Explanatory note

Paragraphs (1) and (4) to (9) of regulation 2 of these Regulations amend the Police (Complaints and Misconduct) Regulations 2004 consequent on the introduction by the Serious Organised Crime and Police Act 2005 of a third category of matter over which the Independent Police Complaints Commission has jurisdiction, namely a death or serious injury matter (referred to in the legislation as a “DSI matter”). These matters arise where a person has died or has been seriously injured following some form of contact with the police, but where there has been no complaint and there is no indication that a criminal or disciplinary offence has been committed and so the case does not come within either of the two existing categories of matters (complaints and conduct matters).

Regulation 2(2) and (3) changes the time within which a chief officer or police authority must refer complaints and conduct matters to the IPCC. Instead of having to be referred by the end of the working day following the day on which the duty to refer arises, complaints and conduct matters will have to be referred by the end of the day, whether or not a working day, following the day on which that duty arises. DSI matters will have to be referred within the same timescale.

Regulation 2(10) corrects an error in the Police (Complaints and Misconduct) Regulations 2004.