Police Reform Act 2002

Section 13

SCHEDULE 3U.K.Handling of Complaints and Conduct matters etc.

Part 1E+WHandling of complaints

Duties to preserve evidence relating to complaintsE+W

1(1)Where a complaint is made about the conduct of a chief officer, it shall be the duty of the [F1local 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.E+W

(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 [F2Director General] or to a [F3local 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 [F4local policing body] to comply with all such directions as may be given to it by the [F2Director 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 F5... the subject-matter of a complaint as he may be directed to take for the purposes of this paragraph by the [F6local policing body] maintaining his force or by the [F2Director General].

Initial handling and recording of complaintsE+W

2[F7(1)Where a complaint is made to the [F2Director General], [F8the Director General] shall give notification of the complaint to the appropriate authority.E+W

(1A)But the [F2Director General] need not give that notification if the [F2Director General] considers that there are exceptional circumstances that justify its not being given.]

(2)Where a complaint is made to a [F9local 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.

F10(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Where the [F2Director General], a [F11local policing body] or a chief officer gives notification of a complaint under any of sub-paragraphs (1) to (3) F12..., the person who gave the notification F13... shall notify the complainant—

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

F14(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where—

(a)a [F15local policing body] determines, in the case of any complaint made to [F16the 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 [F17local policing body] or chief officer under this paragraph,

[F18the body] or chief officer shall [F19contact the complainant and seek the complainant's views on how the complaint should be handled].

[F20(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.]

[F21(7)Nothing in this paragraph shall require the taking of any action in relation to a complaint if the complaint has been withdrawn.]

F22(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F23(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.]

F24...E+W

E+W

F243. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reference of complaints to the [F2Director General]E+W

4(1)It shall be the duty of the appropriate authority to refer a complaint to the [F2Director General] if—E+W

(a)the complaint is one alleging that the conduct [F25or 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 [F2Director General] notifies the appropriate authority that [F8the Director General] requires the complaint in question to be referred to the [F2Director General] for [F26the 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 [F2Director 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 [F27local policing body] may refer a complaint to the [F2Director General] if—

(a)it is one in relation to which the chief officer of police of the police force maintained by [F28that body] is the appropriate authority; and

(b)the [F27local 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 [F2Director 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 [F2Director General] by virtue of sub-paragraph (1)(c) to require a complaint to be referred to [F8the Director General], and

(b)the power of a [F29local policing body] or chief officer to refer a complaint to the [F2Director 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 [F2Director General].

[F30(5A)The power of an appropriate authority to refer a complaint to the [F2Director 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 [F31local policing body] or chief officer which refers a complaint to the [F2Director 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 [F32that body] or chief officer that to do so might prejudice [F33an investigation of the complaint (whether an existing investigation or a possible future one)], to the person complained against [F34(if any)].

[F35(6A)A local policing body which refers a complaint to the [F2Director 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 [F36Director General] under this paragraph on a previous occasion [F37, 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 [F2Director General] so directs; and

(b)shall not be referred in exercise of any power conferred by this paragraph unless the [F2Director General] consents.

F38(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F39(9)The appropriate authority must record any complaint that is referred to the [F2Director General] under this paragraph that has not already been recorded.]

[F40Power of [F2Director General] to treat complaint as having been referredE+W

4A(1)The [F2Director General] may treat a complaint that comes to [F26the Director General's] attention otherwise than by having been referred to [F8the Director General] under paragraph 4 as having been so referred.E+W

(2)Where the [F2Director General] treats a complaint as having been referred to [F8the Director General]—

(a)paragraphs 2 and 4 do not apply, or cease to apply, in relation to the complaint except to the extent provided for by paragraph 4(7), and

(b)paragraphs 5, 6, 6A, 15 and 25 apply in relation to the complaint as if it had been referred to the [F2Director General] by the appropriate authority under paragraph 4.

(3)The [F2Director General] must notify the following that [F8the Director General] is treating a complaint as having been referred to [F8the Director General]—

(a)the appropriate authority;

(b)the complainant;

(c)except in a case where it appears to the [F2Director General] that to do so might prejudice an investigation of the complaint (whether an existing investigation or a possible future one), the person complained against (if any).

(4)Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a complaint and the complaint has not yet been recorded, the appropriate authority must record the complaint.]

