The Police (Complaints and Misconduct) Regulations 2020

1. Introductory Text

2. PART 1 Preliminary

   1. 1. Citation, commencement, interpretation and application

   2. 2. Revocation and transitional and saving provisions

3. PART 2 Handling of complaints, conduct matters and DSI matters

   1. 3. Recording of complaints: copies of complaints etc.

   2. 4. Reference of complaints to the Director General

   3. 5. Complaints relating to the conduct of chief officers etc.

   4. 6. Handling of complaints by the appropriate authority: exception to the duty to investigate

   5. 7. Recording and reference of conduct matters

   6. 8. Recordable conduct matters relating to the conduct of chief officers etc.

   7. 9. Reference of DSI Matters

   8. 10. DSI matters relating to the conduct of chief officers etc.

4. PART 3 Investigations and subsequent proceedings

   1. 11. Notification of determination of form of investigation etc: exceptions

   2. 12. Appointment of persons to carry out investigations

   3. 13. Timeliness of investigations

   4. 14. Combining and splitting investigations

   5. 15. Change of form of investigation: provision of documentation and evidence

   6. 16. Special procedure: severity assessment

   7. 17. Special procedure: notification of severity assessment etc.

   8. 18. Special procedure: police friend

   9. 19. Special procedure: revision of severity assessment

   10. 20. Special procedure: representations to the person investigating

   11. 21. Special procedure: interview of the person concerned

   12. 22. Special procedure: duty to provide information to appropriate authority

   13. 23. Police friend: police staff members and designated police volunteers

   14. 24. Accelerated procedure: statement and report

   15. 25. Accelerated procedure: investigations by the appropriate authority on its own behalf

   16. 26. Accelerated procedure: other investigations

   17. 27. Report on investigation

   18. 28. Provision of copy of report on investigation etc. to person to whose conduct the investigation related

   19. 29. Reviews

   20. 30. Recommendations by the Director General or a local policing body

   21. 31. Recommendations by the Director General under paragraph 28A of Schedule 3

   22. 32. Relevant review body

5. PART 4 Keeping the complainant and interested person informed

   1. 33. Matters of which the complainant and interested person must be kept properly informed

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

   3. 35. Exceptions to duties to keep the complainant and interested person informed

   4. 36. Meaning of “relative”

   5. 37. Appropriate authority to notify the Director General of outcome of disciplinary proceedings etc.

6. PART 5 General

   1. 38. Withdrawn complaints

   2. 39. Withdrawn complaints: no written signed notification

   3. 40. Suspension of investigation or other procedure

   4. 41. Resumption of investigation of complaint after criminal proceedings

   5. 42. Complaints and conduct matters relating to the conduct of a person who has ceased to be a person serving with the police

   6. 43. Complaints and conduct matters concerning a person whose identity is unascertained

   7. 44. Records to be kept by local policing bodies and chief officers

   8. 45. Register to be kept by the Director General

   9. 46. Delegation of exercise or performance of powers and duties by chief officers

   10. 47. Definition of “disciplinary proceedings” for the purposes of Part 2 of the 2002 Act in relation to police staff members and designated police volunteers

   11. 48. Local policing body functions in relation to complaints: giving of section 13A notices

   12. 49. Local policing body functions in relation to complaints: withdrawal of section 13A notices

   13. 50. Delegation of exercise or performance of powers and duties by local policing bodies

   14. 51. Manner and time limit of notifications under these Regulations

   15. 52. Application of Part 2 of the 2002 Act etc. to old cases

   16. 53. Amendment of policing protocol

   17. 54. Amendment of the Police (Complaints and Conduct) Regulations 2013

   18. 55. Amendment of the Public Interest Disclosure (Prescribed Persons) Order 2014

7. Signature

8. 1. SCHEDULE 1

      Provisions of the 2002 Act conferring powers under which these Regulations are made

   2. SCHEDULE 2

      Modifications to Part 2 of the 2002 Act and to these Regulations

      1. PART 1 Modifications to Part 2 of the 2002 Act

         1. 1. Modification to section 29 (interpretation of Part 2)

         2. 2. Modifications to Part 3 of Schedule 3 (investigations and subsequent proceedings)

      2. PART 2 Modifications to these Regulations

         1. 3. Modification to regulation 1 (citation, commencement, interpretation and application)

         2. 4. Modification to regulation 16 (special procedure: severity assessment)

         3. 5. Modification to regulation 17 (special procedure: notification of severity assessment etc.)

         4. 6. Modification to regulation 18 (special procedure: police friend)

         5. 7. Modification to regulation 21 (special procedure: interview of the person concerned)

         6. 8. Modification: insertion of regulation 21A

         7. 9. Modification: omission of regulation 22 (special procedure: duty to provide information to appropriate authority)

         8. 10. Modification to regulation 27 (report on investigation)

         9. 11. Modification to regulation 28 (provision of copy of report on investigation etc. to person to whose conduct the investigation related)

         10. 12. Modification to regulation 30 (recommendation by the Director General or a local policing body)

9. Explanatory Note