Police Reform Act 2002

13(1)It shall be the duty of a [F1local 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 [F3the 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 [F4the Director General] requires that matter to be referred to the [F2Director General] for [F5the 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 [F6local 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 [F7local 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 [F4the Director General], and

(b)the power of a [F8local 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 [F9local policing body] or chief officer refers a matter to the [F2Director General] under this paragraph, and

(b)[F10that body] or chief officer does not consider that to do so might prejudice [F11an investigation of that matter (whether an existing investigation or a possible future one)],

[F10that 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 [F12, 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.