Duties of [F2Director General] on references under paragraph 4E+W

E+W

5(1)It shall be the duty of the [F2Director General] in the case of every complaint referred to [F8the Director General] by a [F41local policing body] or chief officer, to determine whether or not it is necessary for the complaint to be investigated.

[F42(1A)The Secretary of State may by regulations provide that the [F2Director General] must determine that it is necessary for complaints referred to [F8the 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 [F2Director 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 [F2Director 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 [F2Director General] determines under this paragraph that it is not necessary for a complaint to be investigated [F43—

(a)in a case where the complaint is already being investigated by the appropriate authority on its own behalf (and notwithstanding the [F36Director General's] determination), the [F2Director General] must refer the complaint back to the appropriate authority for the investigation to be completed, and

(b)in any other case, the [F2Director General] may, if [F8the 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 [F2Director General] refers a complaint back under sub-paragraph (2), [F8the 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 [F2Director General] that to do so might prejudice [F44an investigation of the complaint (whether an existing investigation or a possible future one)], to the person complained against [F45(if any)].

Handling of complaints by the appropriate authorityE+W

[F466(1)This paragraph applies where a complaint has been recorded by the appropriate authority.E+W

(2)But this paragraph does not apply to a complaint if it is one that has been, or must be, referred to the [F2Director General] under paragraph 4, unless the complaint is for the time being—

(a)referred back to the authority under paragraph [F475(2)(b)], F48...

F49(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F50(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.]

F51(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F52Reviews relating to complaints dealt with other than by investigationE+W

6A(1)This paragraph applies where a complaint is handled by the appropriate authority in accordance with paragraph 6(2A) otherwise than by the authority making arrangements for the complaint to be investigated by the authority on its own behalf.E+W

(2)The complainant has the right to apply to the relevant review body for a review of the outcome of the complaint.

(3)The relevant review body must notify the following of an application for a review under sub-paragraph (2)—

(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).

(4)On a review applied for under sub-paragraph (2), the relevant review body must determine whether the outcome is a reasonable and proportionate outcome.

(5)Where the [F2Director General] is the relevant review body and the [F2Director General] finds that the outcome is not a reasonable and proportionate outcome, the [F2Director General] may—

(a)determine that it is necessary for the complaint to be investigated;

(b)make a recommendation under paragraph 28ZA.

(6)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)where the complaint has not previously been referred to the [F2Director General] under paragraph 4, make a recommendation to the appropriate authority that it refer the complaint to the [F2Director General] under sub-paragraph (2) of that paragraph;

(b)make a recommendation to the appropriate authority that it make arrangements for the complaint to be investigated by the authority on its own behalf;

(c)make a recommendation under paragraph 28ZA.

(7)The Secretary of State may by regulations make further provision about recommendations under sub-paragraph (6)(a) or (b).

(8)The regulations may (amongst other things) authorise the local policing body making the recommendation to require a response to the recommendation.

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

(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 investigation of the complaint, to the person complained against (if any).

(10)In this paragraph references to the outcome of a complaint do not include the outcome of any criminal or disciplinary proceedings brought in relation to any matter which was the subject of the complaint.]

F53...E+W

F537E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54...E+W

F548E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55...E+W

F558AE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2E+W Handling of conduct matters

Conduct matters arising in civil proceedingsE+W

10(1)This paragraph applies where—E+W

(a)a [F56local 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 [F57that body] or chief officer, or it otherwise appears to a [F56local policing body] or chief officer that such proceedings are likely to be so brought; and

(b)it appears to [F57that 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)[F58The 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 [F59local 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 [F60determine whether the matter is one which it or he is required to refer to the [F2Director General] under paragraph 13 or is one which it would be appropriate to so refer].

[F61(4)In a case where the appropriate authority determines that the matter is one which it or he is required to refer to the [F2Director 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 [F2Director 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 [F62sub-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 casesE+W

11(1)[F63This paragraph applies where—] E+W

(a)a conduct matter comes (otherwise than as mentioned in paragraph 10) to the attention of the [F64local 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),

F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F66(3)The appropriate authority must determine whether the matter is one which it or he is required to refer to the [F2Director 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 [F2Director 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 [F2Director 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 [F67sub-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.

F68(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties to preserve evidence relating to conduct mattersE+W

12(1)Where a recordable conduct matter that relates to the conduct of a chief officer comes to the attention of the [F69local policing body] maintaining his force, it shall be the duty of [F70that 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.E+W

(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 [F71local policing body] to comply with all such directions as may be given to it by the [F2Director 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 [F72local policing body] maintaining his force or by the [F2Director General].

