discussion was still at the developmental stage, with three pieces of Australian legislation being considered where police officers are held liable in civil proceedings to pay damages in certain circumstances, in particular Section 74:2 of the Victoria Police Act, where the state is liable for all police torts, unless it can be established that the conduct giving rise to such a tort was serious and wilful misconduct.

Responding to the issue on Friday in Parliament, the Prime Minister said government has taken no such decision.

“What has been said is that in a meeting of a group that does review of legislation, this matter came up in conversation en passant.”

The PCA in an opinion paper said where judgment is made in favour of these claimants, the award of damages is paid by the state and not the offending police officer. It said judges have commented that damages awarded for exemplary damages do not have the intended effect on police officers.

Among the disciplinary offences the PCA investigates are complaints of unlawful or unnecessary exercise of authority, wrongful arrest and insubordinate or oppressive conduct. It said between 2014 and 2020, the majority of the 1,045 complaints it received were for unlawful or unnecessary exercise of authority. It said once an investigation is concluded, the Commissioner of Police considers the initiation of disciplinary proceedings.

The penalties which the CoP may impose in disciplinary proceedings against a police officer include as severe as dismissal; demotion with an immediate reduction in pay; reduction of remuneration; deferment of increment, that is, a postponement of the date on which the next increment is due, with corresponding postponements in subsequent years; stoppage of increment; penalties; fines; and, reprimand.

Acting Commissioner of Police McDonald Jacob said the proposal was made in 2019, and the discussion was still in the infancy stages.

“The AG and the Minister have to engage me and my executive to have further discussions on what direction we are going with that. I wouldn’t want to express my personal feelings or opinion concerning that matter at this point in time. What I can say is that once police officers are found to be malicious prosecution (sic) they are normally charged before the criminal court, and then we have our disciplinary process and people normally will be suspended.”

He said he was not fully aware of the matrix of the recommendation and did not want to give his opinion on the matter yet.

Police Service Social and Welfare Association president Gideon Dickson said if the AG was planning to change the law, it should be done for every public servant who provides a service to the public, starting with ministers.

“I have no problem with the proposal, once it is done across the board. Ministers, judges, and magistrates should be included, down to the typist or receptionist, should have been included. If you want to be fair, then it should be levelled across the board, so that anyone who does acts that infringe, no matter how slight, on members of the public, who are executing their duties, will be held accountable the same way.”

Dickson said the state needed to stop using police officers as soft targets.

“We are law enforcement officers, here to uphold the law that exists, and in so doing we expect to get a level of protection from the State, as long as we were acting within our legal remits.”

He said the association was not included in the initial consultations by the state which began in 2021, which he said was unfair and disingenuous, but typical of the authorities.

The Prime Minister said if the issue came up for contemplation, he expected government to consult with the relevant stakeholders, which in this case would be the police and their representatives.

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