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Police Reform Act 2002

Changes over time for: Cross Heading: Recording etc. of conduct matters in other cases

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Police Reform Act 2002, Cross Heading: Recording etc. of conduct matters in other cases is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Recording etc. of conduct matters in other casesE+W

11(1)[F1This paragraph applies where—] E+W

(a)a conduct matter comes (otherwise than as mentioned in paragraph 10) to the attention of the [F2local policing body] or chief officer who is the appropriate authority in relation to that matter, and

(b)it appears to the appropriate authority that the conduct involved in that matter falls within sub-paragraph (2),

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Conduct falls within this sub-paragraph if (assuming it to have taken place)—

(a)it appears to have resulted in the death of any person or in serious injury to any person;

(b)a member of the public has been adversely affected by it; or

(c)it is of a description specified for the purposes of this sub-paragraph in regulations made by the Secretary of State.

[F4(3)The appropriate authority must determine whether the matter is one which it or he is required to refer to the [F5Director General] under paragraph 13, or is one which it would be appropriate to so refer.

(3A)In a case where the appropriate authority determines that the matter is one which it or he is required to refer to the [F5Director General] under paragraph 13, or is one which it would be appropriate to so refer, it or he shall record the matter.

(3B)In any other case, the appropriate authority shall determine whether the matter falls within a description of matters specified in regulations made by the Secretary of State for the purposes of this sub-paragraph.

(3C)In a case where the appropriate authority determines that the matter does not fall within such a description, it or he shall record the matter.

(3D)In any other case, the appropriate authority may (but need not) record the matter.

(3E)In a case where the appropriate authority—

(a)records a matter under this paragraph, and

(b)is not required to refer the matter to the [F5Director General] under paragraph 13 and does not do so,

the appropriate authority may deal with the matter in such other manner (if any) as it or he may determine.]

(4)Nothing in [F6sub-paragraph (3A) or (3C)] shall require the appropriate authority to record any conduct matter if it is satisfied that the matter has been, or is already being, dealt with by means of criminal or disciplinary proceedings against the person to whose conduct the matter relates.

F7(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Words in Sch. 3 para. 11(1)(b) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 12(2)(b); S.I. 2012/2892, art. 2(g) (with art. 6)

F4Sch. 3 para. 11(3)-(3E) substituted for Sch. 3 para. 11(3) (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 12(3); S.I. 2012/2892, art. 2(g) (with art. 6)

F5Words in Sch. 3 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(2) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)

F7Sch. 3 para. 11(5) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 17(4), 183(1)(5)(e); S.I. 2020/5, reg. 2(e) (with art. 3(1)(2)(4))

Modifications etc. (not altering text)

C2Sch. 3 para. 11 applied (with modifications) (28.12.2005) by virtue of The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(4)(6), Sch. 3

Commencement Information

I1Sch. 3 para. 11 wholly in force at 1.4.2004; Sch. 3 para. 11 not in force at Royal Assent see s. 108(2); Sch. 3 para. 11 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 11 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

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