Police Act 1996

68 Investigation of complaints: senior officers. E+W

(1) Where a complaint about the conduct of a senior officer—

(a) is submitted to the appropriate authority, or

(b) is sent to the appropriate authority under section 67(3),

the appropriate authority shall record and, subject to subsection (2), investigate it.

(2) If satisfied that the conduct complained of, even if proved, would not justify criminal or disciplinary proceedings, the appropriate authority may deal with the complaint according to the appropriate authority’s discretion.

[F1 (2A) In any other case, subsection (2B) or (3) shall apply.

(2B) If the complaint is about the conduct of the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis—

(a) the appropriate authority shall notify the Secretary of State; and

(b) the Secretary of State shall appoint a person to investigate the complaint.]

(3) In any other case, the appropriate authority shall appoint a member of the appropriate authority’s force or of some other force to investigate the complaint.

(4) If

[F2 (a) in a case where subsection (2B) applies, the Secretary of State, or

(b) in a case where subsection (3) applies, the appropriate authority,]

requests the chief officer of police of a police force to provide a member of his force for appointment under subsection [F3 (2B) or] (3), the chief officer shall comply with the request.

(5) No member of a police force of a rank lower than that of the member whose conduct is the subject of the complaint may be appointed under subsection (3).

(6) Unless an investigation under this section is supervised by the Authority under section 72, the investigating officer shall submit his report on it to the appropriate authority.

Textual Amendments

F1 S. 68(2A)(2B) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 98(2) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F2 Paras. (a)(b) substituted for words in s. 68(4) (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 98(3) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F3 Words in s. 68(4) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 98(3) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.