Police Reform Act 2002

Local resolution of complaints E+W

8 (1) The arrangements made by the appropriate authority for subjecting any complaint to local resolution may include the appointment of a person who—

(a) is serving with the police, and

(b) is under the direction and control of the chief officer of police of the relevant force,

to secure the local resolution of the complaint.

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

(a) for the different descriptions of procedures that are to be available for dealing with a complaint where it is decided it is to be subjected to local resolution;

(b) for requiring a person complained against in a case in which the complaint is subjected to local resolution to be given an opportunity of commenting, in such manner as may be provided for in the regulations, on the complaint;

(c) for requiring that, on the making of an application in accordance with the regulations, a record of the outcome of any procedure for the local resolution of any complaint is to be given to the complainant.

(3) A statement made by any person for the purposes of the local resolution of any complaint shall not be admissible in any subsequent criminal, civil or disciplinary proceedings except to the extent that it consists of an admission relating to a matter that has not been subjected to local resolution.

(4) If, after attempts have been made to resolve a complaint using local resolution, it appears to the appropriate authority—

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

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

it shall make arrangements for the complaint to be investigated by that authority on its own behalf.

(5) The local resolution of any complaint shall be discontinued if—

(a) any arrangements are made under sub-paragraph (4);

(b) the Commission notifies the appropriate authority that it requires the complaint to be referred to the Commission under paragraph 4; or

(c) the complaint is so referred otherwise than in pursuance of such a notification.

(6) A person who has participated in any attempt to resolve a complaint using local resolution shall be disqualified for appointment under any provision of this Schedule to investigate that complaint, or to assist with the carrying out of the investigation of that complaint.

Annotations:

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Modifications etc. (not altering text)

C1 Sch. 3 para. 8 applied (with modifications) (1.4.2006) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(5)(6), Sch. 3

Commencement Information

I1 Sch. 3 para. 8 wholly in force at 1.4.2004; Sch. 3 para. 8 not in force at Royal Assent see s. 108(2); Sch. 3 para. 8 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 8 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)