Reference of conduct matters to the [F2Director General]E+W

13(1)It shall be the duty of a [F73local policing body] or a chief officer to refer a recordable conduct matter to the [F2Director General] if, in a case (whether or not falling within paragraph 10) in which [F74the body] or chief officer is the appropriate authority—E+W

(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 [F2Director General] notifies the appropriate authority that [F8the Director General] requires that matter to be referred to the [F2Director General] for [F26the 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 [F2Director 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 [F75local policing body] maintaining any police force may refer any recordable conduct matter to the [F2Director 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 [F76local 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 [F2Director 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 [F2Director General] by virtue of sub-paragraph (1)(c) to require a matter to be referred to [F8the Director General], and

(b)the power of a [F77local policing body] or chief officer to refer any matter to the [F2Director 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 [F2Director General].

(6)Where—

(a)a [F78local policing body] or chief officer refers a matter to the [F2Director General] under this paragraph, and

(b)[F79that body] or chief officer does not consider that to do so might prejudice [F80an investigation of that matter (whether an existing investigation or a possible future one)],

[F79that 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 [F2Director General] under this paragraph on a previous occasion [F81, 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 [F2Director General] so directs; and

(b)shall not be referred in exercise of any power conferred by this paragraph unless the [F2Director General] consents.

[F82Power of [F2Director General] to treat conduct matter as having been referredE+W

13A(1)The [F2Director General] may treat a conduct matter that comes to [F26the Director General's] attention otherwise than by having been referred to [F8the Director General] under paragraph 13 as having been so referred.E+W

(2)Where the [F2Director General] treats a conduct matter as having been referred to [F8the Director General]—

(a)paragraphs 10, 11 and 13 do not apply, or cease to apply, in relation to the matter except to the extent provided for by paragraph 13(7), and

(b)paragraphs 14 and 15 apply in relation to the matter as if it had been referred to the [F2Director General] by the appropriate authority under paragraph 13.

(3)The [F2Director General] must notify the following that [F8the Director General] is treating a conduct matter as having been referred to [F8the Director General]—

(a)the appropriate authority;

(b)except in a case where it appears to the [F2Director General] that to do so might prejudice an investigation of the matter (whether an existing investigation or a possible future one), the person to whose conduct the matter relates.

(4)Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a conduct matter and the matter has not yet been recorded, the appropriate authority must record the matter.]

Duties of [F2Director General] on references under paragraph 13E+W

14(1)It shall be the duty of the [F2Director General], in the case of every recordable conduct matter referred to [F8the Director General] by a [F83local policing body] or chief officer under paragraph 13, to determine whether or not it is necessary for the matter to be investigated.E+W

[F84(1A)The Secretary of State may by regulations provide that the [F2Director General] must determine that it is necessary for recordable conduct matters referred to [F8the 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 [F2Director 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 [F2Director 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 [F2Director General] determines under this paragraph that it is not necessary for a recordable conduct matter to be investigated [F85—

(a)in a case where the recordable conduct matter is already being investigated by the appropriate authority on its own behalf (and notwithstanding the [F36Director General's] determination), the [F2 Director General] must refer the matter back to the appropriate authority for the investigation to be completed, and

(b)in any other case, the [F2Director General] may, if [F8the 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 [F2Director General] refers a matter back to the appropriate authority under this paragraph, and

(b)the [F2Director General] does not consider that to do so might prejudice [F86an investigation of that matter (whether an existing investigation or a possible future one)],

the [F2Director General] shall give a notification of the making of the reference to the person to whose conduct that matter relates.

[F87Part 2AE+Whandling of death and serious injury (DSI) matters

Duty to record DSI mattersE+W

14A(1)Where a DSI matter comes to the attention of the [F88local policing body] or chief officer who is the appropriate authority in relation to that matter, it shall be the duty of the appropriate authority to record that matter.E+W

F89(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to preserve evidence relating to DSI mattersE+W

14B(1)Where—E+W

(a)a DSI matter comes to the attention of a [F90local policing body] , and

(b)the relevant officer in relation to that matter is the chief officer of the force maintained by [F91that body],

it shall be the duty of [F91that 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)a chief officer becomes aware of a DSI matter, and

(b)the relevant officer in relation to that matter is 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 [F92local policing body] to comply with all such directions as may be given to it by the [F2Director 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 DSI matter as he may be directed to take for the purposes of this paragraph by the [F93local policing body] maintaining his force or by the [F2Director General].

