This was an independent investigation by the IPCC into these matters. Following the investigation South Wales Police held a Misconduct hearing into the following alleged breaches:
· That the officers failed appropriately to progress allegations of serious crime made by the complainant.
· That one of the officers provided the complainant with alcohol.
· That the officers obstructed access by the complainant to a solicitor.
· That the officers supplied the complainant with inducements in order that he would confess to offences.
· That the officers falsely represented the complainant’s admissions in their records.
As a result of further evidence coming to light after the IPCC Investigation had concluded, the IPCC agreed the South Wales Police representation that breach 1 should be withdrawn.
Between 9th January and 12th January 2012 the Officers subject of these allegations appeared before a Misconduct Hearing chaired by the Deputy Chief Constable of South Wales Police who was accompanied by a Senior Superintendent and an Independent member (non police employee) appointed for such hearings by the South Wales Police Authority. The hearing was observed by a representative from the IPCC.
During the 4 day* hearing the panel heard oral evidence from numerous witnesses including the now 19 year old complainant in this case, prison staff and the two Police Officers subject of the allegations.
At the conclusion of the hearing after considering all the evidence and on the balance of probabilities, the panel upheld the following two allegations that summarised below:
· That one of the officers had provided the complainant with alcohol.
· That the second officer had failed in his responsibility to challenge or report on this conduct.
· That the officers obstructed access by the complainant to a solicitor.
However, the panel dismissed the following allegations summarised below:
· That the officers supplied the complainant with inducements in order that he would confess to offences.
· That the officers falsely represented the complainant’s admissions in their records.
Based upon their findings, the panel decided upon the following sanctions:
- In respect of the first officer, his conduct was assessed as Gross Misconduct in respect of the supply of alcohol, for which he received a Final Written Warning and Misconduct in respect of the obstruction of access to a solicitor, for which he received a Written Warning
- The second officer’s conduct was assessed as Misconduct, in respect of his failure to report or challenge the supply of alcohol for which he received a Written Warning and Misconduct in respect of the obstruction of access to a solicitor for which he received a further Written Warning.
* In total, the Discipline panel convened for 6 days which includes the 3rd and 7th October when legal submissions were considered.
South Wales Police Assistant Chief Constable Nick Croft said: “These Officers have acted in a manner which clearly falls well below the standards expected of them by the communities of South Wales. Their conduct will undoubtedly cause concern to members of the public, to the Police Service and their Police colleagues.
“After a four day discipline process, one of the officers subject of these allegations received a Final Written Warning for conduct assessed as Gross Misconduct, the second officer receiving a Written Warning for Misconduct.
“It is of some reassurance that the detailed IPCC investigation has confirmed that there is no evidence to suggest the findings of this case were indicative of any wider systematic abuse of this process by any other officers.
“Not withstanding these reassurances, immediately after these allegations emerged, South Wales Police reviewed its policies for dealing with admissions to offences which are taken into consideration (TICs), and procedures which govern the management of people who are produced from prison into Police custody to assist investigations.”
ends