Part VII Police complaints and disciplinary proceedings

53 Complaints – informal resolution.

1

The Ombudsman shall consider whether the complaint is suitable for informal resolution and may for that purpose make such investigations as he thinks fit.

2

A complaint is not suitable for informal resolution unless—

a

the complainant gives his consent; and

b

it is not a serious complaint.

3

If it appears to the Ombudsman that the complaint is suitable for informal resolution, he shall refer the complaint to the appropriate disciplinary authority.

4

Where a complaint is referred under subsection (3), the appropriate disciplinary authority shall seek to resolve it informally and may appoint a member of the police force to do so on behalf of the authority.

5

The Chief Constable shall, at the request of the F1Board, provide a member of the police force to be appointed by the F1Board under subsection (4).

6

If, after attempts have been made to resolve a complaint informally, it appears to the appropriate disciplinary authority—

a

that informal resolution of the complaint is impossible; or

b

that the complaint is for any other reason not suitable for informal resolution,

the appropriate disciplinary authority shall notify the Ombudsman accordingly and refer the complaint to him.

7

Subject to subsection (8), no statement made by any person for the purpose of the informal resolution of a complaint shall be admissible in any subsequent criminal, civil or disciplinary proceedings.

8

A statement is not rendered inadmissible by subsection (7) if it consists of or includes an admission relating to a matter which does not fall to be resolved informally.