SCHEDULES

SCHEDULE 23E+WInvestigation of complaints of police misconduct etc.

12(1)Paragraph 22 (final reports on investigations) is amended as follows.E+W

(2)In sub-paragraph (1) (cases where paragraph 22 applies)—

(a)after paragraph (a) insert “ or ”;

(b)omit paragraph (c).

(3)In sub-paragraph (4) (meaning of appropriate authority in the case of a conduct matter which was formerly a DSI matter) for the words from “a DSI matter” to “or (4)” substitute “ a matter that was formerly a DSI matter but has been recorded as a conduct matter in pursuance of paragraph 21A(5) ”.

(4)At the end insert—

(7)The Secretary of State may by regulations make provision requiring a report on an investigation within paragraph 19C(1)(a) or (b)—

(a)to include such matters as are specified in the regulations;

(b)to be accompanied by such documents or other items as are so specified.

(8)A person who has submitted a report under this paragraph on an investigation within paragraph 19C(1)(a) or (b) must supply the appropriate authority with such copies of further documents or other items in that person's possession as the authority may request.

(9)The appropriate authority may only make a request under sub-paragraph (8) in respect of a copy of a document or other item if the authority—

(a)considers that the document or item is of relevance to the investigation, and

(b)requires a copy of the document or the item for either or both of the purposes mentioned in sub-paragraph (10).

(10)Those purposes are—

(a)complying with any obligation under regulations under section 50(3) or 51(2A) of the 1996 Act which the authority has in relation to any person to whose conduct the investigation related;

(b)ensuring that any such person receives a fair hearing at any disciplinary proceedings in respect of any such conduct of his.

Annotations:

Commencement Information

I2Sch. 23 para. 12(1)-(3) in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(ii) (with art. 3)

I3Sch. 23 para. 12(4) in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 17(b) (with art. 4)

I4Sch. 23 para. 12(4) in force at 1.12.2008 in so far as not already in force by S.I. 2008/2993, art. 2(1)(i)(ii) (with art. 3)