Overlaying the investigative and disciplinary process is an adjudicative function that employs retired members of the judiciary. These “retired judges” perform several adjudicative functions acting as a check and balance on decisions made by senior police officers about police misconduct and discipline. At various points in the proceedings the Police Complaint Commissioner may, after consultation with the Associate Chief Justice of the Supreme Court, appoint a retired judge to adjudicate and decide the matter.
There are three avenues under the Police Act for adjudicative review:
In cases where the Police Complaint Commissioner refers a matter to a retired judge for a Public Hearing or Review on the Record, these matters are public and decisions are posted to the OPCC website unless the adjudicator has imposed a ban or limitation on the release of any information.
For Section 117 Reviews, where a retired judge is appointed by the Police Complaint Commissioner at an earlier point in the complaint process, those cases are anonymized and posted to the OPCC website upon their conclusion.
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