Police Reform Act 2002

Reference of complaints to the [F1 Director General] E+W

Textual Amendments

F1 Words in Sch. 3 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(2) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)

4 (1) It shall be the duty of the appropriate authority to refer a complaint to the [F1 Director General] if— E+W

(a) the complaint is one alleging that the conduct [F2 or other matter] complained of has resulted in death or serious injury;

(b) the complaint is of a description specified for the purposes of this sub-paragraph in regulations made by the Secretary of State; or

(c) the [F1 Director General] notifies the appropriate authority that [F3 the Director General] requires the complaint in question to be referred to the [F1 Director General] for [F4 the Director General's] consideration.

(2) In a case where there is no obligation under sub-paragraph (1) to make a reference, the appropriate authority may refer a complaint to the [F1 Director General] if that authority considers that it would be appropriate to do so so by reason of—

(a) the gravity of the subject-matter of the complaint; or

(b) any exceptional circumstances.

(3) In a case in which a reference under sub-paragraph (1) or (2) is neither made nor required to be made, a [F5 local policing body] may refer a complaint to the [F1 Director General] if—

(a) it is one in relation to which the chief officer of police of the police force maintained by [F6 that body] is the appropriate authority; and

(b) the [F5 local policing body] considers that it would be appropriate to do so reason of—

(i) the gravity of the subject-matter of the complaint; or

(ii) any exceptional circumstances.

(4) Where there is an obligation under this paragraph to refer a complaint to the [F1 Director General], it must be so referred within such period as may be provided for by regulations made by the Secretary of State.

(5) Subject to sub-paragraph (7), the following powers—

(a) the power of the [F1 Director General] by virtue of sub-paragraph (1)(c) to require a complaint to be referred to [F3 the Director General], and

(b) the power of a [F7 local policing body] or chief officer to refer a complaint to the [F1 Director General] under sub-paragraph (2) or (3),

shall each be exercisable at any time irrespective of whether the complaint is already being investigated by any person or has already been considered by the [F1 Director General].

[F8 (5A) The power of an appropriate authority to refer a complaint to the [F1 Director General] under sub-paragraph (2) is also exercisable after a complaint has been handled in accordance with this Schedule if a recommendation is made under paragraph 6A(6)(a) or 25(4E)(b) (recommendation on a review).]

(6) A [F9 local policing body] or chief officer which refers a complaint to the [F1 Director General] under this paragraph shall give a notification of the making of the reference—

(a) to the complainant, and

(b) except in a case where it appears to [F10 that body] or chief officer that to do so might prejudice [F11 an investigation of the complaint (whether an existing investigation or a possible future one)], to the person complained against [F12 (if any)].

[F13 (6A) A local policing body which refers a complaint to the [F1 Director General] under sub-paragraph (3) shall also give a notification of the making of the reference to the appropriate authority.]

(7) A complaint that has already been referred to the [F14 Director General] under this paragraph on a previous occasion [F15 , or that has been treated as having been so referred by virtue of paragraph 4A]—

(a) shall not be required to be referred again under this paragraph unless the [F1 Director General] so directs; and

(b) shall not be referred in exercise of any power conferred by this paragraph unless the [F1 Director General] consents.

F16 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17 (9) The appropriate authority must record any complaint that is referred to the [F1 Director General] under this paragraph that has not already been recorded.]

Textual Amendments

F2 Words in Sch. 3 para. 4(1)(a) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 4 para. 7(3); S.I. 2020/5, reg. 2(m) (with art. 3(1)(2)(4))

F3 Words in Sch. 3 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(4) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)

F4 Words in Sch. 3 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(5) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)

F5 Words in Sch. 3 para. 4(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 300(5)(a)(i); S.I. 2011/3019, art. 3, Sch. 1

F6 Words in Sch. 3 para. 4(3)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 300(5)(a)(ii); S.I. 2011/3019, art. 3, Sch. 1

F7 Words in Sch. 3 para. 4(5)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 300(5)(b); S.I. 2011/3019, art. 3, Sch. 1

F8 Sch. 3 para. 4(5A) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 30; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F9 Words in Sch. 3 para. 4(6) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 300(5)(c)(i); S.I. 2011/3019, art. 3, Sch. 1

F10 Words in Sch. 3 para. 4(6)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 300(5)(c)(ii); S.I. 2011/3019, art. 3, Sch. 1

F11 Words in Sch. 3 para. 4(6)(b) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 4(2); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F12 Words in Sch. 3 para. 4(6)(b) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 4 para. 7(4); S.I. 2020/5, reg. 2(m) (with art. 3(1)(2)(4))

F13 Sch. 3 para. 4(6A) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 4(3); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F14 Words in Sch. 3 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(3) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)

F15 Words in Sch. 3 para. 4(7) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 17(2), 183(1)(5)(e); S.I. 2020/5, reg. 2(e) (with art. 3(1)(2)(4))

F16 Sch. 3 para. 4(8) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 4(4); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F17 Sch. 3 para. 4(9) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 4(5); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

Modifications etc. (not altering text)

C1 Sch. 3 para. 4 applied (with modifications) (1.4.2006) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(5)(6), Sch. 3

Commencement Information

I1 Sch. 3 para. 4 wholly in force at 1.4.2004; Sch. 3 para. 4 not in force at Royal Assent see s. 108(2); Sch. 3 para. 4 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 4 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)