Part 1Police

Chapter 2Complaints and misconduct

Supervision of complaints

34“Relevant complaint” and “person serving with the police”

1

In this Chapter, “relevant complaint” means a complaint which is given or sent by any of the persons mentioned in subsection (6) to the appropriate authority in relation to the complaint.

2

In subsection (1), “complaint” means a written statement expressing dissatisfaction about an act or omission—

a

by a police authority;

b

by a joint police board;

c

by a police force;

d

by the Authority;

e

by the Agency; or

f

by a person who, at the time of the act or omission, was a person serving with the police.

3

But “complaint” does not include—

a

any statement made by a person serving with, or who has served with, the police, about the terms and conditions of that person’s service with the police; or

b

a statement which consists of or includes an allegation of an act or omission which constitutes a crime.

4

An act or omission need not be one occurring in the course of a person’s duty, employment or appointment (as the case may be) in order to fall within subsection (2)(f).

5

A complaint need not identify a person serving with the police who is the subject of the complaint in order to fall within subsection (2)(f).

6

The persons referred to in subsection (1) are—

a

a member of the public who claims to be the person in relation to whom the act or omission took place;

b

a member of the public not falling within paragraph (a) who claims to have been adversely affected by the act or omission;

c

a member of the public who claims to have witnessed the act or omission;

d

a person acting on behalf of a person falling within any of paragraphs (a) to (c).

7

For the purposes of this section, a person is serving with the police if the person—

a

is a constable of a police force;

b

is employed or appointed by virtue of section 9 of the 1967 Act (employment otherwise than as a constable) by a police authority or a joint police board;

c

is a member of the staff of the Authority; or

d

is a member of the Agency,

and related expressions are to be construed accordingly.