Reference of DSI matters to the [F2Director General]E+W

14C(1)It shall be the duty of the appropriate authority to refer a DSI matter to the [F2Director General].E+W

(2)The appropriate authority must do so within such period as may be provided for by regulations made by the Secretary of State.

(3)A matter that has already been referred to the [F2Director General] under this paragraph on a previous occasion [F94, or that has been treated as having been so referred by virtue of paragraph 14CA,] shall not be required to be referred again under this paragraph unless the [F2Director General] so directs.

[F95Power of [F2Director General] to treat DSI matter as having been referredE+W

14CA(1)The [F2Director General] may treat a DSI matter that comes to [F26the Director General's] attention otherwise than by having been referred to [F8the Director General] under paragraph 14C as having been so referred.E+W

(2)Where the [F2Director General] treats a DSI matter as having been referred to [F8the Director General]—

(a)paragraphs 14A and 14C do not apply, or cease to apply, in relation to the matter except to the extent provided for by paragraph 14C(3), and

(b)paragraphs 14D and 15 apply in relation to the matter as if it had been referred to the [F2Director General] by the appropriate authority under paragraph 14C.

(3)The [F2Director General] must notify the appropriate authority that [F8the Director General] is treating a DSI matter as having been referred to [F8the Director General].

(4)Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a DSI matter and the matter has not yet been recorded, the appropriate authority must record the matter.]

Duties of [F2Director General] on references under paragraph 14CE+W

14D(1)It shall be the duty of the [F2Director General], in the case of every DSI matter referred to [F8the Director General] by a [F96local policing body] or a chief officer, to determine whether or not it is necessary for the matter to be investigated.E+W

[F97(1A)The Secretary of State may by regulations provide that the [F2Director General] must determine that it is necessary for DSI matters referred to [F8the Director General] in relation to which the relevant officer is 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 [F2Director General] applies only in relation to DSI matters in relation to which the relevant officer is 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 [F2Director General] is required by the regulations to determine that it is necessary for a DSI 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 [F2Director General] determines under this paragraph that it is not necessary for a DSI matter to be investigated [F98—

(a)in a case where the DSI matter is already being investigated by the appropriate authority on its own behalf (and notwithstanding the [F36Director General's] determination), the [F2Director General] must refer the matter back to the appropriate authority for the investigation to be completed, and

(b)in any other case, the [F2Director General] may, if [F8the 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.]]

Part 3U.K.Investigations and subsequent proceedings

Power of the [F2Director General] to determine the form of an investigationE+W

15(1)This paragraph applies where—E+W

(a)a complaint [F99, recordable conduct matter or DSI matter] is referred to the [F2Director General]; and

(b)the [F2Director General] determines [F100under paragraph 5(1), 14(1) or 14D(1)] that it is necessary for the complaint or matter to be investigated.

[F101(1A)This paragraph also applies where the [F2Director 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 [F2Director General] to determine the form which the investigation should take.

F102(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;

F103(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)an investigation by that authority under the [F104direction] of the [F2Director General];

(d)an investigation by the [F2Director General].

[F105(4A)In making a determination under sub-paragraph (2) the [F2Director 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 [F2Director General] must determine that the investigation is to take that form.

(4B)Where, in accordance with sub-paragraph (4A), the [F2Director 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 [F2Director General] must determine that the investigation is to take the form of an investigation by the [F2Director General] unless sub-paragraph (4C) applies.

(4C)This sub-paragraph applies where the [F2Director 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 [F2Director General], in which case the [F2Director General] must determine that the investigation is to take that form.]

[F106(5)Where the [F2Director 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 [F2Director General], the [F2Director 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 [F2Director General] determines that—

(a)it would be more appropriate for the investigation to take the form of an investigation by the [F2Director General], the [F2Director 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 [F2Director 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 [F2Director General] determines that, were [F8the Director General] to apply sub-paragraphs (4A) to (4C) again, the form of the investigation would be different, the [F2Director 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 [F2Director General] may give—

(a)the appropriate authority, and

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

such directions as [F8the 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 [F2Director General] shall notify the appropriate authority of any determination that [F8the Director General] makes under this paragraph in relation to a particular complaint [F99, recordable conduct matter or DSI matter] [F107and of [F26the Director General's] reasons for making the determination].

