Police Reform Act 2002

• (a) sums equal to any amounts paid or falling to be paid by it under any provision of this Act (other than paragraph 15); and

• (b) such other sums as appear to him to be appropriate for enabling it to meet the expenses incurred or to be incurred in the carrying out of its or the Director General's functions.

Other receipts by the Commission

15

• (1) The Office shall pay to the Secretary of State all sums received by it (otherwise than under paragraph 14) in the course of, or in connection with, the carrying out of its or the Director General's functions.

• (2) Sub-paragraph (1) shall not apply where the Secretary of State so directs.

• (3) Any sums received by the Secretary of State under this paragraph shall be paid into the Consolidated Fund.

Borrowing

16

The Office shall not borrow money unless authorised to do so (whether generally or specially) by the Secretary of State.

Accounts

17

• (1) The Office shall—

• (a) keep proper accounts and proper records in relation to the accounts;

• (b) prepare in respect of each financial year of the Office a statement of accounts in such form as the Secretary of State may direct; and

• (c) send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of August in the financial year of the Office following that to which the statement relates.

• (2) The Comptroller and Auditor General shall—

• (a) examine, certify and report on every statement received by him by virtue of this paragraph; and

• (b) lay copies of every such statement, and of his report on it, before Parliament.

Financial year of the Commission

18

The following are financial years of the Office—

• (a) the period beginning with the day on which the Office is established and ending with 31st March falling next after that day; and

• (b) every subsequent period of twelve months ending with 31st March.

SCHEDULE 3

Part 1 — Handling of complaints

Duties to preserve evidence relating to complaints

1

• (1) Where a complaint is made about the conduct of a chief officer, it shall be the duty of the local policing body maintaining his force to secure that all such steps as are appropriate for the purposes of Part 2 of this Act are taken, both initially and from time to time after that, for obtaining and preserving evidence relating to the conduct complained of.

• (2) Where—

• (a) a complaint is made to a chief officer about the conduct of a person under his direction and control, or

• (b) a chief officer becomes aware that a complaint about the conduct of a person under his direction or control has been made to the Director General or to a local policing body,

the chief officer shall take all such steps as appear to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the conduct complained of.

• (3) The chief officer’s duty under sub-paragraph (2) must be performed as soon as practicable after the complaint is made or, as the case may be, he becomes aware of it.

• (4) After that, he shall be under a duty, until he is satisfied that it is no longer necessary to do so, to continue to take the steps from time to time appearing to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the conduct complained of.

• (5) It shall be the duty of a local policing body to comply with all such directions as may be given to it by the Director General in relation to the performance of its duty under sub-paragraph (1).

• (6) It shall be the duty of a chief officer to take all such specific steps for obtaining or preserving evidence relating to ... the subject-matter of a complaint as he may be directed to take for the purposes of this paragraph by the local policing body maintaining his force or by the Director General.

Initial handling and recording of complaints

2

• (1) Where a complaint is made to the Director General, the Director General shall give notification of the complaint to the appropriate authority.

• (1A) But the Director General need not give that notification if the Director General considers that there are exceptional circumstances that justify its not being given.

• (2) Where a complaint is made to a local policing body, it shall—

• (a) determine whether or not it is itself the appropriate authority; and

• (b) if it determines that it is not, give notification of the complaint to the person who is.

• (3) Where a complaint is made to a chief officer, he shall—

• (a) determine whether or not he is himself the appropriate authority; and

• (b) if he determines that he is not, give notification of the complaint to the person who is.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Where the Director General, a local policing body or a chief officer gives notification of a complaint under any of sub-paragraphs (1) to (3) ..., the person who gave the notification ... shall notify the complainant—

• (a) that the notification has been given and of what it contained; or

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Where—

• (a) a local policing body determines, in the case of any complaint made to the body, that it is itself the appropriate authority,

• (b) a chief officer determines, in the case of any complaint made to that chief officer, that he is himself the appropriate authority, or

• (c) a complaint is notified to a local policing body or chief officer under this paragraph,

the body or chief officer shall contact the complainant and seek the complainant's views on how the complaint should be handled.

• (6A) A local policing body or chief officer that is subject to the duty in sub-paragraph (6) in relation to a complaint must record the complaint if—

• (a) at any time the complainant indicates a wish for the complaint to be recorded, or

• (b) the local policing body or chief officer determines that the complaint is to be handled in accordance with this Schedule.

• (6B) The local policing body or chief officer must determine that a complaint is to be handled in accordance with this Schedule if—

• (a) the complaint is one alleging that the conduct or other matter complained of has resulted in death or serious injury,

• (b) the complaint is one alleging that there has been conduct by a person serving with the police which (if proved) might constitute the commission of a criminal offence or justify the bringing of disciplinary proceedings,

• (c) the conduct or other matter complained of (if proved) might have involved the infringement of a person's rights under Article 2 or 3 of the Convention (within the meaning of the Human Rights Act 1998), or

• (d) the complaint is of a description specified for the purposes of paragraph 4(1)(b) in regulations made by the Secretary of State.

• (6C) Where a local policing body or chief officer determines (for the purposes of sub-paragraph (6A)) that a complaint is to be handled otherwise than in accordance with this Schedule, the local policing body or chief officer must handle the complaint in such other manner as the local policing body or chief officer considers appropriate with a view to resolving the complaint to the complainant's satisfaction.

(The duty in this sub-paragraph ceases to apply if the complaint is recorded in accordance with sub-paragraph (6A)(a).)

• (6D) Where a local policing body or chief officer records a complaint under sub-paragraph (6A), or determines that a complaint is to be handled otherwise than in accordance with this Schedule, the local policing body or chief officer must notify the complainant of the recording of the complaint or (as the case may be) of the determination.

• (7) Nothing in this paragraph shall require the taking of any action in relation to a complaint if the complaint has been withdrawn.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) If a local policing body or chief officer decides that it or (as the case may be) he is not required to comply with any of sub-paragraphs (2), (3) and (6) to (6C) on the basis of a determination that what purports to be a complaint is not a complaint, the local policing body or chief officer must notify the complainant of the determination and the grounds on which it was made.

• (10) If a local policing body or chief officer determines that part of what has been received (whether directly or by virtue of a notification under this paragraph) is a complaint and part is not, the local policing body or chief officer must proceed under this paragraph as if those two parts had been separately received.

