To ask the Secretary of State for the Home Department what investigatory procedure is followed in circumstances where a serving police officer is alleged to have acted unlawfully in the course of his duties; what procedure is followed to determine which authority is competent to carry out an investigation; and whether the Independent Police Complaints Commission may carry out such investigations. (279628)

[holding answer 15 June 2009]: The Independent Police Complaints Commission (IPCC) deals with complaints and allegations of misconduct against police officers in England and Wales, including allegations of criminal behaviour. The police must refer certain types of incidents to the IPCC. These include allegations of a serious criminal offence.

When a matter is referred to the IPCC, it makes a Mode of Investigation (MOI) decision to determine how the case should be investigated. Irrespective of any allegation of criminality, the IPCC may investigate it independently or return it to the force to be dealt with.