Regulation 41 Attendance of complainant or interested person at second stage meetingF6I1
England and Wales
This regulation applies in a case falling within regulation 32 where the F1second stage meeting arises from—
a conduct matter or DSI matter under Schedule 3 to the 2002 Act (handling of complaints and conduct matters etc.), or
the investigation of a complaint to which paragraph 19A of that Schedule (special procedure where investigation relates to police officer or special constable)f1 applied.
The appropriate authority must give the complainant or any interested person a written notice of the date, time and place of the F2second stage meeting.
Subject to this regulation and any conditions imposed under regulation 42(13)—
the complainant may attend as an observer any part of the F3second stage meeting relating to the subject matter of the complaint, and
an interested person may attend as an observer any part of the F4second stage meeting relating to the subject matter of the complaint or conduct matter in respect of which the person is an interested person.
Subject to paragraph (5) and any conditions imposed under regulation 42(13), a complainant or interested person may be accompanied by one other person, and if the complainant or interested person has a special need, by one further person to accommodate that need.
Where a complainant or interested person, or any accompanying person, is to give evidence as a witness at the F5second stage meeting, the complainant or interested person and any accompanying person may not be allowed to attend the meeting before giving evidence.
Where the officer concerned objects to the complainant or interested person, or any accompanying person, being present while a submission is made in mitigation on the officer’s behalf, the panel chair may require the complainant or interested person, or any accompanying person, to withdraw while the submission is made.
The panel chair may, at the panel chair’s discretion, put any questions to the officer concerned that the complainant or interested person may request be put to the officer.
Annotations
Textual amendments
- F1
Words in reg. 41(1) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 47(3) (with reg. 65)
- F2
Words in reg. 41(2) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 47(4) (with reg. 65)
- F3
Words in reg. 41(3)(a) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 47(5) (with reg. 65)
- F4
Words in reg. 41(3)(b) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 47(5) (with reg. 65)
- F5
Words in reg. 41(5) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 47(6) (with reg. 65)
- F6
Words in reg. 41 heading substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 47(2) (with reg. 65)
Commencement
- I1
Reg. 41 in force at 1.2.2020, see reg. 1
Footnotes
- f1
-
Paragraph 19A was substituted for paragraphs 19A to 19E by paragraphs 9 and 21 of Schedule 5 to the 2017 Act.
Notes on Part 5
Textual amendments
- F1
Words in Pt. 5 heading substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 36 (with reg. 65)