These Regulations consolidate the Police (Complaints and Misconduct) Regulations 2004 (“the 2004 Regulations”) and the various Regulations that have amended the 2004 Regulations. They also make modifications to the provisions of the 2004 Regulations in order to reflect amendments made to the Police Reform Act 2002 (“the 2002 Act”) by the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”). They further modify the provisions of the 2004 Regulations in order to make improvements to the efficiency and effectiveness of the police complaints system.

The provisions of the 2004 Regulations are re-enacted in these Regulations as follows:

These Regulations make the following modifications to the provisions in the 2004 Regulations:

In regulation 1(2) of these Regulations (interpretation), the definition of “appropriate authority” and “police staff member” are changed to reflect changes made by the 2011 Act. Definitions of “disciplinary proceedings” and “misconduct proceedings” are inserted. The former term refers to proceedings in relation to unsatisfactory performance as well as misconduct.

Regulation 4 of these Regulations (reference of complaints to the Commission) re-enacts regulation 2 of the 2004 Regulation with the change that complaints must be referred to the Commission without delay, and in any event not later than specified deadlines which are the same as those imposed by regulation 2 of the 2004 Regulations. Regulations 7 and 8 of these Regulations incorporate the same changes in relation to the referral of conduct matters and death or serious injury matters, respectively.

Regulation 6 of these Regulations (local resolution of complaints) re-enacts regulation 4 of the 2004 Regulations with the change that a record of the outcome of the local resolution of a complaint is to be sent to the complainant automatically, rather than on application, and at the same time the appropriate authority is to inform the complainant of his right of appeal against the outcome. The fact that the person complained against chose not to comment on the complaint does not have to be recorded.

Regulation 12 of these Regulations (manner in which duties to provide information are to be performed) re-enacts regulation 11 of the 2004 Regulations with the change that, where disciplinary proceedings are taken in respect of matters dealt with in an investigation report, the appropriate authority is now required to notify the Commission, as well as the complainant and any interested person, of the outcome of the proceedings, including the fact and outcome of any appeal.

Regulation 24 of these Regulations (appointment of person to carry out investigations) re-enacts regulation 18 of the 2004 Regulations with the change that the prohibition on the appointment of an investigator who is the chief officer or a member of the same police force as the person being investigated, or who works under the management of that person, does not apply where the investigation is of a complaint in relation to a direction and control matter. Further, where the complaint is in relation to a direction and control matter, the fact that a person falls into one of these categories does not of itself provide reasonable cause for concern as to whether the person could act impartially (which would otherwise bar the person from appointment as investigator). In relation to the first of these changes, where the person being investigated is a chief officer, paragraphs 16(4), 17(6) and 18(2) of Schedule 3 to the 2002 Act prohibit the appointment of an investigator who is under the direction and control of that chief officer in any event.

Regulations 27 (complaints or conduct matters concerning a person who has subsequently ceased to serve with the police) and 28 (complaints or conduct matters concerning a person whose identity is unascertained) of these Regulations re-enact regulations 21 and 22 of the 2004 Regulations respectively, with the change that they apply to conduct matters as well as complaints.

Regulation 33 of these Regulations (delegation of powers and duties by chief officer) re-enacts regulation 26 of the 2004 Regulations with the change that it allows powers and duties to be delegated to a member of the police force of at least the rank of chief inspector (or a police staff member of equivalent rank), except in a case where the person whose conduct is in question is a senior officer. In that case, powers and duties can be delegated to another senior officer (or the police staff equivalent).

Regulation 36 of these Regulations (disciplinary proceedings for police staff) changes the way that disciplinary proceedings are defined for the purposes of Part 2 of the 2002 Act. Proceedings for misconduct continue to be classed as disciplinary proceedings, but proceedings for unsatisfactory performance are now also classed as disciplinary proceedings for the purposes of particular provisions of the 2002 Act that concern the giving of advice, recommendations and directions by the Commission. This mirrors the position achieved for police officers by regulations made under sections 50 and 51 of the Police Act 1996.

These Regulations make further minor drafting or consequential changes in re-enacting the provisions of the 2004 Regulations.