Police Reform Act 2002

Part 2 E+W Handling of conduct matters

Conduct matters arising in civil proceedingsE+W

10(1)This paragraph applies where—

(a)a [F1local 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 [F2that body] or chief officer, or it otherwise appears to a [F1local policing body] or chief officer that such proceedings are likely to be so brought; and

(b)it appears to [F2that 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)[F3The 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 [F4local 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 [F5determine whether the matter is one which it or he is required to refer to the Commission under paragraph 13 or is one which it would be appropriate to so refer].

[F6(4)In a case where the appropriate authority determines that the matter is one which it or he is required to refer to the Commission 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 Commission 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 [F7sub-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)[F8This paragraph applies where—]

(a)a conduct matter comes (otherwise than as mentioned in paragraph 10) to the attention of the [F9local 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),

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F11(3)The appropriate authority must determine whether the matter is one which it or he is required to refer to the Commission 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 Commission 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 Commission 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 [F12sub-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.

(5)If it appears to the Commission—

(a)that any matter that has come to its attention is a recordable conduct matter, but

(b)that that matter has not been recorded by the appropriate authority,

the Commission may direct the appropriate authority to record that matter; and it shall be the duty of that authority to comply with the direction.

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 [F13local policing body] maintaining his force, it shall be the duty of [F14that 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 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 [F15local policing body] to comply with all such directions as may be given to it by the Commission 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 [F16local policing body] maintaining his force or by the Commission.

Reference of conduct matters to the CommissionE+W

13(1)It shall be the duty of a [F17local policing body] or a chief officer to refer a recordable conduct matter to the Commission if, in a case (whether or not falling within paragraph 10) in which [F18the body] or chief officer is the appropriate authority—

(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 Commission notifies the appropriate authority that it requires that matter to be referred to the Commission for its 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 Commission 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 [F19local policing body] maintaining any police force may refer any recordable conduct matter to the Commission if—

(a)it is one in relation to which the chief officer of police of that force is the appropriate authority; and

(b)the [F20local 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 Commission, 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 Commission by virtue of sub-paragraph (1)(c) to require a matter to be referred to it, and

(b)the power of a [F21local policing body] or chief officer to refer any matter to the Commission 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 Commission.

(6)Where—

(a)a [F22local policing body] or chief officer refers a matter to the Commission under this paragraph, and

(b)[F23that body] or chief officer does not consider that to do so might prejudice a possible future investigation of that matter,

[F23that 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 Commission under this paragraph on a previous occasion—

(a)shall not be required to be referred again under this paragraph unless the Commission so directs; and

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

Duties of Commission on references under paragraph 13E+W

14(1)It shall be the duty of the Commission, in the case of every recordable conduct matter referred to it by a [F24local policing body] or chief officer under paragraph 13, to determine whether or not it is necessary for the matter to be investigated.

(2)Where the Commission determines under this paragraph that it is not necessary for a recordable conduct matter to be investigated, it may if it 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 Commission refers a matter back to the appropriate authority under this paragraph, and

(b)the Commission does not consider that to do so might prejudice a possible future investigation of that matter,

the Commission shall give a notification of the making of the reference to the person to whose conduct that matter relates.