http://www.legislation.gov.uk/id/ukpga/2017/3/schedule/5

http://www.legislation.gov.uk/ukpga/2017/3/schedule/5/paragraph/6

Policing and Crime Act 2017

An Act to make provision for collaboration between the emergency services; to make provision about the handling of police complaints and other matters relating to police conduct and to make further provision about the Independent Police Complaints Commission; to make provision for super-complaints about policing; to make provision for the investigation of concerns about policing raised by whistle-blowers; to make provision about police discipline; to make provision about police inspection; to make provision about the powers of police civilian staff and police volunteers; to remove the powers of the police to appoint traffic wardens; to enable provision to be made to alter police ranks; to make provision about the Police Federation; to make provision in connection with the replacement of the Association of Chief Police Officers with the National Police Chiefs' Council; to make provision about the system for bail after arrest but before charge; to make provision about the retention of biometric material; to make provision to enable greater use of modern technology at police stations; to make other amendments to the Police and Criminal Evidence Act 1984; to amend the powers of the police under the Mental Health Act 1983; to extend the powers of the police in relation to maritime enforcement; to make provision for cross-border enforcement; to make provision about the powers of the police to require removal of disguises; to make provision about deputy police and crime commissioners and the Deputy Mayor for Policing and Crime; to make provision to enable changes to the names of police areas; to make provision about the regulation of firearms and pyrotechnic articles; to make provision about the licensing of alcohol; to make provision about the implementation and enforcement of financial sanctions; to amend the Police Act 1996 to make further provision about police collaboration; to make provision about the powers of the National Crime Agency; to make provision for requiring arrested persons to provide details of nationality; to make provision for requiring defendants in criminal proceedings to provide details of nationality and other information; to make provision about the seizure etc of invalid travel documents; to make provision for pardons for convictions etc for certain abolished offences; to make provision to protect the anonymity of victims of forced marriage; to increase the maximum sentences of imprisonment for certain offences of putting people in fear of violence etc; to make provision to combat the sexual exploitation of children and to protect children and vulnerable adults from harm; to make provision about coroners' duties in respect of deaths in state detention; to make provision about the powers of litter authorities in Scotland; and for connected purposes.

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Statute Law Database

2024-05-18

Expert Participation

2023-12-26

Policing and Crime Act 2017

specified provision(s)

The Policing and Crime Act 2017 (Commencement No. 5 and Transitional Provisions) (Amendment) Regulations 2017

reg. 2

SCHEDULES

SCHEDULE 5Complaints, conduct matters and DSI matters: procedure

Part 2Handling of complaints

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1

Paragraph 6 (handling of complaints by the appropriate authority) is amended as follows.

2

In sub-paragraph (2), omit the “or” at the end of paragraph (a) and omit paragraph (b).

3

After sub-paragraph (2) insert—

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.

4

Omit sub-paragraphs (3) to (11).

SCHEDULES

SCHEDULE 5Complaints, conduct matters and DSI matters: procedure

Part 2Handling of complaints

I1I26

1

2

3

2A

2B

a

b

2C

a

b

2D

2E

4

I1 I26