Failures to notify or record a complaint

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reference of complaints to the Commission

4

• (1) It shall be the duty of the appropriate authority to refer a complaint to the Director General if—

• (a) the complaint is one alleging that the conduct or other matter complained of has resulted in death or serious injury;

• (b) the complaint is of a description specified for the purposes of this sub-paragraph in regulations made by the Secretary of State; or

• (c) the Director General notifies the appropriate authority that the Director General requires the complaint in question to be referred to the Director General for the Director General's consideration.

• (2) In a case where there is no obligation under sub-paragraph (1) to make a reference, the appropriate authority may refer a complaint to the Director General if that authority considers that it would be appropriate to do so so by reason of—

• (a) the gravity of the subject-matter of the complaint; or

• (b) any exceptional circumstances.

• (3) In a case in which a reference under sub-paragraph (1) or (2) is neither made nor required to be made, a local policing body may refer a complaint to the Director General if—

• (a) it is one in relation to which the chief officer of police of the police force maintained by that body is the appropriate authority; and

• (b) the local policing body considers that it would be appropriate to do so reason of—

• (i) the gravity of the subject-matter of the complaint; or

• (ii) any exceptional circumstances.

• (4) Where there is an obligation under this paragraph to refer a complaint to the Director General, it must be so referred within such period as may be provided for by regulations made by the Secretary of State.

• (5) Subject to sub-paragraph (7), the following powers—

• (a) the power of the Director General by virtue of sub-paragraph (1)(c) to require a complaint to be referred to the Director General, and

• (b) the power of a local policing body or chief officer to refer a complaint to the Director General under sub-paragraph (2) or (3),

shall each be exercisable at any time irrespective of whether the complaint is already being investigated by any person or has already been considered by the Director General.

• (5A) The power of an appropriate authority to refer a complaint to the Director General under sub-paragraph (2) is also exercisable after a complaint has been handled in accordance with this Schedule if a recommendation is made under paragraph 6A(6)(a) or 25(4E)(b) (recommendation on a review).

• (6) A local policing body or chief officer which refers a complaint to the Director General under this paragraph shall give a notification of the making of the reference—

• (a) to the complainant, and

• (b) except in a case where it appears to that body or chief officer that to do so might prejudice an investigation of the complaint (whether an existing investigation or a possible future one), to the person complained against (if any).

• (6A) A local policing body which refers a complaint to the Director General under sub-paragraph (3) shall also give a notification of the making of the reference to the appropriate authority.

• (7) A complaint that has already been referred to the Director General under this paragraph on a previous occasion , or that has been treated as having been so referred by virtue of paragraph 4A—

• (a) shall not be required to be referred again under this paragraph unless the Director General so directs; and

• (b) shall not be referred in exercise of any power conferred by this paragraph unless the Director General consents.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) The appropriate authority must record any complaint that is referred to the Director General under this paragraph that has not already been recorded.

Duties of Commission on references under paragraph 4

5

• (1) It shall be the duty of the Director General in the case of every complaint referred to the Director General by a local policing body or chief officer, to determine whether or not it is necessary for the complaint to be investigated.

• (1A) The Secretary of State may by regulations provide that the Director General must determine that it is necessary for complaints referred to the Director General that relate to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis to be investigated.

• (1B) Regulations under sub-paragraph (1A) may provide that the duty on the Director General applies only in relation to complaints relating to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis that are of a description specified in the regulations.

• (1C) Regulations under sub-paragraph (1A) may also provide that, where the Director General is required by the regulations to determine that it is necessary for a complaint to be investigated, paragraph 15 is to apply in relation to the complaint as if sub-paragraphs (4)(a), (4A) and (5A)(b) were omitted.

• (2) Where the Director General determines under this paragraph that it is not necessary for a complaint to be investigated —

• (a) in a case where the complaint is already being investigated by the appropriate authority on its own behalf (and notwithstanding the Director General's determination), the Director General must refer the complaint back to the appropriate authority for the investigation to be completed, and

• (b) in any other case, the Director General may, if the Director General thinks fit, refer the complaint back to the appropriate authority to be dealt with by that authority in accordance with paragraph 6.

• (3) Where the Director General refers a complaint back under sub-paragraph (2), the Director General shall give a notification of the making of the reference back—

• (a) to the complainant, and

• (b) except in a case where it appears to the Director General that to do so might prejudice an investigation of the complaint (whether an existing investigation or a possible future one), to the person complained against (if any).

Handling of complaints by the appropriate authority

6

• (1) This paragraph applies where a complaint has been recorded by the appropriate authority.

• (2) But this paragraph does not apply to a complaint if it is one that has been, or must be, referred to the Director General under paragraph 4, unless the complaint is for the time being—

• (a) referred back to the authority under paragraph 5(2)(b), ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2A) The appropriate authority must handle the complaint in such reasonable and proportionate manner as the authority determines.

• (2B) An appropriate authority may handle a complaint in accordance with sub-paragraph (2A) by (amongst other things)—

• (a) making arrangements for the complaint to be investigated by the authority on its own behalf;

• (b) notifying the complainant that no further action is to be taken in relation to the complaint.

• (2C) The appropriate authority must comply with its duty under sub-paragraph (2A) by making arrangements for the complaint to be investigated by the authority on its own behalf if at any time it appears to the authority from the complaint, or from the authority's handling of the complaint to that point, that there is an indication that—

• (a) a person serving with the police may have committed a criminal offence or behaved in a manner that would justify the bringing of disciplinary proceedings, or

• (b) there may have been the infringement of a person's rights under Article 2 or 3 of the Convention (within the meaning of the Human Rights Act 1998).

• (2D) The Secretary of State may by regulations provide for the duty in sub-paragraph (2C) to be subject to exceptions.

• (2E) A statement made by any person for the purposes of the handling of any complaint in accordance with sub-paragraph (2A) otherwise than by the appropriate authority making arrangements for the complaint to be investigated by the authority on its own behalf is not admissible in any subsequent criminal, civil or disciplinary proceedings except to the extent that it consists of an admission relating to a matter that has not been subjected to such handling.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dispensation by the Commission from requirements of Schedule

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local resolution of complaints

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals relating to local resolution

9

• (1) Subject to sub-paragraph (2), a complainant whose complaint has been subjected to local resolution shall have a right of appeal to the Commission against the conduct of the local resolution of that complaint.

• (2) The only matter that shall fall to be determined on an appeal under this paragraph is whether there have been any contraventions of the procedural requirements relating to the local resolution of the complaint.

• (3) Where an appeal is brought under this paragraph, it shall be the duty of the Commission to give both—

• (a) the person complained against, and

• (b) the appropriate authority,

an opportunity of making representations about the matters to which the appeal relates.

