Question
Abuse of Power for Sexual Purposes (APSP) – As there is
legislation in England, Wales and Ireland that Chief Constables must refer all
cases of potential APSP to the IOPC/Ombudsman, can the Chief Constable
confirm that he would automatically refer cases of potential APSP to OPONI?
And if not, how many times has the Chief Constable used discretion not to
refer potential cases of APSP to OPONI in each of the past three years?
Answer
PSNI’s position is clear: any abuse of position for sexual purposes (APSP) is totally unacceptable. It represents a serious breach of trust, exploits an inherent power imbalance, undermines the legitimacy of policing and there is no place in policing for anyone who abuses their position in this way. This is reflected in PSNI Service Instruction SI3217 – Maintaining Professional Boundaries between Police and Members of the Public, which states: “There is no place in policing for those who abuse their position for sexual purposes.”
In line with that position, it can be confirmed that all cases of potential APSP would be referred to the Office of the Police Ombudsman for Northern Ireland by way of a Section 55 referral. SI3217 sets out that where potential breaches concerning the abuse of position for sexual or emotional gain come to light, they will be referred to the Police Ombudsman’s Office for investigation.
In respect of the question on discretion, there are no cases when PSNI have used discretion not to refer potential APSP cases to OPONI in each of the past three years.
Performance Committee