The Police (Complaints and Misconduct) Regulations 2020

Manner in which duties to keep the complainant and interested person informed are to be performed

34.—(1) In accordance with sections 20(5) and 21(10) of the 2002 Act (duties to keep the complainant informed and provide information for interested persons)(1), the following provisions of this regulation specify the manner in which the duties imposed on the Director General and appropriate authority by those sections are to be performed.

(2) The Director General or appropriate authority (as the case may be) must inform the complainant or interested person of—

(a) the progress of the handling of the complaint, recordable conduct matter or DSI matter and any of the matters mentioned in regulation 33(2)(b) (progress of criminal proceedings etc.) promptly and in any event—

(i) if there has been no previous notification, within four weeks of the start of the handling of the complaint, proceedings or process, and

(ii) in any other case, within four weeks of the previous notification;

(b) the following matters—

(i) the outcome of the handling of the complaint, recordable conduct matter or DSI matter;

(ii) the matter mentioned in regulation 33(2)(c) (outcome of criminal proceedings etc.), and

(iii) the matters mentioned in regulation 33(2)(d) (fact and outcome of appeal against outcome of criminal proceedings etc.),

promptly and in any event within five working days of the outcome (and, where applicable, the bringing of the appeal).

(3) The information required by paragraph (2) must be given in writing, unless, in the case of a complaint, the complaint—

(a) was made otherwise than in writing, and

(b) is being handled otherwise than in accordance with Schedule 3(2).

(4) The appropriate authority must inform the complainant in writing of—

(a) any right to apply for a review conferred on the complainant by paragraph 6A or 25 Schedule 3 (reviews), and

(b) the matters mentioned in regulation 33(2)(a) (matters relating to right to apply for a review),

promptly and in any event within five working days of the outcome of the handling of the complaint.

(5) In performing the duties imposed by sections 20(1), (2) and (3A) and 21(6), (7) and (8A) of the 2002 Act(3), the Director General or appropriate authority (as the case may be) must determine whether it is appropriate to offer, or grant a request for, a meeting with a complainant or interested person.

(6) As soon as practicable after any such meeting, the Director General or appropriate authority (as the case may be) must send the complainant or interested person a written record of the meeting and an account of how any concerns of that person will be addressed.

(1)

Section 20(5) was amended by paragraphs 15 and 26 of Schedule 9 to the Policing and Crime Act 2017; section 21(10) was amended by paragraphs 1 and 7 of Schedule 12 to the Serious Organised Crime and Police Act 2005 and paragraphs 15 and 27 of Schedule 9 to the Policing and Crime Act 2017.

(2)

See paragraph 2(6C) of Schedule 3 (which was inserted by paragraphs 1 and 2 of Schedule 5 to the Policing and Crime Act 2017).

(3)

Subsections (1) and (2) of section 20 were amended by paragraph 47 of Schedule 5, and paragraphs 15 and 26 of Schedule 9, to the Policing and Crime Act 2017; subsection (3A) of section 20 was inserted by sections 15(1) and (2) of that Act; subsections (6) and (7) of section 21 were amended by paragraphs 1 and 7 of Schedule 12 to the Serious Organised Crime and Police Act 2005 and paragraph 47 of Schedule 5, and paragraphs 15 and 27 of Schedule 9, to the Policing and Crime Act 2017; subsection (8A) of section 21 was inserted by sections 15(1) and (6) of the Policing and Crime Act 2017.