• (4) On an appeal under this paragraph, the Commission shall determine whether there have been any contraventions of the procedural requirements relating to the local resolution of the complaint.

• (5) Where the Commission finds in the complainant’s favour on an appeal under this paragraph—

• (a) it shall give such directions as the Commission considers appropriate to the appropriate authority as to the future handling of the complaint; and

• (b) it shall be the duty of the appropriate authority to comply with any directions given to it under this sub-paragraph.

• (6) Where the Commission determines for the purposes of sub-paragraph (5) that the future handling of the complaint should include an investigation, paragraph 15 shall apply as it applies in the case of a determination mentioned in sub-paragraph (1) of that paragraph.

• (7) The Commission—

• (a) shall give notification to the appropriate authority, to the complainant and to the person complained against of any determination made by it under this paragraph; and

• (b) shall give notification to the complainant and to the person complained against of any direction given by it under this paragraph to the appropriate authority.

• (8) 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 Commission when dealing with or disposing of any such appeal.

Part 2 — Handling of conduct matters

Conduct matters arising in civil proceedings

10

• (1) This paragraph applies where—

• (a) a local policing body or chief officer has received notification (whether or not under this paragraph) that civil proceedings relating to any matter have been brought by a member of the public against that body or chief officer, or it otherwise appears to a local policing body or chief officer that such proceedings are likely to be so brought; and

• (b) it appears to that body or chief officer (whether at the time of the notification or at any time subsequently) that those proceedings involve or would involve a conduct matter.

• (2) The authority or chief officer—

• (a) shall consider whether it or, as the case may be, he is the appropriate authority in relation to the conduct matter in question; and

• (b) if it or he is not, shall notify the person who is the appropriate authority about the proceedings, or the proposal to bring them, and about the circumstances that make it appear as mentioned in sub-paragraph (1)(b).

• (3) Where a local policing body or chief officer determines for the purposes of this paragraph that it or, as the case may be, he is the appropriate authority in relation to any conduct matter, it or he shall determine whether the matter is one which it or he is required to refer to the Director General under paragraph 13 or is one which it would be appropriate to so refer.

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

• (4A) 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.

• (4B) 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.

• (4C) In any other case, the appropriate authority may (but need not) record the matter.

• (4D) 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 Director 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.

• (5) Nothing in sub-paragraph (4) or (4B) 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.

• (6) For the purposes of this paragraph civil proceedings involve a conduct matter if—

• (a) they relate to such a matter; or

• (b) they are proceedings that relate to a matter in relation to which a conduct matter, or evidence of a conduct matter, is or may be relevant.

• (7) The Secretary of State may by regulations provide for the times at which, or the periods within which, any requirement of this paragraph is to be complied with; and the period from which any such period is to run shall be such time as may be specified in those regulations or as may be determined in a manner set out in the regulations.

Recording etc. of conduct matters in other cases

11

• (1) This paragraph applies where—

• (a) a conduct matter comes (otherwise than as mentioned in paragraph 10) to the attention of the local 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),

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

• (3) The appropriate authority must determine whether the matter is one which it or he is required to refer to the Director 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 Director 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 Director 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 sub-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.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties to preserve evidence relating to conduct matters

12

• (1) Where a recordable conduct matter that relates to the conduct of a chief officer comes to the attention of the local policing body maintaining his force, it shall be the duty of that body to secure that all such steps as are appropriate for the purposes of Part 2 of this Act are taken, both initially and from time to time after that, for obtaining and preserving evidence relating to that matter.

• (2) Where a chief officer becomes aware of any recordable conduct matter relating to the conduct of a person under his direction and control, it shall be his duty to take all such steps as appear to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to that matter.

• (3) The chief officer’s duty under sub-paragraph (2) must be performed as soon as practicable after he becomes aware of the matter in question.

• (4) After that, he shall be under a duty, until he is satisfied that it is no longer necessary to do so, to continue to take the steps from time to time appearing to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the matter.

• (5) It shall be the duty of a local policing body to comply with all such directions as may be given to it by the Director General in relation to the performance of any duty imposed on it by virtue of sub-paragraph (1).

• (6) It shall be the duty of the chief officer to take all such specific steps for obtaining or preserving evidence relating to any recordable conduct matter as he may be directed to take for the purposes of this paragraph by the local policing body maintaining his force or by the Director General.

Reference of conduct matters to the Commission

13

• (1) It shall be the duty of a local policing body or a chief officer to refer a recordable conduct matter to the Director General if, in a case (whether or not falling within paragraph 10) in which the body or chief officer is the appropriate authority—

• (a) that matter relates to any incident or circumstances in or in consequence of which any person has died or suffered serious injury;

• (b) that matter is of a description specified for the purposes of this sub-paragraph in regulations made by the Secretary of State; or

• (c) the Director General notifies the appropriate authority that the Director General requires that matter to be referred to the Director General for the Director General's consideration.

• (2) In any case where there is no obligation under sub-paragraph (1) to make a reference, the appropriate authority may refer a recordable conduct matter to the Director General if that authority considers that it would be appropriate to do so by reason of—

• (a) the gravity of the matter; or

• (b) any exceptional circumstances.

• (3) In a case in which a reference under sub-paragraph (1) or (2) is neither made nor required to be made, a local policing body maintaining any police force may refer any recordable conduct matter to the Director General if—

• (a) it is one in relation to which the chief officer of police of that force is the appropriate authority; and

• (b) the local policing body considers that it would be appropriate to do so by reason of—

• (i) the gravity of the matter; or

• (ii) any exceptional circumstances.

• (4) Where there is an obligation under this paragraph to refer any matter to the Director General, it must be so referred within such period as may be provided for by regulations made by the Secretary of State.

• (5) Subject to sub-paragraph (7), the following powers—

• (a) the power of the Director General by virtue of sub-paragraph (1)(c) to require a matter to be referred to the Director General, and

• (b) the power of a local policing body or chief officer to refer any matter to the Director General under sub-paragraph (2) or (3),

shall each be exercisable at any time irrespective of whether the matter is already being investigated by any person or has already been considered by the Director General.

• (6) Where—

• (a) a local policing body or chief officer refers a matter to the Director General under this paragraph, and

• (b) that body or chief officer does not consider that to do so might prejudice an investigation of that matter (whether an existing investigation or a possible future one),

that body or chief officer shall give a notification of the making of the reference to the person to whose conduct that matter relates.

