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Police Reform Act 2002

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This is the original version (as it was originally enacted).

Power of the Commission to determine the form of an investigation

This section has no associated Explanatory Notes

15(1)This paragraph applies where—

(a)a complaint or recordable conduct matter is referred to the Commission; and

(b)the Commission determines that it is necessary for the complaint or matter to be investigated.

(2)It shall be the duty of the Commission to determine the form which the investigation should take.

(3)In making a determination under sub-paragraph (2) the Commission shall have regard to the following factors—

(a)the seriousness of the case; and

(b)the public interest.

(4)The only forms which the investigation may take in accordance with a determination made under this paragraph are—

(a)an investigation by the appropriate authority on its own behalf;

(b)an investigation by that authority under the supervision of the Commission;

(c)an investigation by that authority under the management of the Commission;

(d)an investigation by the Commission.

(5)The Commission may at any time make a further determination under this paragraph to replace an earlier one.

(6)Where a determination under this paragraph replaces an earlier determination under this paragraph, or relates to a complaint or matter in relation to which the appropriate authority has already begun an investigation on its own behalf, the Commission may give—

(a)the appropriate authority, and

(b)any person previously appointed to carry out the investigation,

such directions as it considers appropriate for the purpose of giving effect to the new determination.

(7)It shall be the duty of a person to whom a direction is given under sub-paragraph (6) to comply with it.

(8)The Commission shall notify the appropriate authority of any determination that it makes under this paragraph in relation to a particular complaint or recordable conduct matter.

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