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Police Reform Act 2002

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Appeals to the Commission with respect to an investigationE+W

This sectionnoteType=Explanatory Notes has no associated

25(1)This paragraph applies where a complaint has been subjected to—

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

(b)an investigation under the supervision of the Commission.

(2)The complainant shall have the following rights of appeal to the Commission—

(a)a right to appeal on the grounds that he has not been provided with adequate information—

(i)about the findings of the investigation; or

[F1(ii)about any determination of the appropriate authority relating to the taking (or not taking) of action in respect of any matters dealt with in the report on the investigation;]

(b)a right to appeal against the findings of the investigation; F2. . .

[F3(ba)a right of appeal against any determination by the appropriate authority that a person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer;

(c)a right of appeal against any determination by the appropriate authority relating to the taking (or not taking) of action in respect of any matters dealt with in the report; and

(d)a right of appeal against any determination by the appropriate authority under paragraph 24(2)(a) as a result of which it is not required to send the Director of Public Prosecutions a copy of the report;]

and it shall be the duty of the Commission to notify the appropriate authority, every person entitled to be kept properly informed in relation to the complaint under section 21 and the person complained against of any appeal brought under this paragraph.

[F4(2A)In sub-paragraph (2)—

(a)references to the findings of an investigation do not include a reference to findings on a report submitted under paragraph 20A; and

(b)references to the report of an investigation do not include a reference to a report submitted under that paragraph.]

(3)On the bringing of an appeal under this paragraph, the Commission may require the appropriate authority to submit a memorandum to the Commission which—

[F5(za)sets out whether the appropriate authority has determined that a person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer;]

[F6(a)sets out what action (if any) the authority has determined that it is required to or will, in its discretion, take in respect of the matters dealt with in the report;]

(c)if the appropriate authority has decided in relation to [F7a person to whose conduct the investigation related] that disciplinary proceedings should not be brought against that person, sets out its reasons for so deciding;[F8 and

(d)if the appropriate authority made a determination under paragraph 24(2)(a) as a result of which it is not required to send the Director of Public Prosecutions a copy of the report, sets out the reasons for that determination;]

and it shall be the duty of the appropriate authority to comply with any requirement under this sub-paragraph.

(4)Where the Commission so requires on the bringing of any appeal under this paragraph in the case of an investigation by the appropriate authority on its own behalf, the appropriate authority shall provide the Commission with a copy of the report of the investigation.

(5)On an appeal under this paragraph, the Commission shall determine [F9such of the following as it considers appropriate in the circumstances]

(a)whether the complainant has been provided with adequate information about the matters mentioned in sub-paragraph (2)(a);

(b)whether the findings of the investigation need to be reconsidered; F2. . .

[F10(c)whether the appropriate authority—

(i)has made such a determination as is mentioned in sub-paragraph (3)(za) that the Commission considers to be appropriate in respect of the matters dealt with in the report, and

(ii)has determined that it is required to or will, in its discretion, take the action (if any) that the Commission considers to be so appropriate; and

(d)whether the conditions set out in paragraph 24(2A) and (2B) are satisfied in respect of the report.]

(6)If, on an appeal under this paragraph, the Commission determines that the complainant has not been provided with adequate information about any matter, the Commission shall give the appropriate authority all such directions as the Commission considers appropriate for securing that the complainant is properly informed.

(7)Nothing in sub-paragraph (6) shall authorise the Commission to require the disclosure of any information the disclosure of which to the appellant has been or is capable of being withheld by virtue of regulations made under section 20(5).

(8)If, on an appeal under this paragraph, the Commission determines that the findings of the investigation need to be reconsidered, it shall either—

(a)review those findings without an immediate further investigation; or

(b)direct that the complaint be re-investigated.

(9)If, on an appeal under this paragraph, the Commission determines that the appropriate authority [F11has not made a determination as to whether there is a case for a person to whose conduct the investigation related to answer that the Commission considers appropriate or has not determined that it is required to or will, in its discretion, take the action in respect of the matters dealt with in] the report that the Commission considers appropriate, the Commission shall—

(a)determine, in the light of that determination, whether or not to make recommendations under paragraph 27; and

(b)make such recommendations (if any) under that paragraph as it thinks fit.

[F12(9A)If, on an appeal under this paragraph, the Commission determines that the conditions set out paragraph 24(2A) and (2B) are satisfied in respect of the report, it shall direct the appropriate authority—

(a)to notify the Director of Public Prosecutions of the Commission's determination, and

(b)to send the Director a copy of the report.]

(10)The Commission shall give notification of any determination under this paragraph—

(a)to the appropriate authority,

(b)to the complainant;

(c)to every person entitled to be kept properly informed in relation to the complaint under section 21; and

(d)except in a case where it appears to the Commission that to do so might prejudice any proposed review or re-investigation of the complaint, to the person complained against.

(11)The Commission shall also give notification of any directions given to the appropriate authority under this paragraph—

(a)to the complainant;

(b)to every person entitled to be kept properly informed in relation to the complaint under section 21; and

(c)except in a case where it appears to the Commission that to do so might prejudice any proposed review or re-investigation of the complaint, to the person complained against.

(12)It shall be the duty of the appropriate authority to comply with any directions given to it under this paragraph.

(13)The Secretary of State may by regulations make provision—

(a)for the form and manner in which appeals under this paragraph are to be brought;

(b)for the period within which any such appeal must be brought; and

(c)for the procedure to be followed by the Commission when dealing with or disposing of any such appeal.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

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Commencement Information

I1Sch. 3 para. 25 wholly in force at 1.4.2004; Sch. 3 para. 25 not in force at Royal Assent see s. 108(2); Sch. 3 para. 25 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 25 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

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