• (7) A matter that has already been referred to the Director General under this paragraph on a previous occasion , or that has been treated as having been so referred by virtue of paragraph 13A—

• (a) shall not be required to be referred again under this paragraph unless the Director General so directs; and

• (b) shall not be referred in exercise of any power conferred by this paragraph unless the Director General consents.

Duties of Commission on references under paragraph 13

14

• (1) It shall be the duty of the Director General, in the case of every recordable conduct matter referred to the Director General by a local policing body or chief officer under paragraph 13, to determine whether or not it is necessary for the matter to be investigated.

• (1A) The Secretary of State may by regulations provide that the Director General must determine that it is necessary for recordable conduct matters referred to the Director General that relate to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis to be investigated.

• (1B) Regulations under sub-paragraph (1A) may provide that the duty on the Director General applies only in relation to recordable conduct matters relating to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis that are of a description specified in the regulations.

• (1C) Regulations under sub-paragraph (1A) may also provide that, where the Director General is required by the regulations to determine that it is necessary for a recordable conduct matter to be investigated, paragraph 15 is to apply in relation to the matter as if sub-paragraphs (4)(a), (4A) and (5A)(b) were omitted.

• (2) Where the Director General determines under this paragraph that it is not necessary for a recordable conduct matter to be investigated —

• (a) in a case where the recordable conduct matter is already being investigated by the appropriate authority on its own behalf (and notwithstanding the Director General's determination), the Director General must refer the matter back to the appropriate authority for the investigation to be completed, and

• (b) in any other case, the Director General may, if the Director General thinks fit, refer the matter back to the appropriate authority to be dealt with by that authority in such manner (if any) as that authority may determine.

• (3) Where—

• (a) the Director General refers a matter back to the appropriate authority under this paragraph, and

• (b) the Director General does not consider that to do so might prejudice an investigation of that matter (whether an existing investigation or a possible future one),

the Director General shall give a notification of the making of the reference to the person to whose conduct that matter relates.

Part 3 — Investigations and subsequent proceedings

Power of the Commission to determine the form of an investigation

15

• (1) This paragraph applies where—

• (a) a complaint , recordable conduct matter or DSI matter is referred to the Director General; and

• (b) the Director General determines under paragraph 5(1), 14(1) or 14D(1) that it is necessary for the complaint or matter to be investigated.

• (1A) This paragraph also applies where the Director General determines under paragraph 6A(5)(a) that it is necessary for a complaint to be investigated.

• (2) It shall be the duty of the Director General to determine the form which the investigation should take.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The only forms which the investigation may take in accordance with a determination made under this paragraph are—

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

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) an investigation by that authority under the direction of the Director General;

• (d) an investigation by the Director General.

• (4A) In making a determination under sub-paragraph (2) the Director General must first determine whether, having regard to the seriousness of the case and the public interest, it is appropriate for the investigation to take the form of an investigation by the appropriate authority on its own behalf and if it is the Director General must determine that the investigation is to take that form.

• (4B) Where, in accordance with sub-paragraph (4A), the Director General determines that it is not appropriate for the investigation to take the form of an investigation by the appropriate authority on its own behalf, the Director General must determine that the investigation is to take the form of an investigation by the Director General unless sub-paragraph (4C) applies.

• (4C) This sub-paragraph applies where the Director General determines that it would be more appropriate for the investigation to take the form of an investigation by the appropriate authority under the direction of the Director General, in which case the Director General must determine that the investigation is to take that form.

• (5) Where the Director General determines under sub-paragraph (4C) or (5B) that an investigation is to take the form of an investigation by the appropriate authority under the direction of the Director General, the Director General must keep under review whether that form of investigation continues to be the most appropriate form of investigation.

• (5A) If, on such a review, the Director General determines that—

• (a) it would be more appropriate for the investigation to take the form of an investigation by the Director General, the Director General must make a further determination under this paragraph (to replace the earlier one) that the investigation is instead to take that form;

• (b) having regard to the seriousness of the case and the public interest, it would be more appropriate for the investigation to take the form of an investigation by the appropriate authority on its own behalf, the Director General may make a further determination under this paragraph (to replace the earlier one) that the investigation is instead to take that form.

• (5B) Subject to sub-paragraph (5A), if at any time the Director General determines that, were the Director General to apply sub-paragraphs (4A) to (4C) again, the form of the investigation would be different, the Director General may make a further determination under this paragraph (to replace the earlier one) such that the investigation takes that different form.

• (6) Where a determination under this paragraph replaces an earlier determination under this paragraph, or relates to a complaint or matter in relation to which the appropriate authority has already begun an investigation on its own behalf, the Director General may give—

• (a) the appropriate authority, and

• (b) any person previously appointed to carry out the investigation,

such directions as the Director General considers appropriate for the purpose of giving effect to the new determination.

• (7) It shall be the duty of a person to whom a direction is given under sub-paragraph (6) to comply with it.

• (8) The Director General shall notify the appropriate authority of any determination that the Director General makes under this paragraph in relation to a particular complaint , recordable conduct matter or DSI matter and of the Director General's reasons for making the determination.

• (9) The Director General shall also notify the following of any determination that the Director General makes under this paragraph in relation to a particular complaint, recordable conduct matter or DSI matter and of the Director General's reasons for making the determination—

• (a) every person entitled to be kept properly informed in relation to the complaint or matter under section 21;

• (b) where the determination is made in relation to a complaint, the complainant;

• (c) the person to whose conduct the investigation will relate.

• (10) The duty imposed by sub-paragraph (9) on the Director General in relation to a complaint, recordable conduct matter or DSI matter shall have effect subject to such exceptions as may be provided for by regulations made by the Secretary of State.

• (11) Subsections (6) to (8) of section 20 apply for the purposes of sub-paragraph (10) as they apply for the purposes of that section.

Investigations by the appropriate authority on its own behalf

16

• (A1) This paragraph applies if the appropriate authority, acting in accordance with paragraph 6(2A) or in response to a recommendation under paragraph 6A(6)(b), is to make arrangements for a complaint to be investigated by the appropriate authority on its own behalf.

• (1) This paragraph also applies if the appropriate authority is required by virtue of—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) any determination made by the Director General under paragraph 15,

to make arrangements for a complaint, recordable conduct matter or DSI matter to be investigated by the appropriate authority on its own behalf.

