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SCHEDULES

SCHEDULE 3U.K.Handling of Complaints and Conduct matters etc.

Part 3U.K.Investigations and subsequent proceedings

Appeals F1... with respect to an investigationE+W

Textual Amendments

F1Words 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)

25(1)This paragraph applies where a complaint has been subjected to—E+W

(a)an investigation by the appropriate authority on its own behalf; or

(b)an investigation under the supervision of the Commission.

(2)The complainant shall have the following rights of appeal [F2to the relevant appeal body] —

(a)a right to appeal on the grounds that he has not been provided with adequate information—

(i)about the findings of the investigation; or

[F3(ii)about any determination of the appropriate authority relating to the taking (or not taking) of action in respect of any matters dealt with in the report on the investigation;]

(b)a right to appeal against the findings of the investigation; F4. . .

[F5(ba)a right of appeal against any determination by the appropriate authority that a person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer [F6or that such a person's performance is, or is not, unsatisfactory];

(c)a right of appeal against any determination by the appropriate authority relating to the taking (or not taking) of action in respect of any matters dealt with in the report; and

(d)a right of appeal against any determination by the appropriate authority under paragraph 24(2)(a) as a result of which it is not required to send the Director of Public Prosecutions a copy of the report;]

and it shall be the duty of the [F7relevant appeal body] to notify the appropriate authority, every person entitled to be kept properly informed in relation to the complaint under section 21 and the person complained against of any appeal brought under this paragraph [F8(except that the duty to notify the appropriate authority does not apply where that authority is the relevant appeal body)].

[F9(2ZA)But the complainant has no right of appeal if the complaint relates to a direction and control matter.]

[F10(2A)In sub-paragraph (2)—

(a)references to the findings of an investigation do not include a reference to findings on a report submitted under paragraph 20A; and

(b)references to the report of an investigation do not include a reference to a report submitted under that paragraph.]

(3)On the bringing of an appeal under this paragraph, the Commission may require the appropriate authority to submit a memorandum to the Commission which—

[F11(za)sets out whether the appropriate authority has determined that a person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer;]

[F12(zb)sets out whether the appropriate authority has determined any such person's performance is, or is not, unsatisfactory;]

[F13(a)sets out what action (if any) the authority has determined that it is required to or will, in its discretion, take in respect of the matters dealt with in the report;]

(c)if the appropriate authority has decided in relation to [F14a person to whose conduct the investigation related] that disciplinary proceedings should not be brought against that person, sets out its reasons for so deciding;[F15 and

(d)if the appropriate authority made a determination under paragraph 24(2)(a) as a result of which it is not required to send the Director of Public Prosecutions a copy of the report, sets out the reasons for that determination;]

and it shall be the duty of the appropriate authority to comply with any requirement under this sub-paragraph.

(4)Where the Commission so requires on the bringing of any appeal under this paragraph in the case of an investigation by the appropriate authority on its own behalf, the appropriate authority shall provide the Commission with a copy of the report of the investigation.

(5)On an appeal under this paragraph, the [F16relevant appeal body] shall determine [F17such of the following as it considers appropriate in the circumstances]—

(a)whether the complainant has been provided with adequate information about the matters mentioned in sub-paragraph (2)(a);

(b)whether the findings of the investigation need to be reconsidered; F4...

[F18(c)whether the appropriate authority—

(i)has made such a determination as is mentioned in sub-paragraph (3)(za) [F19or (zb)] that the [F16relevant appeal body] considers to be appropriate in respect of the matters dealt with in the report, and

(ii)has determined that it is required to or will, in its discretion, take the action (if any) that the [F16relevant appeal body] considers to be so appropriate; and

(d)whether the conditions set out in paragraph 24(2A) and (2B) are satisfied in respect of the report.]

(6)If, on an appeal under this paragraph, the [F20relevant appeal body] determines that the complainant has not been provided with adequate information about any matter[F21—

(a)in a case where the Commission is the relevant appeal body,] the Commission shall give the appropriate authority all such directions as the Commission considers appropriate for securing that the complainant is properly informed[F22; and

(b)in a case where the appropriate authority is the relevant appeal body, that authority shall take such steps as it considers appropriate for securing that the complainant is properly informed.]

(7)Nothing in [F23sub-paragraph (6)(a)] shall authorise the Commission to require the disclosure of any information the disclosure of which to the appellant has been or is capable of being withheld by virtue of regulations made under section 20(5).

(8)If, on an appeal under this paragraph, the Commission determines that the findings of the investigation need to be reconsidered [F24in a case where the Commission is the relevant appeal body], it shall either—

(a)review those findings without an immediate further investigation; or

(b)direct that the complaint be re-investigated[F25; and

in a case where the appropriate authority is the relevant appeal body, that authority shall re-investigate the complaint.]

