Regulation 24 Handling of complaints by the appropriate authorityI1

England and Wales

(1)

This regulation applies where a complaint has been recorded by the appropriate authority.

(2)

But this regulation does not apply to a complaint if it is one that has been, or must be, referred to the F1IOPC DG under regulation 22, unless the complaint is for the time being—

(a)

referred back to the authority under regulation 23; or

(b)

the subject of a determination under regulation 38.

(3)

Subject to regulation 25, the appropriate authority shall determine whether or not the complaint is suitable for being subjected to local resolution.

(4)

If the appropriate authority determines that the complaint is suitable for being subjected to local resolution, it shall make arrangements for it to be so subjected.

(5)

If the appropriate authority determines that the complaint is not so suitable, it shall make arrangements for the complaint to be investigated by the authority on its own behalf.

(6)

A determination that a complaint is suitable for being subjected to local resolution may not be made unless—

(a)

the appropriate authority is satisfied that the conduct complained of (even if it were proved) would not justify the bringing of any criminal or disciplinary proceedings against the person whose conduct is complained of; and

(b)

the appropriate authority is satisfied that the conduct complained of (even if it were proved) would not involve the infringement of a person’s rights under Article 2 or 3 of the Convention (within the meaning of the Human Rights Act 1998^f1).

(7)

In a case where this regulation applies to a complaint by virtue of paragraph (2)(b), a determination that the complaint is suitable for being subjected to local resolution may not be made unless the IOPC DG approves the determination.

(8)

No more than one application may be made to the IOPC DG for the purposes of paragraph (9) in respect of the same complaint.

(9)

Paragraph (9) (where applicable) is in addition to paragraphs (6) to (8).

Annotations

Textual amendments

F1: Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 30(2)(a) (with regs. 30(3), 37)

Commencement

I1: Reg. 24 in force at 7.10.2013, see reg. 1(1)

Footnotes

f1: 1998 c. 42.