• (2) This paragraph also applies if—

• (a) a determination falls to be made by that authority under paragraph 10(4D), or 11(3E) or 14(2) in relation to any recordable conduct matter or under paragraph 14D(2) in relation to any DSI matter; and

• (b) the appropriate authority determine that it is necessary for the matter to be investigated by the authority on its own behalf.

• (3) Subject to sub-paragraph (4) or (5), it shall be the duty of the appropriate authority to appoint—

• (a) a person serving with the police (whether under the direction and control of the chief officer of police of the relevant force or of the chief officer of another force), or

• (d) a National Crime Agency officer,

to investigate the complaint or matter.

• (4) The person appointed under this paragraph to investigate any complaint or conduct matter—

• (a) in the case of an investigation relating to any conduct of a chief officer, must not be a person under that chief officer’s direction and control; and

• (b) in the case of an investigation relating to any conduct of the Commissioner of Police of the Metropolis or of the Deputy Commissioner of Police of the Metropolis, must be the person nominated by the Secretary of State for appointment under this paragraph.

• (5) The person appointed under this paragraph to investigate any DSI matter—

• (a) in relation to which the relevant officer is a chief officer, must not be a person under that chief officer's direction and control;

• (b) in relation to which the relevant officer is the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis, must be the person nominated by the Secretary of State for appointment under this paragraph.

Investigations supervised by the Commission

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Investigations managed by the Commission

18

• (1) This paragraph applies where the Director General has determined that the Director General should direct the investigation by the appropriate authority of any complaint , recordable conduct matter or DSI matter.

• (2) On being given notice of that determination, the appropriate authority shall, if it has not already done so, appoint—

• (a) a person serving with the police (whether under the direction and control of the chief officer of police of the relevant force or of the chief officer of another force), or

• (b) a National Crime Agency officer,

to investigate the complaint or matter.

• (2A) The Director General may require that no appointment is made under sub-paragraph (2) unless the Director General has given notice to the appropriate authority that the Director General approves the person whom that authority proposes to appoint.

• (2B) Where at any time the Director General is not satisfied with the person investigating, the Director General may require the appropriate authority, as soon as reasonably practicable after being required to do so—

• (a) to select another person falling within sub-paragraph (2)(a) or (b) to investigate the complaint or matter, and

• (b) to notify the Director General of the person selected.

• (2C) Sub-paragraph (2B) applies whether the person investigating was appointed—

• (a) before the appropriate authority was given notice of the Director General's determination that the Director General should direct the investigation by the appropriate authority,

• (b) under sub-paragraph (2) (including where the appointment was approved by the Director General in accordance with sub-paragraph (2A)), or

• (c) under sub-paragraph (2D)(a).

• (2D) Where a selection made in pursuance of a requirement under sub-paragraph (2B) has been notified to the Director General—

• (a) the appropriate authority shall appoint that person to investigate the complaint or matter if, but only if, the Director General notifies the authority that the Director General approves the appointment of that person;

• (b) if the Director General notifies the authority that the Director General does not approve the appointment of that person, the appropriate authority must make another selection in accordance with sub-paragraph (2B).

• (2E) A person appointed under this paragraph to investigate any complaint or conduct matter—

• (a) in the case of an investigation relating to any conduct of a chief officer, must not be a person under that chief officer's direction and control, and

• (b) in the case of an investigation relating to any conduct of the Commissioner of Police of the Metropolis or of the Deputy Commissioner of Police of the Metropolis, must be a person nominated by the Secretary of State for appointment under this paragraph (and approved for appointment in accordance with sub-paragraph (2A) (if required) or (2D)(a)).

• (2F) A person appointed under this paragraph to investigate any DSI matter—

• (a) in relation to which the relevant officer is a chief officer, must not be a person under that chief officer's direction and control, and

• (b) in relation to which the relevant officer is the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis, must be a person nominated by the Secretary of State for appointment under this paragraph (and approved for appointment in accordance with sub-paragraph (2A) (if required) or (2D)(a)).

• (3) The person appointed to investigate the complaint or matter shall, in relation to that investigation, be under the direction and control of the Director General.

• (4) The person appointed to investigate the complaint or matter shall keep the Director General informed of the progress of the investigation.

Investigations by the Commission itself

19

• (1) This paragraph applies where the Director General has determined that the Director General should ... carry out the investigation of a complaint , recordable conduct matter or DSI matter.

• (2) The Director General must designate both—

• (a) a person to take charge of the investigation, and

• (b) such members of the Office's staff as are required by the Director General to assist the person designated to take charge of the investigation.

• (2A) The person designated under sub-paragraph (2) to take charge of an investigation must be—

• (a) the Director General acting personally, or

• (b) a person who is authorised to exercise the function of taking charge of the investigation on behalf of the Director General by virtue of paragraph 6A of Schedule 2 (delegation of Director General's functions).

• (3) The person designated under sub-paragraph (2) to be the person to take charge of an investigation relating to any conduct of the Commissioner of Police of the Metropolis or of the Deputy Commissioner of Police of the Metropolis must be the person nominated by the Secretary of State to be so designated under that sub-paragraph.

• (3A) The person designated under sub-paragraph (2) to be the person to take charge of an investigation of a DSI matter in relation to which the relevant officer is the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis must be the person nominated by the Secretary of State to be so designated under that sub-paragraph.

• (4) A person who—

• (a) is designated under sub-paragraph (2) in relation to any investigation, but

• (b) does not already, by virtue of section 97(8) of the 1996 Act, have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters,

shall, for the purposes of the carrying out of the investigation and all purposes connected with it, have all those powers and privileges throughout England and Wales and those waters.

• (5) A person designated under sub-paragraph (2) who is not a constable shall not, as a result of sub-paragraph (4), be treated as being in police service for the purposes of—

• (a) section 280 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (person in police service excluded from definitions of “worker” and “employee”); or

• (b) section 200 of the Employment Rights Act 1996 (c. 18) (certain provisions of that Act not to apply to persons in police service).

• (6) The Secretary of State may by order provide that—

• (a) such provisions of the 1984 Act relating to investigations of offences conducted by police officers as may be specified in the order, and

• (b) such provisions of a code of practice under section 60, 60A or 66 of that Act as may be so specified,

shall apply.

• (6A) An order under sub-paragraph (6) may, in particular, provide that where a provision applied by the order allows a power to be exercised only if an authorisation is given by a police officer of or above a particular rank, the authorisation may be given by a the Director General or a member of the Office's staff of or above a specified grade.

