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Police Act 1996

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This is the original version (as it was originally enacted).

69Investigation of complaints: standard procedure

(1)If a chief officer of police determines that he is the appropriate authority in relation to a member of a police force—

(a)whose conduct is the subject of a complaint, and

(b)who is not a senior officer,

he shall record the complaint.

(2)After recording a complaint under subsection (1), the chief officer of police shall consider whether the complaint is suitable for informal resolution and may appoint a member of his force to assist him.

(3)A complaint is not suitable for informal resolution unless—

(a)the member of the public concerned gives his consent, and

(b)the chief officer of police is satisfied that the conduct complained of, even if proved, would not justify criminal or disciplinary proceedings.

(4)If it appears to the chief officer of police that the complaint is suitable for informal resolution, he shall seek to resolve it informally and may appoint a member of his force to do so on his behalf.

(5)If it appears to the chief officer of police that the complaint is not suitable for informal resolution, he shall appoint a member of his own or some other force to investigate it formally.

(6)If, after attempts have been made to resolve a complaint informally, it appears to the chief officer of police—

(a)that informal resolution of the complaint is impossible, or

(b)that the complaint is for any other reason not suitable for informal resolution,

he shall appoint a member of his own or some other force to investigate it formally.

(7)A member of a police force may not be appointed to investigate a complaint formally if he has previously been appointed to act in relation to it under subsection (4).

(8)If a chief officer of police requests the chief officer of police of some other force to provide a member of that other force for appointment under subsection (5) or (6), that chief officer shall comply with the request.

(9)Unless the investigation is supervised by the Authority under section 72, the investigating officer shall submit his report on it to the chief officer of police who appointed him.

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