Police (Complaints and Conduct) Act 2012

2 Application of Part 2 of the Police Reform Act 2002 to old cases

(1) The Police Reform Act 2002 is amended as follows.

(2) After section 28 insert—

“28A Application of Part 2 to old cases

(1) The Commission may, if it considers that there are exceptional circumstances—

(a) direct that a relevant transitional provision does not apply in relation to a pre-commencement matter, and

(b) direct the appropriate authority to record the matter under this Part.

(2) A “pre-commencement matter” means a matter which—

(a) is a complaint or a conduct matter,

(b) relates to conduct which took place, or circumstances which occurred, before 1 April 2004, and

(c) (apart from this section) is prevented by a relevant transitional provision from being recorded under this Part as a complaint or a conduct matter.

(3) “Relevant transitional provision” means article 2, 3 or 4 of the Independent Police Complaints Commission (Transitional Provisions) Order 2004 (S.I. 2004/671).

(4) The Commission may, if it considers that there are exceptional circumstances, direct that a matter to which subsection (5) applies should be treated as a conduct matter or a DSI matter.

(5) This subsection applies to a matter which—

(a) relates to conduct which took place, or circumstances which occurred, before 1 April 2004,

(b) has been the subject of a relevant complaint, and

(c) would be a conduct matter or a DSI matter if it had not been the subject of a relevant complaint.

(6) “Relevant complaint” means—

(a) a complaint made before 1 April 2004, or

(b) a complaint made on or after that date to which a relevant transitional provision applied.

(7) Where under subsection (1)(a) the Commission directs that a relevant transitional provision does not apply in relation to a pre-commencement matter, that provision does not apply in relation to that matter.

(8) The appropriate authority must comply with a direction under subsection (1)(b).

(9) Where under subsection (4) the Commission directs that a matter should be treated as a conduct matter or a DSI matter, the matter is (subject to any regulations under subsection (10)) to be treated as a conduct matter or a DSI matter for the purposes of this Part (including subsections (1) and (2)) and any provision made under it.

(10) The Secretary of State may by regulations provide for this Part or any provision made under it to apply with such modifications as the Secretary of State thinks fit to a matter in relation to which the Commission has made a direction under subsection (1) or (4).”

(3) In section 12 (definitions of “conduct matter” and “DSI matter”)—

(a) in subsection (2), after “this section,” insert “section 28A and any regulations made under it,”, and

(b) in subsection (2A), after “means” insert “(subject to section 28A and any regulations made under it)”.

(4) In section 29(1), in the definition of “recordable conduct matter”, after paragraph (a) (and the “or” which follows) insert—

“(aa) a conduct matter that is required to be recorded by the appropriate authority under section 28A(8) or has been so recorded;”.