The Police (Complaints and Misconduct) Regulations 2012

Appeals

11.—(1) This regulation applies to an appeal under any of the following provisions of Schedule 3 to the 2002 Act—

(a) paragraph 3(3) (appeal against a failure to notify or record a complaint);

(b) paragraph 7(8) (appeal against a decision to handle a complaint otherwise than in accordance with the Schedule or take no action in relation to it);

(c) paragraph 8A(1) (appeal against the outcome of a complaint subjected to local resolution or handled otherwise than in accordance with the Schedule);

(d) paragraph 21(7) (appeal against a decision to discontinue an investigation); and

(e) paragraph 25(2) (appeal in relation to an investigation).

(2) Where a local policing body or chief officer notifies the complainant of a decision which is or may be capable of appeal under any of the provisions in paragraph (1), the local policing body or chief officer shall at the same time notify the complainant in writing of—

(a) the existence of the right of appeal;

(b) the identity of the relevant appeal body or, in a case to which paragraph 3 of Schedule 3 applies, the fact that the appeal is to the Commission;

(c) where the appropriate authority has determined that the Commission is the relevant appeal body, the sub-paragraph of regulation 30(2) relied upon in making that determination;

(d) where the appropriate authority has determined that the chief officer is the relevant appeal body, the fact that there is no right of appeal to the Commission; and

(e) the time limit for making an appeal mentioned in paragraph (3).

(3) Subject to paragraphs (4) and (5), an appeal shall be made within a period of 28 days commencing on the day after the date of the letter giving notification under paragraph (2).

(4) For the purposes of the time period mentioned in paragraph (3), the following shall be left out of account—

(a) any time elapsing between the appeal being received by the Commission under paragraph 31(1)(a) of Schedule 3 to the 2002 Act and being forwarded to the appropriate authority under paragraph 31(2)(a) of that Schedule;

(b) any time elapsing between the appeal being received by the appropriate authority under paragraph 32(1)(a) of that Schedule and being forwarded to the Commission under paragraph 32(2)(a) of that Schedule.

(5) The relevant appeal body or, in a case of an appeal under paragraph 3 of Schedule 3, the Commission may extend the time period mentioned in paragraph (3) in any case where it is satisfied that by reason of the special circumstances of the case it is just to do so.

(6) Subject to paragraph (7), an appeal shall be made in writing and shall state—

(a) details of the complaint;

(b) the date on which the complaint was made;

(c) the name of the police force or local policing body whose decision is the subject of the appeal;

(d) the grounds for the appeal; and

(e) the date on which notification was given under paragraph (2).

(7) Where the relevant appeal body or, in the case of an appeal under paragraph 3 Schedule 3, the Commission receives an appeal which fails to comply with one or more of the requirements mentioned in paragraph (6), it may decide to proceed as if those requirements had been complied with.

(8) Where the Commission receives an appeal it shall—

(a) in the case of an appeal under paragraph 3 of Schedule 3, notify the local policing body or chief officer concerned of the appeal as soon as reasonably practicable; and

(b) in that or any other case, request any information from any person which it considers necessary to dispose of the appeal.

(9) Any person receiving a request under paragraph (8)(b) shall supply to the Commission the information requested.

(10) The relevant appeal body or, in the case of an appeal under paragraph 3 of Schedule 3, the Commission shall determine the outcome of the appeal as soon as practicable.

(11) The relevant appeal body or, in the case of an appeal under paragraph 3 of Schedule 3, the Commission shall notify the complainant of the reasons for its determination, and the Commission—

(a) in the case of an appeal under the said paragraph 3, shall also notify the local policing body or chief officer concerned; and

(b) in a case where it is the relevant appeal body, shall also notify the appropriate authority.

(12) In the case of an appeal other than one under paragraph 3 of Schedule 3—

(a) where the Commission is the relevant appeal body—

(i) it shall notify the complainant of any direction it gives to the appropriate authority as to the future handling of the complaint; and

(ii) subject to paragraph (13), the appropriate authority shall notify the person complained against of any such direction;

(b) where the chief officer is the relevant appeal body, he shall notify the complainant and the person complained against of the action that he proposes to take in relation to the complaint.

(13) An appropriate authority may decide not to make a notification under paragraph (12)(a)(ii) if it is of the opinion that to do so might prejudice any criminal investigation or pending proceedings or would otherwise be contrary to the public interest.