SCHEDULES
C1C2SCHEDULE 3Handling of Complaints and Conduct matters etc.
Sch. 3 applied (with modifications) by 1984 c. 55, ss. 56A-56C (as inserted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 53(1), 170(4)(c); S.I. 2023/362, reg. 3(1)(v))
Part 3Investigations and subsequent proceedings
F1Special procedure where investigation relates to police officer or special constable
Sch. 3 paras. 19A-19E inserted (3.11.2008 for the purpose of making regulations and 1.12.2008 otherwise) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 5 (with s. 14(1)); S.I. 2008/2712, art. 2, Sch. para. 17(b) (subject to arts. 3, 4); S.I. 2008/2993, art. 2(1)(i)(ii) (with art. 3)
F519A
1
This paragraph applies to an investigation where condition A, B or C is satisfied.
2
Condition A is that—
a
the investigation is an investigation of a complaint, and
b
during the course of the investigation it appears to the person investigating F3or, in the case of an investigation by a designated person under paragraph 19, the Director General, that there is an indication that a member of a police force, or a special constable, to whose conduct the investigation relates may have committed a criminal offence or behaved in a manner which would justify the bringing of disciplinary proceedings.
3
Condition B is that—
a
the investigation is an investigation of a complaint being carried out by a person appointed under paragraph 18, and
b
during the course of the investigation the F2Director General determines that there is an indication that a member of a police force, or a special constable, to whose conduct the investigation relates may have committed a criminal offence or behaved in a manner which would justify the bringing of disciplinary proceedings.
4
Condition C is that—
a
the investigation is an investigation of a recordable conduct matter, and
b
the investigation relates to the conduct of a member of a police force or a special constable.
5
Where this paragraph applies to an investigation the person investigating must proceed with the investigation in accordance with regulations made by the Secretary of State under this sub-paragraph.
6
Regulations under sub-paragraph (5) may (amongst other things) make provision—
a
as to the procedure to be followed in connection with any interview of the person concerned, including provision requiring the person concerned to attend an interview;
b
requiring the person investigating to supply information to the appropriate authority.
7
In this paragraph “the person concerned”—
a
in relation to an investigation of a complaint, means the person in respect of whom it appears to the person investigating F4or, in the case of an investigation by a designated person under paragraph 19, the Director General, that there is the indication mentioned in sub-paragraph (2)(b) or (as the case may be) the person in respect of whom the F2Director General determines that there is the indication mentioned in sub-paragraph (3)(b);
b
in relation to an investigation of a recordable conduct matter, means the person to whose conduct the investigation relates.
Sch. 3 modified (15.12.2017) by S.I. 2012/1204, Sch. Pt. 1 (as inserted by The Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017 (S.I. 2017/1134), reg. 1(1), Sch. 2 (with reg. 2))