Regulation 83 Relevant appeal bodyI1

England and Wales

(1)

The relevant appeal body in relation to an appeal is—

(a)

the F1IOPC DG, in a case where the relevant complaint falls within a description of a complaint specified in paragraph (2);

(b)

the Director General in any other case.

(2)

Complaints to which this paragraph applies are any complaint—

(a)

about the conduct of a senior officer;

(b)

in the case of which the appropriate authority is unable to satisfy itself, from the complaint alone, that the conduct complained of (if it were proved)—

(i)

would not justify the bringing of criminal or misconduct proceedings against a person serving with the police; or

(ii)

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);

(c)

that has been, or must be, referred to the IOPC DG under regulation 22;

(d)

arising from the same incident as a complaint to which sub-paragraph (a), (b) or (c) applies;

(e)

to any part of which sub-paragraph (a), (b), (c) or (d) applies.

(3)

Where an appeal is made to the IOPC DG and the appropriate authority is the relevant appeal body in relation to the appeal, the IOPC DG must—

(a)

forward the appeal to the appropriate authority; and

(b)

notify the person who made the appeal that—

(i)

the appropriate authority is the relevant appeal body; and

(ii)

the appeal has been forwarded.

(4)

In an appeal to which paragraph (3) applies, the appeal is taken to have been—

(a)

made to the appropriate authority; and

(b)

so made at the time when it is forwarded to the appropriate authority.

(5)

Where an appeal is made to the appropriate authority and the IOPC DG is the relevant appeal body in relation to the appeal, the appropriate authority must—

(a)

forward the appeal to the IOPC DG; and

(b)

notify the person who made the appeal that—

(i)

the IOPC DG is the relevant appeal body; and

(ii)

the appeal has been forwarded.

(6)

In an appeal to which paragraph (5) applies, the appeal is taken to have been—

(a)

made to the IOPC DG; and

(b)

so made at the time when it is forwarded to the IOPC DG.

(7)

In this regulation—

“appeal” mean an appeal under regulation 25(15), 27(1), 64(19) or 71(2);
“relevant complaint”, in relation to an appeal, means the complaint to which the appeal relates.

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. 83 in force at 7.10.2013, see reg. 1(1)

Footnotes

f1: 1998 c. 42.