• (7) References in this paragraph to the powers and privileges of a constable—

• (a) are references to any power or privilege conferred by or under any enactment (including one passed after the passing of this Act) on a constable; and

• (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) shall have effect as if every such power were exercisable, and every such privilege existed, throughout England and Wales and the adjacent United Kingdom waters (whether or not that is the case apart from this sub-paragraph).

• (8) In this paragraph “United Kingdom waters” means the sea and other waters within the seaward limits of the United Kingdom’s territorial sea.

Restrictions on proceedings pending the conclusion of an investigation

20

• (1) No criminal or disciplinary proceedings shall be brought in relation to any matter which is the subject of an investigation in accordance with the provisions of this Schedule until—

• (a) the conduct to which the investigation relates has been certified in accordance with regulations under paragraph 20A, or

• (b) a report on that investigation has been submitted to the Director General or to the appropriate authority under paragraph 22 or 24A or, where under paragraph 19 the Director General has personally carried out the investigation, a report has been completed by the Director General.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The restrictions imposed by this paragraph in relation to the bringing of criminal proceedings shall not apply to the bringing of criminal proceedings by the Director of Public Prosecutions in any case in which it appears to him that there are exceptional circumstances which make it undesirable to delay the bringing of such proceedings.

Power of the Commission to discontinue an investigation

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Final reports on investigations

22

• (1) This paragraph applies on the completion of an investigation of—

• (a) a complaint, or

• (b) a conduct matter, or

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) A person appointed under paragraph 16 shall submit a report on his investigation to the appropriate authority.

• (3) A person appointed under paragraph ... 18 shall—

• (a) submit a report on his investigation to the Director General; and

• (b) send a copy of that report to the appropriate authority.

• (4) In relation to a matter that was formerly a DSI matter but has been recorded as a conduct matter in pursuance of paragraph 21A(5), the references in sub-paragraphs (2) and (3) of this paragraph to the appropriate authority are references to—

• (a) the appropriate authority in relation to the DSI matter; and

• (b) (where different) the appropriate authority in relation to the person whose conduct is in question.

• (5) A person designated under paragraph 19 as the person in charge of an investigation must—

• (a) submit a report on the investigation to the Director General, or

• (b) where the person in charge of the investigation is the Director General acting personally, complete a report on the investigation.

• (6) A person submitting or, in the case of an investigation under paragraph 19 by the Director General personally, completing a report under this paragraph shall not be prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters in his report as he thinks fit.

• (6A) Where a person would contravene section 21A by submitting, or (as the case may be) sending a copy of, a report in its entirety to the appropriate authority under sub-paragraph (2) or (3)(b), the person must instead submit, or send a copy of, the report after having removed or obscured the information which by virtue of section 21A the person must not disclose.

• (7) The Secretary of State may by regulations make provision requiring a report on an investigation to which paragraph 19A applies—

• (a) to include such matters as are specified in the regulations;

• (b) to be accompanied by such documents or other items as are so specified.

• (8) A person who has submitted or, in the case of an investigation under paragraph 19 by the Director General personally, completed a report under this paragraph on an investigation to which paragraph 19A applies must supply the appropriate authority with such copies of further documents or other items in that person's possession as the authority may request except so far as the person is prevented from doing so by section 21A.

• (9) The appropriate authority may only make a request under sub-paragraph (8) in respect of a copy of a document or other item if the authority—

• (a) considers that the document or item is of relevance to the investigation, and

• (b) requires a copy of the document or the item for either or both of the purposes mentioned in sub-paragraph (10).

• (10) Those purposes are—

• (a) complying with any obligation under regulations under section 50(3) or 51(2A) of the 1996 Act which the authority has in relation to any person to whose conduct the investigation related;

• (b) ensuring that any such person receives a fair hearing at any disciplinary proceedings in respect of any such conduct of his.

Action by the Commission in response to an investigation report

23

• (1) This paragraph applies where—

• (a) a report on an investigation carried out under the direction of the Director General is submitted to the Director Genera under sub-paragraph (3) of paragraph 22; or

• (b) a report on an investigation carried out by a person designated by the Director General is submitted to the Director General , or is otherwise completed, under sub-paragraph (5) of that paragraph.

• (1A) But if, following the submission or completion of such a report, the Director General determines under section 13B that the complaint or recordable conduct matter is to be re-investigated the provisions of this paragraph other than sub-paragraph (2)(a) (read with sub-paragraph (2ZA)) do not apply, or cease to apply, in relation to that report.

• (2) On receipt of the report (or on its completion by the Director General), the Director General—

• (a) if it appears that the appropriate authority has not already been sent a copy of the report, shall send a copy of the report to that authority;

• (b) shall determine whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report;

• (c) if the Director General determines that those conditions are so satisfied, shall notify the Director of Public Prosecutions of the determination and send him a copy of the report; and

• (d) shall notify the appropriate authority and the persons mentioned in sub-paragraph (5) of the Director General's determination under paragraph (b) and of any action taken by the Director General under paragraph (c).

• (2ZA) Where the Director General would contravene section 21A by sending a copy of a report in its entirety to the appropriate authority under sub-paragraph (2)(a) or to the Director of Public Prosecutions under sub-paragraph (2)(c), the Director General must instead send a copy of the report after having removed or obscured the information which by virtue of section 21A the Director General must not disclose.

• (2A) The first condition is that the report indicates that a criminal offence may have been committed by a person (if any) to whose conduct the investigation related.

• (2B) The second condition is that—

• (a) the circumstances are such that, in the opinion of the Director General, 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 prescribed category of matters.

• (3) The Director of Public Prosecutions shall notify the Director General of any decision of his to take, or not to take, action in respect of the matters dealt with in any report a copy of which has been sent to him under sub-paragraph (2)(c).

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The persons are—

• (a) in the case of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21; and

• (b) in the case of a recordable conduct matter, every person entitled to be kept properly informed in relation to that matter under that section.

