COMPLAINTS LAID BEFORE MAGISTRATES ALLEGING CRIMINAL MISCONDUCT ON THE PART OF POLICE OFFICERS

Mr David Marshall asked the Minister for Health and Law (i) what is the procedure adopted by Magistrates when a complaint is laid before them alleging criminal misconduct on the part of named and/or unnamed police officers; and (ii) between 1st June, 1959, and 31st March, 1962, what is (a) the number of such complaints made, (b) the number of such complaints referred by the Magistrates to the police for investigation, (c) the average length of time between the date of the request by the Magistrate to the police for investigation and the date of reply by the police to the Magistrate, and (d) the number of summonses and/or warrants issued by the Magistrates on such complaints.

Mr K. M. Byrne: Mr Speaker, Sir, I will break it up into parts. [Interruption] The first part -

Mr Speaker: Order. I do not know whether the Minister is threatening us with a long statement. If he is, then perhaps he can make a ministerial statement at the end of Question time.

Mr Byrne: I shall make the statement brief.

Mr Speaker: Yes, it should be short. Mr Byrne.

Mr Byrne: Mr Speaker, Sir, the first part of the question asked: what is the procedure adopted by Magistrates when a complaint is laid before them alleging criminal misconduct on the part of named and/or unnamed police officers? The answer to this question is as follows.

The procedure adopted is that laid down in section 133 of the Criminal Procedure Code which the Member for Anson knows quite well. The assistance of the Commissioner of Police sought in the following circumstances:-

(a) when the identity of the police officer is not known, the Commissioner of Police is required to ascertain it:

(b) when the allegation in the complaint is so fantastic on the face of it or for other reasons the Magistrate doubts the truth of the matter complained of, the Commissioner of Police is requested to investigate and report on the allegation:

(c) when the complaint discloses a seizable offence, the Commissioner of Police is asked to explain why the police have not effected an arrest: and

(d) when the complaint discloses a seizable offence for which the sanction of the Deputy Public Prosecutor is required under section 128 of the Criminal Procedure Code, the Commissioner of Police is requested to investigate and obtain the necessary sanction from the Deputy Public Prosecutor.

Then in the next part of the question, I am asked to state the number of such complaints made between 1st June, 1959, and 31st March, 1962. The answer is 31.

Then I am asked to state the number of such complaints referred by the Magistrates to the police for investigation. The answer is 19.

Then I am asked to state the average length of time between the date of the request by the Magistrate to the police for investigation and the date of reply by the police to the Magistrate. The answer is, the average length of time is 18 days.

Then I am asked to state the number of summonses and/or warrants issued by the Magistrates on such complaints. No warrants were issued; 17 summonses were issued; nine notices were issued; three complaints were withdrawn; one complaint was dismissed and one complaint is still pending.

Mr David Marshall: Would the Minister agree that referring complaints about the police to the police for investigation brings about considerable dilatoriness and has he any suggestions for future legislation on that aspect?

Mr Byrne: Mr Speaker, Sir, I have the whole list of names of complainants and matters which were referred for investigation. There were 19 complaints which were referred to the police for investigation. There were 12 complaints which were not referred to the police for investigation. The Magistrate has the power to deal with such complaints if the offence disclosed is a serious offence and needs investigation. In such cases, the Magistrate always refers them to the police for investigation. But where the complaints are trivial, he deals with them himself.

Mr David Marshall: Would the Minister be good enough to direct his mind to the question which seeks to inquire whether the Government is conscious of the frustrating procedure whereby complaints about the police are referred to the police for investigation, and whether they have in mind any legislation to deal with that aspect?

Mr Byrne: Mr Speaker, Sir, the Member for Anson very well knows what the procedure is. It is true that some complaints are referred to the police for investigation. Before any action can be taken, the investigation papers go to the State Advocate-General's Department, and it is the S.A.G. who has the right under the Constitution to decide whether action should be brought or not. The Member for Anson understands the procedure quite well.