The Police (Complaints and Misconduct) Regulations 2012

Recording and reference of conduct matters

7.—(1) For the purposes of paragraph 11(2)(c) of Schedule 3 to the 2002 Act (recording etc of conduct matters), the following descriptions of conduct are hereby specified—

(a)a serious assault, as defined in guidance issued by the Commission;

(b)a serious sexual offence, as defined in guidance issued by the Commission;

(c)serious corruption, as defined in guidance issued by the Commission;

(d)a criminal offence or behaviour which is liable to lead to misconduct proceedings and which in either case was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion, or other status identified in guidance by the Commission;

(e)a relevant offence;

(f)conduct whose gravity or other exceptional circumstances make it appropriate to record the matter in which the conduct is involved; or

(g)conduct which is alleged to have taken place in the same incident as one in which conduct within sub-paragraphs (a) to (e) is alleged.

(2) For the purposes of paragraphs 10(4A) and 11(3B) of Schedule 3 to the 2002 Act (conduct matters not required to be recorded), any conduct matter which is repetitious within the meaning of paragraph (3) is specified.

(3) A conduct matter is repetitious for the purposes of paragraph (2) if, and only if—

(a)it concerns substantially the same conduct as a previous complaint or conduct matter;

(b)there is no fresh indication in respect of that matter that a person serving with the police may have committed a criminal offence or behaved in a manner which would justify the bringing of disciplinary proceedings;

(c)there is no fresh evidence in respect of that matter which was not reasonably available at the time the previous complaint was made or the previous conduct matter was recorded; and

(d)as respects the previous complaint or conduct matter, either—

(i)the complaint was locally resolved in accordance with the provisions of paragraph 8 of Schedule 3 to the 2002 Act;

(ii)the complaint was handled otherwise than in accordance with Schedule 3 to the 2002 Act or no action was taken in relation to it, in accordance with paragraph 7 of that Schedule (disapplication of requirements of Schedule);

(iii)the Commission gave the appropriate authority a direction under regulation 10(10)(b) of these Regulations or regulation 7(7)(b) of the Police (Complaints and Misconduct) Regulations 2004 (power of the Commission to discontinue an investigation);

(iv)the appropriate authority disapplied the requirements of Schedule 3 Part 2 of the 2002 Act in accordance with regulation 10(12)(b);

(v)the complainant gave such notification as is mentioned in regulation 21(1) of these Regulations or regulation 15(1) of the Police (Complaints and Misconduct) Regulations 2004 (withdrawn complaints), and the complaint does not fall to be treated as a recordable conduct matter by reason of regulation 21(4) to (8) of these Regulations or regulation 15(4) to (8) of the Police (Complaints and Misconduct) Regulations 2004; or

(vi)the requirements of paragraph 23(7) or 24(6) of Schedule 3 to the 2002 Act (determination by the appropriate authority of what action to take) were complied with.

(4) For the purposes of paragraph 13(1)(b) of Schedule 3 to the 2002 Act (reference of recordable conduct matters to the Commission) any matter which relates to conduct falling within paragraph (1)(a) to (e) or (g) of this regulation is hereby specified.

(5) Any conduct matter which is required to be referred to the Commission shall be referred in such manner as the Commission specifies and—

(a)if the matter falls within sub-paragraph (1)(a) or (b) of paragraph 13 of Schedule 3 to the 2002 Act, without delay and in any event not later than the end of the day following the day on which it first becomes clear to the appropriate authority that the conduct matter is one to which that sub-paragraph applies, and

(b)if the matter falls within sub-paragraph (1)(c) of that paragraph, without delay and in any event not later than the end of the day following the day on which the Commission notifies the appropriate authority that the conduct matter is to be referred.