Making a complaint against the police 

If you don’t think the police have done the right thing, you can make a complaint.

Who you make a complaint to will depend on whether you think the behaviour amounts to :

  • a breach of discipline (the least serious); or

  • an act of police misconduct; or

  • an act of official misconduct (the most serious).

You will make your complaint to a different organisation depending on how serious you think the police officer's wrongdoing was. There are also different results and penalties for a police officer who is guilty of a discipline breach, police misconduct or official misconduct.

It is a good idea to try and collect the names and contact details for anyone who witnessed the incident. You could also ask that they make a witness statement - there’s a useful guide for how to write a statement here.

Discipline breach, police misconduct or official misconduct?

  • Breaches of discipline are if an officer was biased, unethical or unprofessional. 

  • Police misconduct is any behaviour (apart from official misconduct) that is disgraceful, improper or inappropriate by a police officer, or shows they are not fit to be a police officer. Basically, police misconduct has to be below the standard of conduct the community reasonably expects of a police officer. It can even cover off-duty behaviour. 

  • Official misconduct is behaviour so serious as to be a criminal offence or enough to sack the official. It will not include a police officer who is rude or inefficient. A police officer might be guilty of official misconduct if they were:

    • Dishonest

    • Breached trust placed in them; or

    • Misused officially obtained information.

If you have been charged with an offence and want to make a complaint about the police, it is a good idea to get legal advice. Otherwise, you don’t need legal advice before writing a complaint.

To find more information about what to include in your complaint and who to send it to, check out the information here.