http://www.legislation.gov.uk/id/ukpga/2017/3

http://www.legislation.gov.uk/ukpga/2017/3/section/17

Policing and Crime Act 2017

An Act to make provision for collaboration between the emergency services; to make provision about the handling of police complaints and other matters relating to police conduct and to make further provision about the Independent Police Complaints Commission; to make provision for super-complaints about policing; to make provision for the investigation of concerns about policing raised by whistle-blowers; to make provision about police discipline; to make provision about police inspection; to make provision about the powers of police civilian staff and police volunteers; to remove the powers of the police to appoint traffic wardens; to enable provision to be made to alter police ranks; to make provision about the Police Federation; to make provision in connection with the replacement of the Association of Chief Police Officers with the National Police Chiefs' Council; to make provision about the system for bail after arrest but before charge; to make provision about the retention of biometric material; to make provision to enable greater use of modern technology at police stations; to make other amendments to the Police and Criminal Evidence Act 1984; to amend the powers of the police under the Mental Health Act 1983; to extend the powers of the police in relation to maritime enforcement; to make provision for cross-border enforcement; to make provision about the powers of the police to require removal of disguises; to make provision about deputy police and crime commissioners and the Deputy Mayor for Policing and Crime; to make provision to enable changes to the names of police areas; to make provision about the regulation of firearms and pyrotechnic articles; to make provision about the licensing of alcohol; to make provision about the implementation and enforcement of financial sanctions; to amend the Police Act 1996 to make further provision about police collaboration; to make provision about the powers of the National Crime Agency; to make provision for requiring arrested persons to provide details of nationality; to make provision for requiring defendants in criminal proceedings to provide details of nationality and other information; to make provision about the seizure etc of invalid travel documents; to make provision for pardons for convictions etc for certain abolished offences; to make provision to protect the anonymity of victims of forced marriage; to increase the maximum sentences of imprisonment for certain offences of putting people in fear of violence etc; to make provision to combat the sexual exploitation of children and to protect children and vulnerable adults from harm; to make provision about coroners' duties in respect of deaths in state detention; to make provision about the powers of litter authorities in Scotland; and for connected purposes.

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Statute Law Database

2024-04-08

Expert Participation

2023-12-26

Policing and Crime Act 2017

specified provision(s)

The Policing and Crime Act 2017 (Commencement No. 5 and Transitional Provisions) (Amendment) Regulations 2017

reg. 2

Part 2Police complaints, discipline and inspection

CHAPTER 1Police complaints

I1 I217Initiation of investigations by IPCC

1

Schedule 3 to the Police Reform Act 2002 (handling of complaints and conduct matters etc) is amended as follows.

2

In paragraph 4 (reference of complaints to the Commission), in sub-paragraph (7), in the words before paragraph (a), after “occasion” insert “ , or that has been treated as having been so referred by virtue of paragraph 4A ”.

3

After paragraph 4 insert—

4APower of Commission to treat complaint as having been referred
1
The Commission may treat a complaint that comes to its attention otherwise than by having been referred to it under paragraph 4 as having been so referred.
2
Where the Commission treats a complaint as having been referred to it—
a
paragraphs 2 and 4 do not apply, or cease to apply, in relation to the complaint except to the extent provided for by paragraph 4(7), and
b
paragraphs 5, 6, 6A, 15 and 25 apply in relation to the complaint as if it had been referred to the Commission by the appropriate authority under paragraph 4.
3
The Commission must notify the following that it is treating a complaint as having been referred to it—
a
the appropriate authority;
b
the complainant;
c
except in a case where it appears to the Commission that to do so might prejudice an investigation of the complaint (whether an existing investigation or a possible future one), the person complained against (if any).
4
Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a complaint and the complaint has not yet been recorded, the appropriate authority must record the complaint.

4

In paragraph 11 (recording etc of conduct matters otherwise than where conduct matters arise in civil proceedings), omit sub-paragraph (5).

5

In paragraph 13 (reference of conduct matters to the Commission), in sub-paragraph (7), in the words before paragraph (a), after “occasion” insert “ , or that has been treated as having been so referred by virtue of paragraph 13A ”.

6

After paragraph 13 insert—

13APower of Commission to treat conduct matter as having been referred
1
The Commission may treat a conduct matter that comes to its attention otherwise than by having been referred to it under paragraph 13 as having been so referred.
2
Where the Commission treats a conduct matter as having been referred to it—
a
paragraphs 10, 11 and 13 do not apply, or cease to apply, in relation to the matter except to the extent provided for by paragraph 13(7), and
b
paragraphs 14 and 15 apply in relation to the matter as if it had been referred to the Commission by the appropriate authority under paragraph 13.
3
The Commission must notify the following that it is treating a conduct matter as having been referred to it—
a
the appropriate authority;
b
except in a case where it appears to the Commission that to do so might prejudice an investigation of the matter (whether an existing investigation or a possible future one), the person to whose conduct the matter relates.
4
Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a conduct matter and the matter has not yet been recorded, the appropriate authority must record the matter.

7

In paragraph 14A (duty to record DSI matters), omit sub-paragraph (2).

8

In paragraph 14C (reference of DSI matters to the Commission), in sub-paragraph (3), after “occasion” insert “ , or that has been treated as having been so referred by virtue of paragraph 14CA, ”.

9

After paragraph 14C insert—

14CAPower of Commission to treat DSI matter as having been referred
1
The Commission may treat a DSI matter that comes to its attention otherwise than by having been referred to it under paragraph 14C as having been so referred.
2
Where the Commission treats a DSI matter as having been referred to it—
a
paragraphs 14A and 14C do not apply, or cease to apply, in relation to the matter except to the extent provided for by paragraph 14C(3), and
b
paragraphs 14D and 15 apply in relation to the matter as if it had been referred to the Commission by the appropriate authority under paragraph 14C.
3
The Commission must notify the appropriate authority that it is treating a DSI matter as having been referred to it.
4
Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a DSI matter and the matter has not yet been recorded, the appropriate authority must record the matter.

10

In section 29 of the Police Reform Act 2002 (interpretation of Part 2 of that Act), in subsection (1), in paragraph (a) of the definition of “recordable conduct matter”, for “or 11” substitute “ , 11 or 13A ”.

Part 2Police complaints, discipline and inspection

CHAPTER 1Police complaints

I1I217Initiation of investigations by IPCC

1

2

3

4APower of Commission to treat complaint as having been referred

1

2

a

b

3

a

b

c

4

4

5

6

13APower of Commission to treat conduct matter as having been referred

1

2

a

b

3

a

b

4

7

8

9

14CAPower of Commission to treat DSI matter as having been referred

1

2

a

b

3

4

10

I1 I217Initiation of investigations by IPCC