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Denmark: New police complaints system?

01 January 1996

The Danish system through which citizens can make complaints against the police has been criticised for years. The main objection to the system is that the police themselves are too strongly represented and that as a result too many police officers are found not guilty or complaints were judged to be unfounded. From January 1996 complaints will be investigated by the six regional public prosecutors offices under the Ministry of Justice, with the help of a number of deputy prosecutors. In principle they will undertake interrogations and investigations. But under the new Administration of Justice Act the public prosecutor can request assistance the national commission of the police allowing police officers to conduct the investigation. Moreover, the police will be able to - on their own initiative - take steps of an investigatory nature. The new aspect of the reform is that the prosecutors offices, following the investigation take the final decision - although a disciplinary action must be sanctioned by the local chief constable. A police complaints committee will be set up in each of the six regions consisting of a lawyer and two laypeople. It will be informed of the steps taken in the investigation and the decisions of the public prosecutor. If there is a disagreement between the committee and the public prosecutor on the outcome of a complaint the matter will go to the courts. In 1994 there were 448 complaints (as against 331 in 1990), most of them from Copenhagen citizens. Of the cases decided in 1994 eight ended in a court case, 50 with a full or partial apology and 10 cases were transferred to the penal system. The extent of police misbehaviour however is said to be much higher as many people do not bother to complain as they do not trust the system. The question now is whether this latest reform will lead to any real change and whether there will be less distrust in the community. The Administration of Justice Act, para 1019-1021H.