Police Reform Act 2002

Handling of complaints [F1, conduct matters and DSI matters] etc.E+W

13 Handling of complaints[F2, conduct matters and DSI matters] etc.E+W

Schedule 3 (which makes provision for the handling of complaints[F3, conduct matters and DSI matters] and for the carrying out of investigations) shall have effect F4....

[F513ALocal policing bodies: functions in relation to complaintsE+W

(1)The local policing body that maintains a police force may give notice to the chief officer of the police force that it (rather than the chief officer) is to exercise the functions conferred on the chief officer by the provisions specified in subsection (2) or subsections (2) and (3).

(2)The provisions specified in this subsection are—

(a)paragraph 2(6) to (6D) of Schedule 3, and

(b)paragraph 2(9) and (10) of Schedule 3 in so far as relating to a determination made for the purposes of paragraph 2(6) to (6C) of that Schedule.

(3)The provisions specified in this subsection are—

(a)section 20, and

(b)section 21 in so far as that section relates to complaints.

(4)In relation to any complaint in respect of which the chief officer is the appropriate authority that is made on or after the day on which a notice under subsection (1) is given—

(a)the functions of the chief officer to which the notice relates become functions of the local policing body,

(b)references to the chief officer, including in the chief officer's capacity as an appropriate authority, in the provisions specified in subsection (2) or (as the case may be) subsections (2) and (3) are to be read as references to the local policing body, and

(c)for the purpose of paragraph 6(1) of Schedule 3, the complaint is to be treated as having been recorded by the chief officer.

(5)Where the notice under subsection (1) relates to the functions conferred on the chief officer by the provisions specified in subsections (2) and (3), subsection (4)(b) does not apply to the references to an appropriate authority in sections 20(2)(a) and (3A)(a) and 21(7)(a) and (8A)(a).

(6)The Secretary of State may by regulations make provision in connection with the giving of notices under subsection (1) and their withdrawal.

(7)Regulations under subsection (6) may (amongst other things) make provision about—

(a)the steps that a local policing body must take before giving a notice;

(b)the circumstances in which a notice may be withdrawn.]

[F613BPower of the [F7Director General] to require re-investigationE+W

(1)This section applies where—

(a)a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out under the direction of the [F8Director General] has been submitted to [F9the Director General] under paragraph 22(3) or 24A of Schedule 3, or

(b)a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out by a person designated by the [F8Director General] has been submitted to [F9the Director General] [F10(or, in the case of an investigation carried out under paragraph 19 of Schedule 3 by the Director General personally, is otherwise completed by the Director General)] under paragraph 22(5) or 24A of Schedule 3.

(2)The [F8Director General] may at any time determine that the complaint, recordable conduct matter or DSI matter is to be re-investigated if [F11the Director General] is satisfied that there are compelling reasons for doing so.

(3)Where the [F8Director General] makes a determination under subsection (2), [F12the Director General] must determine that the re-investigation is to take the form of an investigation by the [F8Director General] unless subsection (4) applies, in which case the [F8Director General] must determine that the re-investigation is to take the form described in that subsection.

(4)This subsection applies where the [F8Director General] determines that it would be more appropriate for the re-investigation to take the form of an investigation by the appropriate authority under the direction of the [F8Director General].

(5)Where—

(a)the [F8Director General] determines under subsection (3) or (7) that a re-investigation is to take the form of an investigation by the [F8Director General], and

(b)at any time after that the [F8Director General] determines that subsection (4) applies in relation to the re-investigation,

the [F8Director General] may make a further determination under this section (to replace the earlier one) that the re-investigation is instead to take the form of an investigation by the appropriate authority under the direction of the [F8Director General].

(6)Where the [F8Director General] determines under subsection (3) or (5) that a re-investigation is to take the form of an investigation by the appropriate authority under the direction of the [F8Director General], the [F8Director General] must keep under review whether subsection (4) continues to apply in relation to the re-investigation.

(7)If, on such a review, the [F8Director General] Director General determines that subsection (4) no longer applies in relation to a re-investigation, the [F8Director General] must make a further determination under this section (to replace the earlier one) that the re-investigation is instead to take the form of an investigation by the [F8Director General].

(8)Sub-paragraphs (6) and (7) of paragraph 15 of Schedule 3 shall apply in relation to a further determination under subsection (5) or (7) as they apply in the case of a further determination under sub-paragraph (5A) or (5B) of that paragraph.

(9)The other provisions of Schedule 3 shall apply in relation to any re-investigation in pursuance of a determination under this section as they apply in relation to any investigation in pursuance of a determination under paragraph 15.

(10)The [F8Director General] shall notify the appropriate authority of any determination that [F13the Director General] makes under this section and of [F14the Director General's] reasons for making the determination.

(11)The [F8Director General] shall also notify the following of any determination that [F15the Director General] makes under this section and of [F16the Director General's] reasons for making the determination—

(a)every person entitled to be kept properly informed in relation to the complaint, recordable conduct matter or DSI matter (as the case may be) under section 21;

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

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

(12)The duty imposed by subsection (11) on the [F8Director General] shall have effect subject to such exceptions as may be provided for by regulations made by the Secretary of State.

(13)Subsections (6) to (8) of section 20 apply for the purposes of subsection (12) as they apply for the purposes of that section.

(14)In relation to a matter that was formerly a DSI matter but was recorded as a conduct matter in pursuance of paragraph 21A(5) of Schedule 3, the reference in subsection (10) to the appropriate authority is a reference to the appropriate authority in relation to the person whose conduct was in question.

(15)The reference to a report in subsection (1) includes a report on a re-investigation by virtue of this section or paragraph 25 of Schedule 3.]

F1714 Direction and control mattersE+W

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