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Police and Criminal Evidence Act 1984

Status:

This is the original version (as it was originally enacted).

89Supervision of investigations by Authority

(1)The Authority shall supervise the investigation—

(a)of any complaint alleging that the conduct of a police officer resulted in the death of or serious injury to some other person; and

(b)of any other description of complaint specified for the purposes of this section in regulations made by the Secretary of State.

(2)The Authority shall supervise the investigation—

(a)of any complaint the investigation of which they are not required to supervise under subsection (1) above; and

(b)of any matter referred to them under section 88 above,

if they consider that it is desirable in the public interest that they should supervise that investigation.

(3)Where the Authority have made a determination under this section, it shall be their duty to notify it to the appropriate authority.

(4)Where an investigation is to be supervised by the Authority they may require—

(a)that no appointment shall be made under section 85(3) or 86(3) above unless they have given notice to the appropriate authority that they approve the officer whom that authority propose to appoint; or

(b)if such an appointment has already been made and the Authority are not satisfied with the officer appointed, that—

(i)the appropriate authority shall, as soon as is reasonably practicable, select another officer and notify the Authority that they propose to appoint him; and

(ii)the appointment shall not be made unless the Authority give notice to the appropriate authority that they approve that officer.

(5)It shall be the duty of the Secretary of State by regulations to provide that the Authority shall have power, subject to any restrictions or conditions specified in the regulations, to impose requirements as to a particular investigation additional to any requirements imposed by virtue of subsection (4) above; and it shall be the duty of a police officer to comply with any requirement imposed on him by virtue of the regulations.

(6)At the end of an investigation which the Authority have supervised the investigating officer—

(a)shall submit a report on the investigation to the Authority ; and

(b)shall send a copy to the appropriate authority.

(7)After considering a report submitted to them under subsection (6) above, the Authority shall submit an appropriate statement to the appropriate authority.

(8)If it is practicable to do so, the Authority, when submitting the appropriate statement under subsection (7) above, shall send a copy to the officer whose conduct has been investigated.

(9)If—

(a)the investigation related to a complaint; and

(b)it is practicable to do so,

the Authority shall also send a copy of the appropriate statement to the person by or on behalf of whom the complaint was made.

(10)In subsection (7) above " appropriate statement" means a statement—

(a)whether the investigation was or was not conducted to the Authority's satisfaction;

(b)specifying any respect in which it was not so conducted ; and

(c)dealing with any such other matters as the Secretary of State may by regulations provide.

(11)The power to issue an appropriate statement includes power to issue separate statements in respect of the disciplinary and criminal aspects of an investigation,

(12)No disciplinary charge shall be brought before the appropriate statement is submitted to the appropriate authority.

(13)Subject to subsection (14) below, neither the appropriate authority nor the Director of Public Prosecutions shall bring criminal proceedings before the appropriate statement is submitted to the appropriate authority.

(14)The restriction imposed by subsection (13) above does not apply if it appears to the Director that there are exceptional circumstances which make it undesirable to wait for the submission of the appropriate statement.

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