The Independent Police Complaints Commission (Transitional Provisions) Order 2004

Repeated complaints

4.—(1) No complaint shall be recorded by a police authority or chief officer under paragraph 2(6) of Schedule 3 to the 2002 Act if that authority or officer is satisfied that the subject-matter of the complaint was previously submitted to the appropriate authority under section 67 of the Police Act 1996, and as respects that complaint, either—

(a) the requirements of section 74 or 75 of the Police Act 1996 (steps to be taken after investigation) were complied with;

(b) the complaint was informally resolved in accordance with the Police (Complaints) (Informal Resolution) Regulations 1985(1) or regulation 19 of the National Crime Squad (Complaints) Regulations 1998(2);

(c) the Authority, under regulation 3 of the Police (Anonymous, Repetitious Etc. Complaints) Regulations 1985(3) or regulation 4 of the National Crime Squad (Dispensation from Requirement to Investigate Complaints) Regulations 2003(4) dispensed with the requirements of Chapter 1 of Part 4 of the Police Act 1996;

(d) the complainant gave notification that he withdrew the complaint; or

(e) the appropriate authority concluded that the complaint did not fall to be recorded under section 68(1) of the Police Act 1996.

(2) Paragraph 3(3) of Schedule 3 to the 2002 Act (right to appeal to the Commission against a failure by the police authority or chief officer to record anything etc) shall not apply in relation to a complaint which falls within paragraph (1) of this article.

(1)

S.I. 1985/671; these Regulations have effect as if made under section 81 of the Police Act 1996.

(2)

S.I. 1998/638; regulation 19 was inserted by S.I. 1999/1266; these Regulations are revoked from 1st April 2004 by regulation 29(5)(a) of the Police (Complaints and Misconduct) Regulations 2004 (S.I. 2004/643).

(3)

S.I. 1985/672 as amended by S.I. 1990/1301; these Regulations have effect as if made under section 81of the Police Act 1996 and by virtue of S.I. 1990/1301 they may be cited as the Police (Dispensation from Requirement to Investigate Complaints) Regulations 1985.

(4)

S.I. 2003/2601; these Regulations are revoked from 1st April 2004 by regulation 29(5)(e) of the Police (Complaints and Misconduct) Regulations 2004.