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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 7569
Experience:  Senior Associate Solicitor
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If reports are made to the police that someone is shooting

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If reports are made to the police that someone is shooting on public land and they do not take action what can someone do apart from complaining?
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola

Customer: replied 3 months ago.
Ok to wait

Hello, this is Jim.

The Police should take notice and do something - as they are a public body then judicial review is the way to challenge their decision not to do anything but I would have thought a complaint to the IOPC would be in order (independent office for police conduct) : https://www.policeconduct.gov.uk/

I hope this helps

JimLawyer, Solicitor
Category: Law
Satisfied Customers: 7569
Experience: Senior Associate Solicitor
JimLawyer and 2 other Law Specialists are ready to help you
Customer: replied 3 months ago.
The complaint to the IOPC (after to the PFCC who ignored it) was submitted in May.
They send it themselves to the Professional Standards and a "Service recovery" reply was that an investigation that was made exhausted all lines of enquiries and the evidence was not enough to prosecute the offenders.
An escalation was submitted to the IOPC that the PC investigating had lied and that reports were missing from the system of the police. The IOPC forwarded it to the PSD who refused to record it stating that the complainant was not by law and that enquiring about an investigation was misuse of the complaint's procedure.
An appeal was made to the IOPC who asked the PSD what happened and they lied that they did not record the complaint because they had made an informal arrangement.
The final decision of the IOPC in September was that it will not itself investigate the complaint but it asked the PSD to record 9 misconducts of individual police officers, leaving out the
Refusal of the PFCC and the lying of the
PSD and the PC investigating.
Due to the above the IOPC is one of the defendants in the Jr.
Customer: replied 3 months ago.
The grounds are that the complaint meets their criteria to investigate (they say it does not) because
It is about a serious case involving firing of gun and a child
Neglect of the PFCC about it and refusal to communicate setting a ban even
With the lying of the PSD there can be no trust that it would deal with the complaint.
Customer: replied 3 months ago.
Do you agree with the grounds for the IOPC?
Customer: replied 3 months ago.
In their final decision the IOPC stated that the Complaints procedure is not the correct procedure to challenge police investigations because the Police e and reform Act does not allow it and the only way to do it is a jr
Customer: replied 3 months ago.
So the police is also a defendant to challenge their decision that all reports have been investigated and no evidence to prosecute was found.

I would agree that JR is the correct avenue to challenge their decision. The JR judge (or panel of judges) will look at the evidence afresh and decide whether the IOPC and the Police were correct in arriving at their decision.

Customer: replied 3 months ago.
This is the hardest bit of the whole jr but without achieving this everything else is void.
Customer: replied 3 months ago.
Reading the witness statement?
Customer: replied 3 months ago.
Can the IOPC receive injuction to investigate the complaint?
Customer: replied 3 months ago.
Do you think I have sufficient locus to bring this claim and why please?
Customer: replied 3 months ago.
One of your colleagues in another question insists I an innocent bystander does not have locus that is why I ask.

Hi, I have said that a public body's decision can be challenged with Judicial Review proceedings. I have only the bare facts which you have stated although I was unaware that you are not connected to the dispute (in effect being an innocent bystander - I have only just been made aware of this now).

I will have to opt out to let another expert help you with this going forward.

Thanks

Customer: replied 3 months ago.
Of course I was connected. No need for anyone else to respond.
Thanks
Customer: replied 3 months ago.
I was not convinced by the answer I got and wanted a second opinion that is all.
Customer: replied 3 months ago.
I do not have any more questions for the time being.
But if anybody is able to assist with the pre hearing correspondence with the defendants please do email.
Stephensons replied they cannot.
Thanks again.