The Police (Complaints and Misconduct) Regulations 2020
S.I. 2020/2 · Made 6 January 2020 · Extends to United Kingdom
Police
Made 6th January 2020
Laid before Parliament 10th January 2020
Coming into force 1st February 2020
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
- f2
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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
- f4
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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
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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
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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.
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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
- Part 1: Preliminary
- 1Citation, commencement, interpretation and application
- 2Revocation and transitional and saving provisions
- Part 2: Handling of complaints, conduct matters and DSI matters
- 3Recording of complaints: copies of complaints etc.
- 4Reference of complaints to the Director General
- 5Complaints relating to the conduct of chief officers etc.
- 6Handling of complaints by the appropriate authority: exception to the duty to investigate
- 7Recording and reference of conduct matters
- 8Recordable conduct matters relating to the conduct of chief officers etc.
- 9Reference of DSI Matters
- 10DSI matters relating to the conduct of chief officers etc.
- Part 3: Investigations and subsequent proceedings
- 11Notification of determination of form of investigation etc: exceptions
- 12Appointment of persons to carry out investigations
- 13Timeliness of investigations
- 14Combining and splitting investigations
- 15Change of form of investigation: provision of documentation and evidence
- 16Special procedure: severity assessment
- 17Special procedure: notification of severity assessment etc.
- 18Special procedure: police friend
- 19Special procedure: revision of severity assessment
- 20Special procedure: representations to the person investigating
- 21Special procedure: interview of the person concerned
- 22Special procedure: duty to provide information to appropriate authority
- 23Police friend: police staff members and designated police volunteers
- 24Accelerated procedure: statement and report
- 25Accelerated procedure: investigations by the appropriate authority on its own behalf
- 26Accelerated procedure: other investigations
- 27Report on investigation
- 28Provision of copy of report on investigation etc. to person to whose conduct the investigation related
- 29Reviews
- 30Recommendations by the Director General or a local policing body
- 31Recommendations by the Director General under paragraph 28A of Schedule 3
- 32Relevant review body
- Part 4: Keeping the complainant and interested person informed
- 33Matters of which the complainant and interested person must be kept properly informed
- 34Manner in which duties to keep the complainant and interested person informed are to be performed
- 35Exceptions to duties to keep the complainant and interested person informed
- 36Meaning of “relative”
- 37Appropriate authority to notify the Director General of outcome of disciplinary proceedings etc.
- Part 5: General
- 38Withdrawn complaints
- 39Withdrawn complaints: no written signed notification
- 40Suspension of investigation or other procedure
- 41Resumption of investigation of complaint after criminal proceedings
- 42Complaints and conduct matters relating to the conduct of a person who has ceased to be a person serving with the police
- 43Complaints and conduct matters concerning a person whose identity is unascertained
- 44Records to be kept by local policing bodies and chief officers
- 45Register to be kept by the Director General
- 46Delegation of exercise or performance of powers and duties by chief officers
- 47Definition of “disciplinary proceedings” for the purposes of Part 2 of the 2002 Act in relation to police staff members and designated police volunteers
- 48Local policing body functions in relation to complaints: giving of section 13A notices
- 49Local policing body functions in relation to complaints: withdrawal of section 13A notices
- 50Delegation of exercise or performance of powers and duties by local policing bodies
- 51Manner and time limit of notifications under these Regulations
- 52Application of Part 2 of the 2002 Act etc. to old cases
- 53Amendment of policing protocol
- 54Amendment of the Police (Complaints and Conduct) Regulations 2013
- 55Amendment of the Public Interest Disclosure (Prescribed Persons) Order 2014
- Signature
- Schedule 1Provisions of the 2002 Act conferring powers under which these Regulations are made
- Schedule 2: Modifications to Part 2 of the 2002 Act and to these Regulations
- Part 1: Modifications to Part 2 of the 2002 Act
- 1Modification to section 29 (interpretation of Part 2)
- 2Modifications to Part 3 of Schedule 3 (investigations and subsequent proceedings)
- Part 2: Modifications to these Regulations
- 3Modification to regulation 1 (citation, commencement, interpretation and application)
- 4Modification to regulation 16 (special procedure: severity assessment)
- 5Modification to regulation 17 (special procedure: notification of severity assessment etc.)
- 6Modification to regulation 18 (special procedure: police friend)
- 7Modification to regulation 21 (special procedure: interview of the person concerned)
- 8Modification: insertion of regulation 21A
- 9Modification: omission of regulation 22 (special procedure: duty to provide information to appropriate authority)
- 10Modification to regulation 27 (report on investigation)
- 11Modification to regulation 28 (provision of copy of report on investigation etc. to person to whose conduct the investigation related)
- 12Modification to regulation 30 (recommendation by the Director General or a local policing body)
- Explanatory note