[F108(9)The [F2Director General] shall also notify the following of any determination that [F8the Director General] makes under this paragraph in relation to a particular complaint, recordable conduct matter or DSI matter and of [F26the 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 [F2Director 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 behalfE+W

16[F109(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.]E+W

(1)This paragraph [F110also] applies if the appropriate authority is required by virtue of—

F111(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)any determination made by the [F2Director General] under paragraph 15,

to make arrangements for a complaint[F112, 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 [F11310(4D)], or [F11411(3E)] or 14(2) in relation to any recordable conduct matter [F115or 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) [F116or (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

[F117(d)a National Crime Agency officer,]

to investigate the complaint or matter.

(4)The person appointed under this paragraph to investigate any complaint or [F118conduct 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.

[F119(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.]

F120...E+W

F12017E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Investigations [F121directed] by the [F2Director General]E+W

18(1)This paragraph applies where the [F2Director General] has determined that [F8the Director General] should [F122direct] the investigation by the appropriate authority of any complaint [F123, recordable conduct matter or DSI matter].E+W

[F124(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 [F2Director General] may require that no appointment is made under sub-paragraph (2) unless [F8the Director General] has given notice to the appropriate authority that [F8the Director General] approves the person whom that authority proposes to appoint.

(2B)Where at any time the [F2Director General] is not satisfied with the person investigating, the [F2Director 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 [F2Director 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 [F36Director General's] determination that [F8the Director General] should direct the investigation by the appropriate authority,

(b)under sub-paragraph (2) (including where the appointment was approved by the [F2Director 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 [F2Director General]—

(a)the appropriate authority shall appoint that person to investigate the complaint or matter if, but only if, the [F2Director General] notifies the authority that [F8the Director General] approves the appointment of that person;

(b)if the [F2Director General] notifies the authority that [F8the 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 [F2Director General].

[F125(4)The person appointed to investigate the complaint or matter shall keep the [F2Director General] informed of the progress of the investigation.]

Investigations by the [F2Director General] F126...E+W

19(1)This paragraph applies where the [F2Director General] has determined that [F8the Director General] should F127... carry out the investigation of a complaint [F128, recordable conduct matter or DSI matter].E+W

[F129(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.

[F130(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 [F131person] 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 [F132person 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).

F133(6)The Secretary of State may by order [F134provide 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.]

[F135(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 [F136the 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

F137(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.

[F138Investigations by the [F2Director General]: power to serve information noticeE+W

19ZA(1)The [F2Director General] may serve upon any person an information notice requiring the person to provide [F8the Director General] with information that [F8the Director General] reasonably requires for the purposes of an investigation in accordance with paragraph 19.E+W

(2)But an information notice must not require a person—

(a)to provide information that might incriminate the person;

(b)to provide an item subject to legal privilege within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act);

(c)to make a disclosure that would be prohibited by [F139any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016];

(d)to provide information that was provided to the person by, or by an agency of, the government of a country or territory outside the United Kingdom where that government does not consent to the disclosure of the information.

(3)Neither must an information notice require a postal or telecommunications operator F140... to provide communications data F141....

[F142(3A)In sub-paragraph (3) “communications data”, “postal operator” and “telecommunications operator” have the same meanings as in the Investigatory Powers Act 2016 (see sections 261 and 262 of that Act).]

(4)An information notice must—

(a)specify or describe the information that is required by the [F2Director General] and the form in which it must be provided;

(b)specify the period within which the information must be provided;

(c)give details of the right of appeal against the information notice under paragraph 19ZC.

(5)The period specified under sub-paragraph (4)(b) must not end before the end of the period within which an appeal can be brought against the notice and, if such an appeal is brought, the information need not be provided pending the determination or withdrawal of the appeal.

(6)The [F2Director General] may cancel an information notice by written notice to the person on whom it was served.]

[F138Failure to comply with information noticeE+W

19ZB(1)If a person who has received an information notice—E+W

(a)fails or refuses to provide the information required by the notice, or

(b)knowingly or recklessly provides information in response to the notice that is false in a material respect,

the [F2Director General] may certify in writing to the High Court that the person has failed to comply with the information notice.

(2)The High Court may then inquire into the matter and, after hearing any witness who may be produced against or on behalf of the person, and after hearing any statement offered in defence, deal with the person as if the person had committed a contempt of court.]

