Policing and Crime Act 2017

13 (1) Paragraph 14 (duties of Commission on references under paragraph 13: recordable conduct matters) is amended as follows.

(2) After sub-paragraph (1) insert—

“(1A) The Secretary of State may by regulations provide that the Commission must determine that it is necessary for recordable conduct matters referred to it that relate to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis to be investigated.

(1B) Regulations under sub-paragraph (1A) may provide that the duty on the Commission applies only in relation to recordable conduct matters relating to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis that are of a description specified in the regulations.

(1C) Regulations under sub-paragraph (1A) may also provide that, where the Commission is required by the regulations to determine that it is necessary for a recordable conduct matter to be investigated, paragraph 15 is to apply in relation to the matter as if sub-paragraphs (4)(a), (4A) and (5A)(b) were omitted.”

(3) In sub-paragraph (2), for the words from “, it may” to the end of the sub-paragraph substitute “—

(a) in a case where the recordable conduct matter is already being investigated by the appropriate authority on its own behalf (and notwithstanding the Commission’s determination), the Commission must refer the matter back to the appropriate authority for the investigation to be completed, and

(b) in any other case, the Commission may, if it thinks fit, refer the matter back to the appropriate authority to be dealt with by that authority in such manner (if any) as that authority may determine.”

(4) In sub-paragraph (3)(b), for “a possible future investigation of that matter” substitute “an investigation of that matter (whether an existing investigation or a possible future one)”.