• (5A) On receipt of the report (or on its completion by the Director General), the Director General shall also—

• (a) seek the views of the appropriate authority on—

• (i) whether any 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,

• (ii) whether or not any such person's performance is unsatisfactory, and

• (iii) the other matters (if any) dealt with in the report (but not on whether the conditions in sub-paragraphs (2A) and (2B) are satisfied in respect of the report),

• (b) having considered the views (if any) of the appropriate authority, make a determination as to—

• (i) the matters described in paragraph (a)(i) and (ii), and

• (ii) whether or not disciplinary proceedings should be brought against any person to whose conduct the investigation related and, if so, what form the disciplinary proceedings should take,

• (c) having considered the views (if any) of the appropriate authority and if the Director General considers it appropriate to do so, make a determination as to any matter dealt with in the report, being a determination other than one that the Director General is required to make under sub-paragraph (2)(b) or paragraph (b) of this sub-paragraph,

• (d) notify the appropriate authority of the Director General's determination under paragraph (b) and any determination under paragraph (c),

• (e) where the Director General determines that disciplinary proceedings of a form specified in the determination should be brought against a person, direct the appropriate authority to bring those proceedings, and

• (f) direct the appropriate authority to determine what action (if any) the appropriate authority will in its discretion take, not being action involving the bringing of disciplinary proceedings, in respect of the matters dealt with in the report and having regard to the Director General's determination under paragraph (b) and any determination under paragraph (c).

• (5B) The appropriate authority must comply with a direction given under sub-paragraph (5A)(e) and must secure that the proceedings, once brought, are proceeded with to a proper conclusion.

• (5C) The Director General may at any time withdraw a direction given under sub-paragraph (5A)(e); and sub-paragraph (5B) shall not impose any obligation in relation to any time after the withdrawal of the direction.

• (5D) The appropriate authority must keep the Director General informed of the action it takes in response to a direction given under sub-paragraph (5A)(e).

• (5E) The appropriate authority must comply with the direction given under sub-paragraph (5A)(f) and must notify the Director General of the determination it makes.

• (5F) On receipt of the report (or on its completion by the Director General), where it is a report of an investigation of a complaint, the Director General may also make a recommendation under paragraph 28ZA.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (13) In relation to a DSI matter in respect of which a determination has been made under paragraph 21A(2) , (2A) , (2B) or (4), the references in this paragraph to the appropriate authority are references to the appropriate authority in relation to the person whose conduct is in question.

Action by the appropriate authority in response to an investigation report

24

• (1) This paragraph applies where—

• (a) a report of an investigation is submitted to the appropriate authority in accordance with paragraph 22(2); ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) On receipt of the report ..., the appropriate authority—

• (a) shall determine whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report;

• (b) if it determines that those conditions are so satisfied, shall notify the Director of Public Prosecutions of the determination and send him a copy of the report and

• (c) shall notify the persons mentioned in sub-paragraph (5) of its determination under paragraph (a) and of any action taken by it under paragraph (b).

• (2A) The first condition is that the report indicates that a criminal offence may have been committed by a person (if any) to whose conduct the investigation related.

• (2B) The second condition is that—

• (a) the circumstances are such that, in the opinion of the appropriate authority, 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 prescribed category of matters.

• (3) The Director of Public Prosecutions shall notify the appropriate authority of any decision of his to take, or not to take, action in respect of the matters dealt with in any report a copy of which has been sent to him under sub-paragraph (2).

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The persons are—

• (a) in the case of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21; and

• (b) in the case of a recordable conduct matter, every person entitled to be kept properly informed in relation to that matter under that section.

• (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) On receipt of the report ..., the appropriate authority shall also—

• (a) in accordance with regulations under section 50 or 51 of the 1996 Act, determine—

• (i) whether any 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, and

• (ia) whether or not any such person's performance is unsatisfactory, and

• (ii) what action (if any) the authority is required to, or will in its discretion, take in respect of the matters dealt with in the report, and

• (aa) if it considers it appropriate to do so, make a determination as to any matter dealt with in the report, being a determination other than one that it is required to make by sub-paragraph (2)(a) or paragraph (a) of this sub-paragraph, and

• (b) determine what action (if any), in addition to the action mentioned in paragraph (a)(ii), the authority will in its discretion take in respect of the matters dealt with in the report.

• (6A) Where the report is a report of an investigation of a complaint and the appropriate authority is a local policing body, the appropriate authority may also, on receipt of the report, make a recommendation under paragraph 28ZA.

• (6B) It shall be the duty of the appropriate authority—

• (a) to take the action which it determines under sub-paragraph (6) that it is required to, or will in its discretion, take, and

• (b) in a case where that action consists of or includes the bringing of disciplinary proceedings, to secure that those proceedings, once brought, are proceeded with to a proper conclusion.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) In relation to a DSI matter in respect of which a determination has been made under paragraph 21A(2) , (2A) , (2B) or (4), the references in this paragraph to the appropriate authority are references to the appropriate authority in relation to the person whose conduct is in question.

Appeals to the Commission with respect to an investigation

25

• (1) This paragraph applies where a complaint has been subjected to—

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

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1A) 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).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) 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.

• (4A) 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 Director General is the relevant review body and the Director General finds that the outcome is not a reasonable and proportionate outcome, the Director General may—

• (a) make the 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 Director General makes a recommendation under sub-paragraph (4C)(c)—

• (a) the appropriate authority must notify the Director 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 Director General under paragraph 4, make a recommendation to the appropriate authority that it refer the complaint to the Director 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 Director General is the relevant review body, the Director 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.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9ZB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9ZC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) The relevant review body shall give notification of the outcome of a review under this paragraph and of its reasons for the determination made under sub-paragraph (4A)—

• (a) to the appropriate authority ...,

• (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 relevant review body that to do so might prejudice any ... re-investigation of the complaint, to the person complained against (if any).

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 applications under sub-paragraph (1B) are to be made;

• (b) for the period within which any such application must be made; and

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

• (14) 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.

Reviews and re-investigations following an appeal

26

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Where the Director General directs under paragraph 25 ... that a complaint be re-investigated, the Director General shall make a determination of the form that the re-investigation should take.

• (3) Sub-paragraphs (4) to (7) of paragraph 15 shall apply in relation to a determination under sub-paragraph (2) as they apply in the case of a determination under that paragraph.

• (3A) Where, following a recommendation under paragraph 25(4E)(a) in relation to a complaint, the appropriate authority determines that it is appropriate for it to re-investigate the complaint on its own behalf, sub-paragraphs (3) to (5) of paragraph 16 shall apply in relation to the re-investigation as they apply in relation to an investigation to which paragraph 16 applies.

• (4) The other provisions of this Schedule (including this paragraph) shall apply in relation to any re-investigation in pursuance of a direction under paragraph 25(4C)(b) ... and any re-investigation of the type described in sub-paragraph (3A) of this paragraph as they apply in relation to any investigation in pursuance of a determination under paragraph 15.

• (4A) Where the Director General determines under sub-paragraph (2) that the re-investigation should take the form of an investigation by the appropriate authority on its own behalf, the Director General may also give the appropriate authority such directions as to the handling of the matter in future as the Director General thinks fit.

