http://www.legislation.gov.uk/id/ukpga/2002/30/schedule/3

SCHEDULES

C1 C2SCHEDULE 3Handling of Complaints and Conduct matters etc.

Annotations:

Modifications etc. (not altering text)

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))

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

F2Final reports on investigations: other DSI matters

Annotations:

Amendments (Textual)

Sch. 3 paras. 24A-24C inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 24; S.I. 2005/1521, art. 3(1)(w)

24A

1

This paragraph applies on the completion of an investigation of a DSI matter in respect of which neither the F4Director General nor the appropriate authority has made a determination under paragraph 21A(2) F16, (2A)F6, (2B) or (4).

2

F1The person investigating shall—

a

submit a report on the investigation to the F4Director General; and

b

send a copy of that report to the appropriate authority.

F72A

Sub-paragraph (2)(a) does not apply where the person investigating is the Director General carrying out an investigation personally under paragraph 19, but the Director General must complete a report on the investigation.

3

A person submitting a report F3to the F4Director General under F8sub-paragraph (2) or completing one under sub-paragraph (2A) shall not be prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters in his report as he thinks fit.

F143A

Where a person would contravene section 21A by sending a copy of a report in its entirety to the appropriate authority under sub-paragraph (2)(b), the person must instead send a copy of the report after having removed or obscured the information which by virtue of section 21A the person must not disclose.

4

On receipt of the report F9(or on its completion by the Director General), the F4Director General shall determine whether the report indicates that a person serving with the police may have—

a

committed a criminal offence, or

b

behaved in a manner which would justify the bringing of disciplinary proceedings.

F155

On receipt of the report F10(or on its completion by the Director General), the F4Director General shall also, if F5the Director General considers it appropriate to do so, make a determination as to any matter dealt with in the report, being a determination other than one that F5the Director General is required to make under sub-paragraph (4) or that the appropriate authority may be required to make by virtue of paragraph 24C(3).

F136

But sub-paragraphs (4) and (5) and paragraphs 24B and 24C do not apply, or cease to apply, in relation to a report submitted under sub-paragraph (2) F11or completed under sub-paragraph (2A) if, following the submission F12or completion of the report, the F4Director General determines under section 13B that the DSI matter is to be re-investigated.