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Police Reform Act 2002

Paragraph 9: Appeals relating to local resolution

85.If the complainant is to consent to the use of local resolution, he must have confidence in the way the process will be applied. Therefore, before agreeing to the use of a local resolution, a complainant will be given a written account of how the process will operate and notice that he will have a right of appeal against what he may see as the improper conduct of a local resolution.

86.This paragraph deals with the duty of the Commission in the handling of an appeal:

  • sub-paragraph (3) provides for the person complained against and the appropriate authority to be given an opportunity to make representations;

  • sub-paragraph (4) requires the Commission to determine whether there has been any contravention of the procedural requirements;

  • if it finds in favour of the complainant, sub-paragraph (5) requires the Commission to give directions to the appropriate authority on the future handling of the complaint and places a duty on the appropriate authority to comply with any direction; and

  • sub-paragraph (6) provides if the Commission determines that the future handling of the complaint should be by investigation, then it shall also determine the type of investigation to apply as provided in paragraph 15.

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