SCHEDULES

C2C3SCHEDULE 3Handling of Complaints and Conduct matters etc.

Annotations:
Modifications etc. (not altering text)
C3

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

F11ReviewsF1... with respect to an investigation

Annotations:
Amendments (Textual)
F11

Word in Sch. 3 para. 25 cross-heading substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 33; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F1

Words in Sch. 3 para. 25 heading omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 20(1); S.I. 2012/2892, art. 2(g) (with art. 6)

I1C125

1

This paragraph applies where a complaint has been subjected to—

a

an investigation by the appropriate authority on its own behalf; F24...

F25b

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F81A

But this paragraph does not apply where the person investigating submitted a report on the investigation under provision made by virtue of paragraph 20A(4)(b) and did not (as a result of provision made by virtue of paragraph 20A(4)(a)) submit a further report under paragraph 22(2).

1B

Where this paragraph applies, the complainant has the right to apply to the relevant review body for a review of the outcome of the complaint.

1C

The relevant review body must notify the following of an application for a review under sub-paragraph (1B)—

a

the appropriate authority,

b

every person entitled to be kept properly informed in relation to the complaint under section 21, and

c

the person complained against (if any).

F62

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F62ZA

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F62A

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F63

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F124

Where the relevant review body so requires on the making of an application for a review under sub-paragraph (1B), the appropriate authority must provide the relevant review body with—

a

a copy of the report of the investigation, and

b

such information concerning the authority's determinations under paragraph 24 as is described in a notification given by the relevant review body to the authority.

F94A

On a review applied for under sub-paragraph (1B), the relevant review body must determine whether the outcome of the complaint is a reasonable and proportionate outcome.

4B

In making a determination under sub-paragraph (4A), the relevant review body may review the findings of the investigation.

4C

Where the F4Director General is the relevant review body and the F4Director General finds that the outcome is not a reasonable and proportionate outcome, the F4Director General may—

a

make F5the Director General's own findings (in place of, or in addition to, findings of the investigation);

b

direct that the complaint be re-investigated;

c

make a recommendation to the appropriate authority in respect of any person serving with the police—

i

that the person has a case to answer in respect of misconduct or gross misconduct or has no case to answer in relation to the person's conduct to which the investigation related;

ii

that the person's performance is, or is not, unsatisfactory;

iii

that disciplinary proceedings of the form specified in the recommendation are brought against the person in respect of the person's conduct, efficiency or effectiveness to which the investigation related;

iv

that any disciplinary proceedings brought against that person are modified so as to deal with such aspects of that conduct, efficiency or effectiveness as may be so specified;

d

make a recommendation under paragraph 28ZA.

4D

Where the F4Director General makes a recommendation under sub-paragraph (4C)(c)—

a

the appropriate authority must notify the F4Director General whether it accepts the recommendation and (if it does) set out in the notification the steps that it is proposing to take to give effect to it, and

b

sub-paragraphs (4) to (8) and (9)(b) of paragraph 27 apply in relation to the recommendation as if it had been made under that paragraph.

4E

Where a local policing body is the relevant review body and the local policing body finds that the outcome is not a reasonable and proportionate outcome, the local policing body may—

a

make a recommendation to the appropriate authority that the complaint be re-investigated by the authority on its own behalf;

b

where the complaint has not previously been referred to the F4Director General under paragraph 4, make a recommendation to the appropriate authority that it refer the complaint to the F4Director General under sub-paragraph (2) of that paragraph;

c

make a recommendation to the appropriate authority in respect of any person serving with the police—

i

that the person has a case to answer in respect of misconduct or gross misconduct or has no case to answer in relation to the person's conduct to which the investigation related;

ii

that the person's performance is, or is not, unsatisfactory;

iii

that disciplinary proceedings of the form specified in the recommendation are brought against the person in respect of the person's conduct, efficiency or effectiveness to which the investigation related;

iv

that any disciplinary proceedings brought against that person are modified so as to deal with such aspects of that conduct, efficiency or effectiveness as may be so specified;

d

make a recommendation under paragraph 28ZA.

4F

Sub-paragraph (4G) applies where, on a review applied for under sub-paragraph (1B), the relevant review body determines that the report of the investigation indicates that a criminal offence may have been committed by a person (if any) to whose conduct the investigation related and that—

a

the circumstances are such that, in the opinion of the relevant review body, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions, or

b

any matters dealt with in the report fall within any category of matters prescribed for the purposes of paragraph 24(2B)(b).

4G

Where this sub-paragraph applies—

a

if the F4Director General is the relevant review body, the F4Director General must notify the Director of Public Prosecutions of the determination under sub-paragraph (4F) and send the Director a copy of the report;

b

if a local policing body is the relevant review body, the local policing body must make a recommendation to the appropriate authority that the appropriate authority—

i

notify the Director of Public Prosecutions of the determination under sub-paragraph (4F), and

ii

send the Director a copy of the report.

4H

The Secretary of State may by regulations make further provision about recommendations under sub-paragraph (4E)(a), (b) or (c) or (4G)(b).

4I

The regulations may (amongst other things) authorise the local policing body making the recommendation to require a response to the recommendation.

4J

Where this paragraph applies because the person investigating submitted a report on the investigation under provision made by virtue of paragraph 20A(4)(b) (“the first report”) and a further report under paragraph 22(2), the references in sub-paragraphs (4B) and (4C)(a) to the findings of the investigation do not include a reference to findings on the first report.

F75

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F76

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F77

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F78

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F79

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F79ZA

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F79ZB

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F79ZC

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F79A

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10

The F2relevant F13review body shall give notification of F14the outcome of a review under this paragraph F15and of its reasons for the determination made under sub-paragraph (4A)—

a

to the appropriate authority F16...,

b

to the complainant;

c

to every person entitled to be kept properly informed in relation to the complaint under section 21; and

d

except in a case where it appears to the F3relevant F17review body that to do so might prejudice any F18... re-investigation of the complaint, to the person complained against F10(if any).

F1911

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12

It shall be the duty of the appropriate authority to comply with any directions given to it under this paragraph.

13

The Secretary of State may by regulations make provision—

a

for the form and manner in which F20applications under sub-paragraph (1B) are to be made;

b

for the period within which any such F21application must be made; and

F22c

for the procedure to be followed by the relevant review body when carrying out a review applied for under sub-paragraph (1B).

F2314

In this paragraph references in relation to an investigation to the outcome of the complaint do not include the outcome of any criminal or disciplinary proceedings brought in relation to any matter which was the subject of the investigation.