(9)If, on an appeal under this paragraph, the [F26relevant appeal body] determines that the appropriate authority [F27has not made a determination as to whether there is a case for a person to whose conduct the investigation related to answer that the [F26relevant appeal body] [F28considers appropriate, or determines that the appropriate authority has not made a determination as to whether a person's performance is or is not unsatisfactory, or determines that the appropriate authority] has not determined that it is required to or will, in its discretion, take the action in respect of the matters dealt with in] the report that the [F26relevant appeal body] [F29considers appropriate—

(a)sub-paragraph (9ZA) applies if the Commission is the relevant appeal body; or

(b)sub-paragraph (9ZB) applies if the chief officer of police is the relevant appeal body.

(9ZA)The Commission shall— ]

(a)determine, in the light of that determination, whether or not to make recommendations under paragraph 27; and

(b)make such recommendations (if any) under that paragraph as it thinks fit.

[F30(9ZB)The chief officer of police shall take such action as the chief officer thinks appropriate in relation to the bringing of disciplinary proceedings in respect of the matters dealt with in the report.

(9ZC)If disciplinary proceedings are brought by virtue of sub-paragraph (9ZB), it shall be the duty of the appropriate authority to ensure that they are proceeded with to a proper conclusion.]

[F31(9A)If, on an appeal under this paragraph, the [F32relevant appeal body] determines that the conditions set out paragraph 24(2A) and (2B) are satisfied in respect of the report, [F33 in a case where the Commission is the relevant appeal body it shall direct the appropriate authority to, or in a case where the appropriate authority is the relevant appeal body it shall ] —

(a)F34... notify the Director of Public Prosecutions of the F35... determination, and

(b)F36... send the Director a copy of the report.]

(10)The [F37relevant appeal body] shall give notification of any determination under this paragraph—

(a)to the appropriate authority [F38(unless it is the relevant appeal body)],

(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 [F39relevant appeal body] that to do so might prejudice any proposed review or re-investigation of the complaint, to the person complained against.

(11)[F40In a case where the Commission is the relevant appeal body, it] shall also give notification of any directions given to the appropriate authority under this paragraph—

(a)to the complainant;

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

(c)except in a case where it appears to the Commission that to do so might prejudice any proposed review or re-investigation of the complaint, to the person complained against.

(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 appeals under this paragraph are to be brought;

(b)for the period within which any such appeal must be brought; and

(c)for the procedure to be followed by the [F41relevant appeal body] when dealing with or disposing of any such appeal.

Textual Amendments

F3Sch. 3 para. 25(2)(a)(ii) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 17(2)(a) (with s. 14(1)); S.I. 2008/2993, art. 2(1)(i)(i) (subject to art. 3)

F4Word in Sch. 3 para. 25(2)(b)(5)(b) repealed (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 149, 153, Sch. 28 Pt. 8 (with s. 14(1)); S.I. 2008/2993, art. 2(1)(k)(ii) (subject to art. 3)

F5Sch. 3 para. 25(2)(ba)-(d) substituted (1.12.2008) for Sch. 3 para. 25(2)(c) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 17(2)(b) (with s. 14(1)); S.I. 2008/2993, art. 2(1)(i)(i) (subject to art. 3)

F13Sch. 3 para. 25(3)(a) substituted (1.12.2008) for Sch. 3 para. 25(3)(a)(b) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 17(3)(b) (with s. 14(1)); S.I. 2008/2993, art. 2(1)(i)(i) (subject to art. 3)

F14Words in Sch. 3 para. 25(3)(c) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 17(3)(c) (with s. 14(1)); S.I. 2008/2993, art. 2(1)(i)(i) (subject to art. 3)

F15Sch. 3 para. 25(3)(d) and word inserted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 17(3)(d) (with s. 14(1)); S.I. 2008/2993, art. 2(1)(i)(i) (subject to art. 3)

F17Words in Sch. 3 para. 25(5) inserted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 17(4)(a) (with s. 14(1)); S.I. 2008/2993, art. 2(1)(i)(i) (subject to art. 3)

F18Sch. 3 para. 25(5)(c)(d) substituted (1.12.2008) for Sch. 3 para. 25(5)(c) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 17(4)(b) (with s. 14(1)); S.I. 2008/2993, art. 2(1)(i)(i) (subject to art. 3)

F22Sch. 3 para. 25(6)(b) and preceding word inserted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 20(6)(c); S.I. 2012/2892, art. 2(g) (with art. 6)

F27Words in Sch. 3 para. 25(9) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 17(5) (with s. 14(1)); S.I. 2008/2993, art. 2(1)(i)(i) (subject to art. 3)

F36Word in Sch. 3 para. 25(9A)(b) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 20(11)(d); S.I. 2012/2892, art. 2(g) (with art. 6)

Modifications etc. (not altering text)

Commencement Information

I1Sch. 3 para. 25 wholly in force at 1.4.2004; Sch. 3 para. 25 not in force at Royal Assent see s. 108(2); Sch. 3 para. 25 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 25 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)