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Police, Public Order and Criminal Justice (Scotland) Act 2006

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This is the original version (as it was originally enacted).

34“Relevant complaint” and “person serving with the police”
This section has no associated Explanatory Notes

(1)In this Chapter, “relevant complaint” means a complaint which is given or sent by any of the persons mentioned in subsection (6) to the appropriate authority in relation to the complaint.

(2)In subsection (1), “complaint” means a written statement expressing dissatisfaction about an act or omission—

(a)by a police authority;

(b)by a joint police board;

(c)by a police force;

(d)by the Authority;

(e)by the Agency; or

(f)by a person who, at the time of the act or omission, was a person serving with the police.

(3)But “complaint” does not include—

(a)any statement made by a person serving with, or who has served with, the police, about the terms and conditions of that person’s service with the police; or

(b)a statement which consists of or includes an allegation of an act or omission which constitutes a crime.

(4)An act or omission need not be one occurring in the course of a person’s duty, employment or appointment (as the case may be) in order to fall within subsection (2)(f).

(5)A complaint need not identify a person serving with the police who is the subject of the complaint in order to fall within subsection (2)(f).

(6)The persons referred to in subsection (1) are—

(a)a member of the public who claims to be the person in relation to whom the act or omission took place;

(b)a member of the public not falling within paragraph (a) who claims to have been adversely affected by the act or omission;

(c)a member of the public who claims to have witnessed the act or omission;

(d)a person acting on behalf of a person falling within any of paragraphs (a) to (c).

(7)For the purposes of this section, a person is serving with the police if the person—

(a)is a constable of a police force;

(b)is employed or appointed by virtue of section 9 of the 1967 Act (employment otherwise than as a constable) by a police authority or a joint police board;

(c)is a member of the staff of the Authority; or

(d)is a member of the Agency,

and related expressions are to be construed accordingly.

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