Police Reform Act 2002

[F113BPower of the [F2Director 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 [F3Director General] has been submitted to [F4the 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 [F3Director General] has been submitted to [F4the Director General] [F5(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 [F3Director General] may at any time determine that the complaint, recordable conduct matter or DSI matter is to be re-investigated if [F6the Director General] is satisfied that there are compelling reasons for doing so.

(3)Where the [F3Director General] makes a determination under subsection (2), [F7the Director General] must determine that the re-investigation is to take the form of an investigation by the [F3Director General] unless subsection (4) applies, in which case the [F3Director General] must determine that the re-investigation is to take the form described in that subsection.

(4)This subsection applies where the [F3Director 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 [F3Director General].

(5)Where—

(a)the [F3Director General] determines under subsection (3) or (7) that a re-investigation is to take the form of an investigation by the [F3Director General], and

(b)at any time after that the [F3Director General] determines that subsection (4) applies in relation to the re-investigation,

the [F3Director 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 [F3Director General].

(6)Where the [F3Director 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 [F3Director General], the [F3Director General] must keep under review whether subsection (4) continues to apply in relation to the re-investigation.

(7)If, on such a review, the [F3Director General] Director General determines that subsection (4) no longer applies in relation to a re-investigation, the [F3Director 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 [F3Director 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 [F3Director General] shall notify the appropriate authority of any determination that [F8the Director General] makes under this section and of [F9the Director General's] reasons for making the determination.

(11)The [F3Director General] shall also notify the following of any determination that [F10the Director General] makes under this section and of [F11the 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 [F3Director 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.]