[F138Appeals against information noticesE+W

19ZC(1)A person on whom an information notice is served may appeal against the notice to the First-tier Tribunal on the ground that the notice is not in accordance with the law.E+W

(2)If the Tribunal considers that the notice is not in accordance with the law—

(a)it must quash the notice, and

(b)it may give directions to the [F2Director General] in relation to the service of a further information notice.]

[F138Sensitive information: restriction on further disclosure]E+W

F14319ZDE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F144Investigations by the [F2Director General]: power of seizureU.K.

19ZE(1)The powers conferred by this paragraph are exercisable by a person—U.K.

(a)who is designated under paragraph 19(2) in relation to an investigation (the “designated person”), and

(b)who is lawfully on any premises for the purposes of the investigation.

(2)The designated person may seize anything which is on the premises if the designated person has reasonable grounds for believing—

(a)that it is evidence relating to the conduct or other matter to which the investigation relates, and

(b)that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.

(3)The designated person may require any information which is stored in any electronic form and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible, or from which it can readily be produced in a visible and legible form, if the designated person has reasonable grounds for believing—

(a)that it is evidence relating to the conduct or other matter to which the investigation relates, and

(b)that it is necessary to do so in order to prevent the evidence being concealed, lost, tampered with or destroyed.

(4)The powers conferred by this paragraph do not authorise the seizure of an item which the designated person exercising the power has reasonable grounds for believing to be an item subject to legal privilege within the meaning of the 1984 Act (see section 10 of that Act).

(5)Where a designated person has the power to seize a thing or require information to be produced under this paragraph and under section 19 of the 1984 Act (by virtue of section 97(8) of the 1996 Act or paragraph 19(4)), the designated person is to be treated for all purposes as acting in exercise of the power conferred by section 19 of the 1984 Act.

(6)In this paragraph “premises” has the same meaning as in the 1984 Act (see section 23 of that Act).

Further provision about seizure under paragraph 19ZEU.K.

19ZF(1)This paragraph applies where a designated person seizes anything under paragraph 19ZE(2).U.K.

(2)The designated person must provide a notice in relation to the thing seized if requested to do so by a person showing himself—

(a)to be the occupier of the premises on which it was seized, or

(b)to have had custody or control of it immediately before the seizure.

(3)The notice must state what has been seized and the reason for its seizure.

(4)The notice must be provided within a reasonable time from the making of the request for it.

(5)In this paragraph “designated person” has the same meaning as in paragraph 19ZE.

Investigations by the [F2Director General]: power of retentionU.K.

19ZG(1)This paragraph applies to anything which, for the purposes of an investigation in accordance with paragraph 19—U.K.

(a)has been seized under paragraph 19ZE(2) or taken away following a requirement imposed under paragraph 19ZE(3), or

(b)is otherwise lawfully in the possession of the [F2Director General].

(2)Anything to which this paragraph applies may be retained by the [F2Director General] for as long as is necessary in all the circumstances, including (amongst other things) so that it may be used as evidence in criminal or disciplinary proceedings or in an inquest held under Part 1 of the Coroners and Justice Act 2009.

(3)For the purposes of sub-paragraph (2), the retention of anything to which this paragraph applies is not necessary if having a photograph or copy of the thing would suffice (and the [F2Director General] may arrange for the thing to be photographed or copied before it ceases to be retained).

Further provision about things retained under paragraph 19ZGU.K.

19ZH(1)This paragraph applies to anything which—U.K.

(a)has been seized (whether under paragraph 19ZE(2) or otherwise), and

(b)is being retained by the [F2Director General] under paragraph 19ZG.

(2)If a request for permission to be granted access to a thing to which this paragraph applies is made to the [F2Director General] by—

(a)a person who had custody or control of the thing immediately before it was seized, or

(b)someone acting on behalf of such a person,

the [F2Director General] must allow the person who made the request access to it under the supervision of a member of the [F145Office's] staff.

(3)Sub-paragraph (4) applies if a request for a photograph or copy of a thing to which this paragraph applies is made to the [F2Director General] by—

(a)a person who had custody or control of the thing immediately before it was seized, or

(b)someone acting on behalf of such a person.

(4)The [F2Director General] must either—

(a)allow the person who made the request access to the thing under the supervision of a member of the [F146Office's] staff for the purpose of photographing or copying it, or

(b)arrange for the thing to be photographed or copied.

