Paragraph 23A F1

(1)

This paragraph applies where—

(a)

the Director General proposes to make a determination under paragraph 23(2)(b) that one or both of the conditions set out in paragraph 23(2A) and (2B) are not satisfied in respect of a report, and

(b)

during the course of the investigation to which the report relates, a person (if any) to whose conduct the report relates was informed that the investigation was being treated as concerning conduct in respect of which the person may be prosecuted for a criminal offence.

(2)

The Director General must—

(a)

take such steps as the Director General considers reasonable to give to every relevant victim (or a person acting on such a victim’s behalf) the opportunity to request, within the relevant period, that the Director General reviews their proposed determination, and

(b)

if such a request is made within the relevant period, so review their proposed determination before making a determination under paragraph 23(2)(b).

(3)

In this paragraph—

“the relevant period” means the period that the Director General considers to give a relevant victim a reasonable opportunity to request that the Director General reviews their proposed determination;
“relevant victim” means a person—
1. (a)
  whom the Director General treats as a victim in relation to an alleged criminal offence constituted by conduct—
  1. (i)
    of the person mentioned in sub-paragraph (1)(b), and
  2. (ii)
    to which the report relates, and
2. (b)
  to whom the Director General considers it appropriate to give the opportunity mentioned in sub-paragraph (2)(a).

Annotations

Textual amendments

F1: Sch. 3 para. 23A inserted (29.6.2026) by Crime and Policing Act 2026 (c. 26), ss. 199, 255(1) (with s. 8(2)); S.I. 2026/689, reg. 2(1)(x)

Notes on Schedule 3

Modifications

C1: Sch. 3 modified (15.12.2017) by S.I. 2012/1204, Sch. Pt. 1 (as inserted by The Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017 (S.I. 2017/1134), reg. 1(1), Sch. 2 (with reg. 2))
C2: Sch. 3 applied (with modifications) by 1984 c. 55, ss. 56A-56C (as inserted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 53(1), 170(4)(c); S.I. 2023/362, reg. 3(1)(v))