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The Police (Complaints and Misconduct) Regulations 2020

S.I. 2020/2 · Made 6 January 2020 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 13 July 2026.

Police

Made 6th January 2020

Laid before Parliament 10th January 2020

Coming into force 1st February 2020

The Secretary of State makes the following Regulations in exercise of the powers conferred by the provisions of the Police Reform Act 2002f1 specified in Schedule 1 to these Regulationsf2 and section 180(1) and (3) of the Policing and Crime Act 2017f3.

In accordance with section 24 of the Police Reform Act 2002f4, the Secretary of State has consulted with the Office, the Director Generalf5, such persons as appear to the Secretary of State to represent the views of police and crime commissioners, the Mayor’s Office for Policing and Crime, the Common Council, the National Police Chiefs’ Councilf6 and such other persons as the Secretary of State thinks fit.

In accordance with section 63(3)(b) of the Police Act 1996f7, the Secretary of State supplied a draft of these Regulations to the Police Advisory Board for England and Wales and has taken into consideration the representations made by that Board before making these Regulations.

Annotations to the whole text

Footnotes

f1

2002 c. 30.

f2

In addition, paragraph 29 of Schedule 3 to the 2002 Act states that in Part 3 of that Schedule “prescribed” means prescribed by regulations made by the Secretary of State. Paragraph 29 was inserted by paragraphs 1, 3 and 19 of Schedule 23 to the Criminal Justice and Immigration Act 2008 (c. 4).

f3

2017 c. 3.

f4

Section 24 was amended by paragraphs 277 and 289 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13) and paragraphs 15 and 32 of Schedule 9, and paragraphs 6 and 7 of Schedule 14, to the Policing and Crime Act 2017.

f5

Section 29(1) of the 2002 Act defines “the Office” and “the Director General”. The definitions were inserted by paragraphs 15 and 40(1) and (2) of Schedule 9 to the Policing and Crime Act 2017.

f6

Section 101(1) of the Police Act 1996 (c. 16) defines “police and crime commissioner”, “the Mayor’s Office for Policing and Crime”, “the Common Council” and “the National Police Chiefs’ Council”. The definitions were inserted by section 96(1) and (2) of the Police Reform and Social Responsibility Act 2011 and paragraph 1(1) and (3) of Schedule 14 to the Policing and Crime Act 2017.

f7

1996 c. 16. Section 63(3) was substituted by paragraphs 68 and 78 of Schedule 4 to the Serious Organised Crime and Police Act 2005 (c. 15) and amended by section 10(3)(b) of the Policing and Crime Act 2009 (c. 26); there are further amendments to section 63(3) but none is relevant.

Contents

  1. Part 1: Preliminary
  2. 1Citation, commencement, interpretation and application
  3. 2Revocation and transitional and saving provisions
  4. Part 2: Handling of complaints, conduct matters and DSI matters
  5. 3Recording of complaints: copies of complaints etc.
  6. 4Reference of complaints to the Director General
  7. 5Complaints relating to the conduct of chief officers etc.
  8. 6Handling of complaints by the appropriate authority: exception to the duty to investigate
  9. 7Recording and reference of conduct matters
  10. 8Recordable conduct matters relating to the conduct of chief officers etc.
  11. 9Reference of DSI Matters
  12. 10DSI matters relating to the conduct of chief officers etc.
  13. Part 3: Investigations and subsequent proceedings
  14. 11Notification of determination of form of investigation etc: exceptions
  15. 12Appointment of persons to carry out investigations
  16. 13Timeliness of investigations
  17. 14Combining and splitting investigations
  18. 15Change of form of investigation: provision of documentation and evidence
  19. 16Special procedure: severity assessment
  20. 17Special procedure: notification of severity assessment etc.
  21. 18Special procedure: police friend
  22. 19Special procedure: revision of severity assessment
  23. 20Special procedure: representations to the person investigating
  24. 21Special procedure: interview of the person concerned
  25. 22Special procedure: duty to provide information to appropriate authority
  26. 23Police friend: police staff members and designated police volunteers
  27. 24Accelerated procedure: statement and report
  28. 25Accelerated procedure: investigations by the appropriate authority on its own behalf
  29. 26Accelerated procedure: other investigations
  30. 27Report on investigation
  31. 28Provision of copy of report on investigation etc. to person to whose conduct the investigation related
  32. 29Reviews
  33. 30Recommendations by the Director General or a local policing body
  34. 31Recommendations by the Director General under paragraph 28A of Schedule 3
  35. 32Relevant review body
  36. Part 4: Keeping the complainant and interested person informed
  37. 33Matters of which the complainant and interested person must be kept properly informed
  38. 34Manner in which duties to keep the complainant and interested person informed are to be performed
  39. 35Exceptions to duties to keep the complainant and interested person informed
  40. 36Meaning of “relative”
  41. 37Appropriate authority to notify the Director General of outcome of disciplinary proceedings etc.
  42. Part 5: General
  43. 38Withdrawn complaints
  44. 39Withdrawn complaints: no written signed notification
  45. 40Suspension of investigation or other procedure
  46. 41Resumption of investigation of complaint after criminal proceedings
  47. 42Complaints and conduct matters relating to the conduct of a person who has ceased to be a person serving with the police
  48. 43Complaints and conduct matters concerning a person whose identity is unascertained
  49. 44Records to be kept by local policing bodies and chief officers
  50. 45Register to be kept by the Director General
  51. 46Delegation of exercise or performance of powers and duties by chief officers
  52. 47Definition of “disciplinary proceedings” for the purposes of Part 2 of the 2002 Act in relation to police staff members and designated police volunteers
  53. 48Local policing body functions in relation to complaints: giving of section 13A notices
  54. 49Local policing body functions in relation to complaints: withdrawal of section 13A notices
  55. 50Delegation of exercise or performance of powers and duties by local policing bodies
  56. 51Manner and time limit of notifications under these Regulations
  57. 52Application of Part 2 of the 2002 Act etc. to old cases
  58. 53Amendment of policing protocol
  59. 54Amendment of the Police (Complaints and Conduct) Regulations 2013
  60. 55Amendment of the Public Interest Disclosure (Prescribed Persons) Order 2014
  61. Signature
  62. Schedule 1Provisions of the 2002 Act conferring powers under which these Regulations are made
  63. Schedule 2: Modifications to Part 2 of the 2002 Act and to these Regulations
  64. Part 1: Modifications to Part 2 of the 2002 Act
  65. 1Modification to section 29 (interpretation of Part 2)
  66. 2Modifications to Part 3 of Schedule 3 (investigations and subsequent proceedings)
  67. Part 2: Modifications to these Regulations
  68. 3Modification to regulation 1 (citation, commencement, interpretation and application)
  69. 4Modification to regulation 16 (special procedure: severity assessment)
  70. 5Modification to regulation 17 (special procedure: notification of severity assessment etc.)
  71. 6Modification to regulation 18 (special procedure: police friend)
  72. 7Modification to regulation 21 (special procedure: interview of the person concerned)
  73. 8Modification: insertion of regulation 21A
  74. 9Modification: omission of regulation 22 (special procedure: duty to provide information to appropriate authority)
  75. 10Modification to regulation 27 (report on investigation)
  76. 11Modification to regulation 28 (provision of copy of report on investigation etc. to person to whose conduct the investigation related)
  77. 12Modification to regulation 30 (recommendation by the Director General or a local policing body)
  78. Explanatory note