Part 2U.K.Complaints and Misconduct

Interpretation of Part 2U.K.

29 Interpretation of Part 2U.K.

(1)In this Part—

• [F1“the appropriate authority”—

  (a)

  in relation to a person serving with the police or in relation to any complaint, conduct matter or investigation relating to the conduct of such a person, means—

  (i)

  if that person is [F2the chief officer or an acting chief officer, the local policing body] for the area of the police force of which he is a member; and

  (ii)

  if he is not [F3the chief officer or an acting chief officer], the chief officer under whose direction and control he is; F4...

  (aa)

  [F5in relation to any other complaint, means the chief officer of the police force with which dissatisfaction is expressed by the complainant; and]

  (b)

  in relation to a death or serious injury matter, means—

  (i)

  if the relevant officer is [F6the chief officer or an acting chief officer, the local policing body] for the area of the police force of which he is a member; and

  (ii)

  if he is not [F7the chief officer or an acting chief officer], the chief officer under whose direction and control he is;]

  [F8and, for the purposes of this definition, “acting chief officer” means a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011; a person exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44 or 45(4) of that Act; or a person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839;]

• “chief officer” means the chief officer of police of any police force;

• F9...

• “complainant” shall be construed in accordance with subsection (2);

• “complaint” has the meaning given by section 12;

• “conduct” includes acts, omissions[F10, statements and decisions] (whether actual, alleged or inferred);

• “conduct matter” has the meaning given by section 12;

• [F11“death or serious injury matter” and “DSI matter” have the meaning given by section 12;]

• [F12“the Director General” means (unless otherwise specified) the Director General of the Office;]

• “disciplinary proceedings” means—

  (a)

  in relation to a member of a police force or a special constable, proceedings under any regulations made by virtue of section 50 or 51 of the 1996 Act and identified as disciplinary proceedings by those regulations; and

  (b)

  in relation to a person serving with the police who is not a member of a police force or a special constable, proceedings identified as such by regulations made by the Secretary of State for the purposes of this Part;

• “document” means anything in which information of any description is recorded;

• “information” includes estimates and projections, and statistical analyses;

• F13...

• [F14“the Office” means the Independent Office for Police Conduct;]

• “person complained against”, in relation to a complaint [F15that relates to conduct of a person serving with the police], means the person whose conduct is the subject-matter of the complaint;

• “recordable conduct matter” means (subject to any regulations under section 23(2)(d))—

  (a)

  a conduct matter that is required to be recorded by the appropriate authority under paragraph 10 [F16, 11 or 13A] of Schedule 3 or has been so recorded; or

  (aa)

  [F17a conduct matter that is required to be recorded by the appropriate authority under section 28A(8) or has been so recorded;]

  (b)

  F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “relevant force”, in relation to the appropriate authority, means—

  (a)

  [F19if that authority is a local policing body, the police force which the body is responsible for maintaining; and]

  (b)

  if that authority is the chief officer of police of a police force, his force;

• F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “serious injury” means a fracture, a deep cut, a deep laceration or an injury causing damage to an internal organ or the impairment of any bodily function;

• “serving with the police”, in relation to any person, shall be construed in accordance with section [F2112(7) to (10)] .

[F22(1A)In this Part “the relevant officer”, in relation to a DSI matter, means the person serving with the police (within the meaning of section [F2312(7) to (10)] )—

(a)who arrested the person who has died or suffered serious injury,

(b)in whose custody that person was at the time of the death or serious injury, or

(c)with whom that person had the contact in question;

and where there is more than one such person it means, subject to subsection (1B), the one who so dealt with him last before the death or serious injury occurred.

(1B)Where it cannot be determined which of two or more persons serving with the police dealt with a person last before a death or serious injury occurred, the relevant officer is the most senior of them.]

(2)References in this Part, in relation to anything which is or purports to be a complaint, to the complainant are references—

[F24(a)to the person by whom the complaint or purported complaint was made, or

(b)in a case where the complaint or purported complaint was made on behalf of someone else, to the person on whose behalf it was made;]

but where any person is acting on another’s behalf for the purposes of any complaint or purported complaint, anything that is to be or may be done under this Part by or in relation to the complainant may be done, instead, by or in relation to the person acting on the complainant’s behalf.

(3)Subject to subsection (4), references in this Part, in relation to any conduct or anything purporting to be a complaint about any conduct, to a member of the public include references to any person falling within any of the following paragraphs (whether at the time of the conduct or at any subsequent time)—

(a)a person serving with the police;

[F25(ca)a National Crime Agency officer; or]

(d)a person engaged on relevant service, within the meaning of section 97(1)(a) F26... or (d) of the 1996 Act [F27(temporary service of various kinds)].

(4)In this Part references, in relation to any conduct or to anything purporting to be a complaint about any conduct, to a member of the public do not include references to—

(a)a person who, at the time when the conduct is supposed to have taken place, was under the direction and control of the same chief officer as the person whose conduct it was; or

(b)a person who—

(i)at the time when the conduct is supposed to have taken place, in relation to him, or

(ii)at the time when he is supposed to have been adversely affected by it, or to have witnessed it,

was on duty in his capacity as a person falling within subsection (3)(a) to (d).

[F28(4A)In this Part references, in relation to anything purporting to be a complaint other than a complaint about any conduct, to a member of the public include references to any person falling within subsection (3)(a) to (d) other than a person who is—

(a)a member of the police force with which dissatisfaction is expressed,

(b)a civilian employee of that police force,

(c)a special constable who is under the direction and control of the chief officer of that police force, or

(d)where dissatisfaction is expressed with the City of London police force, an employee of the Common Council of the City of London who is under the direction and control of the chief officer of that force.]

(5)For the purposes of this Part a person is adversely affected if he suffers any form of loss or damage, distress or inconvenience, if he is put in danger or if he is otherwise unduly put at risk of being adversely affected.

(6)References in this Part to the investigation of any complaint or matter by the appropriate authority on its own behalf, F29... under the [F30direction] of the [F31Director General] or by the [F31Director General] F32... shall be construed as references to its investigation in accordance with paragraph 16, F33... 18 or, as the case may be, 19 of Schedule 3.

(7)The Commissioner of Police for the City of London shall be treated for the purposes of this Part as if he were a member of the City of London police force.

[F34(8)References in sections 26, 26BA and 26C to England and Wales include the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales.]