• (5) The Director General shall notify the appropriate authority of any determination that the Director General makes under this paragraph and of the Director General's reasons for making the determination.

• (5A) The Director General shall also notify the following of any determination that the Director General makes under this paragraph and of the Director General's reasons for making the determination—

• (a) the complainant;

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

• (c) the person complained against (if any).

• (5B) The duty imposed by sub-paragraph (5A) on the Director General shall have effect subject to such exceptions as may be provided for by regulations made by the Secretary of State.

• (5C) Subsections (6) to (8) of section 20 apply for the purposes of sub-paragraph (5B) as they apply for the purposes of that section.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties with respect to disciplinary proceedings

27

• (1) This paragraph applies where, in the case of any investigation, the appropriate authority—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) has submitted, or is required to submit, a memorandum to the Director General under paragraph 24C(4).

• (1A) But where this paragraph would otherwise apply by virtue of sub-paragraph (1)(c), it does not apply, or ceases to apply, in relation to the investigation if the Director General determines under section 13B that the DSI matter is to be re-investigated.

• (2) Subject to paragraph 20 and to any recommendations or directions under the following provisions of this paragraph, it shall be the duty of the appropriate authority—

• (a) to take the action ... which is or is required to be set out in the memorandum; and

• (b) in a case where that action consists of or includes the bringing of disciplinary proceedings, to secure that those proceedings, once brought, are proceeded with to a proper conclusion.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3A) Where this paragraph applies by virtue of sub-paragraph (1)(c), the Director General may make a recommendation to the appropriate authority—

• (a) that the performance of a person serving with the police is, or is not, satisfactory;

• (b) that action of the form specified in the recommendation is taken in respect of the person's performance;

and it shall be the duty of the appropriate authority to notify the Director General whether it accepts the recommendation and (if it does) to set out in the notification the steps that it is proposing to take to give effect to it.

• (4) If, after the Director General has made a recommendation under this paragraph, the appropriate authority does not take steps to secure that full effect is given to the recommendation—

• (a) the Director General may direct the appropriate authority to take steps for that purpose; and

• (b) it shall be the duty of the appropriate authority to comply with the direction.

• (5) A direction under sub-paragraph (4) may, to such extent as the Director General thinks fit, set out the steps to be taken by the appropriate authority in order to give effect to the recommendation.

• (6) Where the Director General gives the appropriate authority a direction under this paragraph, the Director General shall supply the appropriate authority with a statement of its reasons for doing so.

• (7) Where disciplinary or other proceedings have been brought in accordance with a recommendation or direction under this paragraph, it shall be the duty of the authority to ensure that they are proceeded with to a proper conclusion.

• (8) The Director General may at any time withdraw a direction given under this paragraph; and sub-paragraph (7) shall not impose any obligation in relation to any time after the withdrawal of the direction.

• (9) The appropriate authority shall keep the Director General informed—

• (a) in a case in which this paragraph applies by virtue of sub-paragraph (1)(c), of whatever action it takes in pursuance of its duty under sub-paragraph (2); and

• (b) in every case of a recommendation or direction under this paragraph, of whatever action it takes in response to that recommendation or direction.

Information for complainant about disciplinary recommendations

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4

Part 1 — Community Support Officers

Powers to issue fixed penalty notices

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to detain etc.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to require name and address of person acting in an anti-social manner

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to use reasonable force to detain person

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Alcohol consumption in designated public places

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Confiscation of alcohol

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Confiscation of tobacco etc.

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entry to save life or limb or prevent serious damage to property

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Seizure of vehicles used to cause alarm etc.

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Abandoned vehicles

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to stop vehicle for testing

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to control traffic for purposes of escorting a load of exceptional dimensions

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Carrying out of road checks

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cordoned areas

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to stop and search vehicles etc. in authorised areas

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Investigating Officers

Search warrants

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Access to excluded and special procedure material

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entry and search after arrest

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General power of seizure

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Access and copying in the case of things seized by constables

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Arrest at a police station for another offence

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to transfer persons into custody of investigating officers

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to require arrested person to account for certain matters

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extended powers of seizure

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 3 — Detention Officers

Attendance at police station for fingerprinting

25

Where a designation applies this paragraph to any person, he shall, in respect of police stations in the relevant police area, have the power of a constable under Schedule 2A to the 1984 Act (fingerprinting and samples: power to require attendance at a police station) to require a person to attend a police station in order to have his fingerprints taken.

Non-intimate searches of detained persons

26

• (1) Where a designation applies this paragraph to any person, he shall have the powers of a constable under section 54 of the 1984 Act (non-intimate searches of detained persons)—

• (a) to carry out a search under that section of any person at a police station in the relevant police area or of any other person otherwise in police detention in that area; and

• (b) to seize or retain, or cause to be seized or retained, anything found on such a search.

• (2) Subsections (6C) and (9) of section 54 of that Act (restrictions on power to seize personal effects and searches to be carried out by a member of the same sex) shall apply to the exercise by a person to whom this paragraph is applied of any power exercisable by virtue of this paragraph as they apply to the exercise of the power in question by a constable.

Searches and examinations to ascertain identity

27

Where a designation applies this paragraph to any person, he shall have the powers of a constable under section 54A of the 1984 Act (searches and examinations to ascertain identity)—

• (a) to carry out a search or examination at any police station in the relevant police area; and

• (b) to take a photograph at any such police station of an identifying mark.

Intimate searches of detained persons

28

• (1) Where a designation applies this paragraph to any person, he shall have the powers of a constable by virtue of section 55(6) of the 1984 Act (intimate searches) to carry out an intimate search of a person at any police station in the relevant police area.

• (2) Subsection (7) of section 55 of that Act (no intimate search to be carried out by a constable of the opposite sex) shall apply to the exercise by a person to whom this paragraph applies of any power exercisable by virtue of this paragraph as it applies to the exercise of the power in question by a constable.

Fingerprinting without consent

29

Where a designation applies this paragraph to any person—

• (a) he shall have, at any police station in the relevant police area, the power of a constable under section 61 of the 1984 Act (fingerprinting) to take fingerprints without the appropriate consent; and

• (b) the requirement by virtue of subsection (7A)(a) of that section that a person must be informed by an officer that his fingerprints may be the subject of a speculative search shall be capable of being discharged, in the case of a person at such a station, by his being so informed by the person to whom this paragraph applies.

Warnings about intimate samples

30