Part 1Police

Chapter 2Complaints and misconduct

Supervision of complaints

34“Relevant complaint” and “person serving with the police”

(1)

In this Chapter, “relevant complaint” means a complaint which is given or sent by any of the persons mentioned in subsection (6) to the appropriate authority in relation to the complaint.

(2)

In subsection (1), “complaint” means a written statement expressing dissatisfaction about an act or omission—

(a)

by a police authority;

(b)

by a joint police board;

(c)

by a police force;

(d)

by the Authority;

(e)

by the Agency; or

(f)

by a person who, at the time of the act or omission, was a person serving with the police.

(3)

But “complaint” does not include—

(a)

any statement made by a person serving with, or who has served with, the police, about the terms and conditions of that person's service with the police; or

(b)

a statement which consists of or includes an allegation of an act or omission which constitutes a crime.

(4)

An act or omission need not be one occurring in the course of a person's duty, employment or appointment (as the case may be) in order to fall within subsection (2)(f).

(5)

A complaint need not identify a person serving with the police who is the subject of the complaint in order to fall within subsection (2)(f).

(6)

The persons referred to in subsection (1) are—

(a)

a member of the public who claims to be the person in relation to whom the act or omission took place;

(b)

a member of the public not falling within paragraph (a) who claims to have been adversely affected by the act or omission;

(c)

a member of the public who claims to have witnessed the act or omission;

(d)

a person acting on behalf of a person falling within any of paragraphs (a) to (c).

(7)

For the purposes of this section, a person is serving with the police if the person—

(a)

is a constable of a police force;

(b)

is employed or appointed by virtue of section 9 of the 1967 Act (employment otherwise than as a constable) by a police authority or a joint police board;

(c)

is a member of the staff of the Authority; or

(d)

is a member of the Agency,

and related expressions are to be construed accordingly.