OpenLegislation

Paragraph 3

Original text. Later amendments are not shown.

(1)

For the purposes of regulation 3 a complaint is a repetitious one if, and only if—

(a)

it is substantially the same as a previous complaint (whether made by or on behalf of the same or a different complainant);

(b)

it contains no fresh allegations which significantly affect the account of the conduct complained of;

(c)

no fresh evidence, being evidence which was not reasonably available at the time the previous complaint was made, is tendered in support of it; and

(d)

such action as is referred to in sub-paragraph (2) has been taken as respects the previous complaint.

(2)

The condition in sub-paragraph (1)(d) shall be satisfied if, as respects the previous complaint, either—

(a)

the requirements of section 75(4) and (5) of the 1996 Act were complied with;

(b)

the complaint was informally resolved in accordance with the provisions of section 83 of the Police Act 1997;

(c)

the complainant gave such notification as is mentioned in regulation 3(2)(c); or

(d)

the Authority, under regulation 3, dispensed with the requirements mentioned in paragraph (1) of that regulation.