How to Complain About the Courts and Police

The police and courts attempt to operate efficiently, but there may be incidents where you believe that you have been treated unfairly. In these cases you are completely within your legal rights to to make a complaint. The justice system we have is based in fairness. The law requires that defendants can usually appeal a court decision, and that citizens complaining about the court that has dealt with their case or the police are given a fair hearing.

How to Complain About the Police

There is an independent body called the Police Complaints Authority (PCA). This was set-up by central government to give the public a mechanism by which they could make complaints against the police. Each police force has its own complaints team that deal specifically with complaints directed at their officers.

Complaints about the police can range from minor offenses such as the use of excessive force during an arrest, to more serious complaints such as racism, or the death of a suspect in custody. The police are governed by a Code of Practice that gives them guidelines on how to behave and carry out their duties. You can see a copy of this code at your local library. It’s a good idea to familiarise yourself with the code before you make a complaint.

Note that you should make your complaint within 12 months of the incident you are complaining about. Also, any serious incidents will have to go to the Crown Prosecution Service (CPS) for consideration. If you have a complaint and live in England and Wales you make your complaint about the police in a number of ways. These include:

• By contacted the police force directly
• Via your solicitor or other legal representative
• With the help of your local MP
• With the help of the Citizens Advice Bureau

If you live in Scotland you should direct your complaint to the chief constable of the police force concerned. If the incident is serious and involved an officer breaking the law, your complaint should be directed to the Procurator Fiscal Service as this is the same as the CPS in England and Wales. And if you are in Northern Ireland, contact the Police Ombudsman.

How to Complain About the Courts

If you feel that the court handling your case hasn’t done so professionally, and you haven’t received proper justice in your case, you can make a complaint directly with the court by contacting a member of the court staff either in person or via phone. You may want to make your complain more formal and in writing. If this is the case you need to complete form EX343A. You can download the form from the HMCS website. You should receive a reply about your complaint within 5 working days. When you make your complaint ensure that:

• You describe all the facts relating to your complaint in as much detail as possible
• Clearly explain why you think the court made a mistake with your case
• What loss (if any) you have suffered as a consequence of the mistake or conduct of the court

If you are making a complaint about a specific member of court staff, and feel you have made a loss, you may be able to claim compensation. This will depend on the nature of your complaint.

Any complaint you make will be investigated and a decision made about any action to be taken. If you disagree with the outcome of your complaint, you can ask the Area Director to further consider your complaint. And if you are still not satisfied with the Area Director’s decision about your complaint, you can contact the Customer Service Unit by telephone on: 0845 4568770 or 020 7189 2000. Disability Helpline/Textphone: Freephone 0800 358 3506.

If after going through this procedure you still believe your complaint hasn’t been dealt with properly, you can contact the The Parliamentary and Health Service Ombudsman. You can’t contact this service directly, but your MP can help you make contact with them.

How to Complain About a Judge or Judicial Decision

After the court case you are involved with has finished and you feel that your case wasn’t dealt with properly under the law, or that the presiding judge didn’t perform their duties in accordance with the law, you can make an appeal. Appeals can be effective, but take legal advice before you proceed with your complaint. All appeals need to be made quickly and directly to the court where your case was heard.

Making complaints about specific judges will mean contacting the Office for Judicial Complaints. You can telephone them on: 020 7189 2937, Minicom: 020 7189 2941 or visit their website at: www.judicialcomplaints.gov.uk.

Complaining about a magistrate will mean you have to contact the local Advisory Committee. The court where you case was heard can give you their contact details. If you are not happy with their decision, you can then take your complaint to the Office for Judicial Complaints.