Policing and Crime Act 2017

10 (1) Paragraph 5 (duties of Commission on references under paragraph 4: complaints) is amended as follows. E+W

(2) After sub-paragraph (1) insert—

“(1A) The Secretary of State may by regulations provide that the Commission must determine that it is necessary for complaints referred to it that relate to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis to be investigated.

(1B) Regulations under sub-paragraph (1A) may provide that the duty on the Commission applies only in relation to complaints relating to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis that are of a description specified in the regulations.

(1C) Regulations under sub-paragraph (1A) may also provide that, where the Commission is required by the regulations to determine that it is necessary for a complaint to be investigated, paragraph 15 is to apply in relation to the complaint as if sub-paragraphs (4)(a), (4A) and (5A)(b) were omitted.”

(3) In sub-paragraph (2), for the words from “, it may” to the end of the sub-paragraph substitute “—

(a) in a case where the complaint is already being investigated by the appropriate authority on its own behalf (and notwithstanding the Commission's determination), the Commission must refer the complaint back to the appropriate authority for the investigation to be completed, and

(b) in any other case, the Commission may, if it thinks fit, refer the complaint back to the appropriate authority to be dealt with by that authority in accordance with paragraph 6.”

(4) In sub-paragraph (3)(b), for “a possible future investigation of the complaint” substitute “ an investigation of the complaint (whether an existing investigation or a possible future one) ”.

Commencement Information

I1 Sch. 5 para. 10 in force for certain purposes at Royal Assent, see s. 183

I2 Sch. 5 para. 10 in force at 1.2.2020 in so far as not already in force by S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))