(5)If the [F2Director General] acts under sub-paragraph (4)(b), the [F2Director General] must supply the photograph or copy to the person who made the request within a reasonable time from the making of the request.

(6)The [F2Director General] is not obliged to do anything in response to a request under sub-paragraph (2) or (3) if the [F2Director General] has reasonable grounds for believing that to do so would prejudice—

(a)any investigation being carried out in accordance with this Schedule, or

(b)any criminal or disciplinary proceedings or any inquest held under Part 1 of the Coroners and Justice Act 2009.]

[F147Special procedure where investigation relates to police officer or special constableE+W

[F14819A(1)This paragraph applies to an investigation where condition A, B or C is satisfied.E+W

(2)Condition A is that—

(a)the investigation is an investigation of a complaint, and

(b)during the course of the investigation it appears to the person investigating [F149or, in the case of an investigation by a designated person under paragraph 19, the Director General,] that there is an indication that a member of a police force, or a special constable, to whose conduct the investigation relates may have committed a criminal offence or behaved in a manner which would justify the bringing of disciplinary proceedings.

(3)Condition B is that—

(a)the investigation is an investigation of a complaint being carried out by a person appointed under paragraph 18, and

(b)during the course of the investigation the [F2Director General] determines that there is an indication that a member of a police force, or a special constable, to whose conduct the investigation relates may have committed a criminal offence or behaved in a manner which would justify the bringing of disciplinary proceedings.

(4)Condition C is that—

(a)the investigation is an investigation of a recordable conduct matter, and

(b)the investigation relates to the conduct of a member of a police force or a special constable.

(5)Where this paragraph applies to an investigation the person investigating must proceed with the investigation in accordance with regulations made by the Secretary of State under this sub-paragraph.

(6)Regulations under sub-paragraph (5) may (amongst other things) make provision—

(a)as to the procedure to be followed in connection with any interview of the person concerned, including provision requiring the person concerned to attend an interview;

(b)requiring the person investigating to supply information to the appropriate authority.

(7)In this paragraph “the person concerned”—

(a)in relation to an investigation of a complaint, means the person in respect of whom it appears to the person investigating [F150or, in the case of an investigation by a designated person under paragraph 19, the Director General,] that there is the indication mentioned in sub-paragraph (2)(b) or (as the case may be) the person in respect of whom the [F2Director General] determines that there is the indication mentioned in sub-paragraph (3)(b);

(b)in relation to an investigation of a recordable conduct matter, means the person to whose conduct the investigation relates.]

Assessment of seriousness of conduct under investigationE+W

F14819BE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to consider submissions from person whose conduct is being investigatedE+W

F14819CE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interview of person whose conduct is being investigatedE+W

F14819DE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to provide certain information to appropriate authorityE+W

F14819EE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F151Interview of persons serving with the police etc during certain investigationsU.K.

19F(1)This paragraph applies to an investigation of a complaint, recordable conduct matter or DSI matter which—U.K.

(a)is carried out by the appropriate authority under the [F152direction] of the [F2Director General], or

(b)is carried out by [F153a person designated under paragraph 19 (investigations by Director General)].

(2)The Secretary of State may by regulations make provision as to the procedure to be followed in connection with an interview which—

(a)is held with a serving officer during the course of the investigation by the person investigating the complaint or matter [F154other than, in the case of an investigation to which paragraph 19A applies, a serving officer who is the person concerned in relation to the investigation (within the meaning of paragraph 19A).]

F155(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Regulations under sub-paragraph (2) may in particular make provision—

(a)requiring a serving officer to attend an interview,

(b)for determining how the time at which an interview is to be held is to be agreed or decided,

(c)about the information that must be provided to a serving officer being interviewed,

(d)for enabling a serving officer to be accompanied at the interview by a person of a prescribed description.

(4)“Serving officer” means a person who—

(a)is serving with the police, or

(b)is serving with an additional police body.

(5)A person is serving with an additional police body if the person is a member of, or is employed or otherwise engaged for the purposes of, that body (subject to sub-paragraph (6)).

(6)The Secretary of State may by regulations provide, in relation to an additional police body, that a person is serving with that body only if the person—

(a)is a member of, or is employed or otherwise engaged for the purposes of, that body, and

(b)is of a prescribed description.

(7)An “additional police body” means—

(a)a body of constables which is maintained by an authority other than a local policing body and is prescribed in regulations made by the Secretary of State under this sub-paragraph, F156...