OpenLegislation

Paragraph 24 I1C1

England and Wales

(1)

This paragraph applies where—

(a)

a report of an investigation is submitted to the appropriate authority in accordance with paragraph F122(2); F2...

F3(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

On receipt of the report F4..., the appropriate authority—

F5(a)

shall determine whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report;

(b)

if it determines that F6those conditions are so satisfied, shall notify the Director of Public Prosecutions of the determination and send him a copy of the reportF7 and

(c)

shall notify the persons mentioned in sub-paragraph (5) of its determination under paragraph (a) and of any action taken by it under paragraph (b).

(F8F92A)

The first condition is that the report indicates that there is sufficient evidence to provide a realistic prospect of conviction for a criminal offence against a person (if any) to whose conduct the investigation related.

(2B)

The second condition is that—

(a)

the circumstances are such that, in the opinion of the appropriate authority, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions, or

(b)

any matters dealt with in the report fall within any prescribed category of matters.

F10(2C)

For the purpose of sub-paragraph (2B)(a), the circumstances where the appropriate authority may form the opinion that it is not appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions include circumstances where, in the opinion of the appropriate authority, it is not in the public interest for the matters dealt with in the report to be considered by the Director of Public Prosecutions.

(2D)

In determining whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report, the appropriate authority must have regard to the Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (insofar as the appropriate authority considers it to be relevant).

(3)

The Director of Public Prosecutions shall notify the appropriate authority of any decision of his to take, or not to take, action in respect of the matters dealt with in any report a copy of which has been sent to him under sub-paragraph (2).

F11(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

F12The persons are—

(a)

in the case of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21; and

(b)

in the case of a recordable conduct matter, every person entitled to be kept properly informed in relation to that matter under that section.

F13(5A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5B)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5C)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(6)

F15On receipt of the report ..., the appropriate authority shall also—

(a)

in accordance with regulations under section 50 or 51 of the 1996 Act, determine—

(i)

whether any person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer, and

(F16ia)

whether or not any such person's performance is unsatisfactory, and

(ii)

what action (if any) the authority is required to, or will in its discretion, take in respect of the matters dealt with in the report, and

(F17aa)

if it considers it appropriate to do so, make a determination as to any matter dealt with in the report, being a determination other than one that it is required to make by sub-paragraph (2)(a) or paragraph (a) of this sub-paragraph, and

(F18b)

determine what action (if any), in addition to the action mentioned in paragraph (a)(ii), the authority will in its discretion take in respect of the matters dealt with in the report.

F19(6A)

Where the report is a report of an investigation of a complaint and the appropriate authority is a local policing body, the appropriate authority may also, on receipt of the report, make a recommendation under paragraph 28ZA.

F20(6B)

It shall be the duty of the appropriate authority—

(a)

to take the action which it determines under sub-paragraph (6) that it is required to, or will in its discretion, take, and

(b)

in a case where that action consists of or includes the bringing of disciplinary proceedings, to secure that those proceedings, once brought, are proceeded with to a proper conclusion.

F21(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(11)

In relation to a DSI matter in respect of which a determination has been made under paragraph 21A(2) F23, (2A) F24, (2B) or (4), the references in this paragraph to the appropriate authority are references to the appropriate authority in relation to the person whose conduct is in question.

Annotations

Textual amendments

F1

Words in Sch. 3 para. 24(1)(a) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 23(2)(a); S.I. 2005/1521, art. 3(1)(w)

F2

Word in Sch. 3 para. 24(1)(a) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 47(h)(x); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F3

Sch. 3 para. 24(1)(b) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 47(h)(x); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F4

Words in Sch. 3 para. 24(2) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 47(h)(xi); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F5

Sch. 3 para. 24(2)(a) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 14(2)(a) (with s. 14(1)); S.I. 2008/2993, art. 2(1)(i)(i) (subject to art. 3)

F6

Words in Sch. 3 para. 24(2)(b) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 14(2)(b) (with s. 14(1)); S.I. 2008/2993, art. 2(1)(i)(i) (subject to art. 3)

F7

Sch. 3 para. 24(2)(c) and word inserted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 14(2)(c) (with s. 14(1)); S.I. 2008/2993, art. 2(1)(i)(i) (subject to art. 3)

F8

Sch. 3 para. 24(2A) substituted (29.10.2026) by Crime and Policing Act 2026 (c. 20), ss. 198(2)(a), 255(1) (with s. 198(4)); S.I. 2026/960, reg. 5(c)

F9

Sch. 3 para. 24(2A)(2B) inserted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 14(3) (with s. 14(1)); S.I. 2008/2993, art. 2(1)(i)(i) (subject to art. 3)

F10

Sch. 3 para. 24(2C)(2D) inserted (29.10.2026) by Crime and Policing Act 2026 (c. 20), ss. 198(2)(b), 255(1) (with s. 198(4)); S.I. 2026/960, reg. 5(c)

F11

Sch. 3 para. 24(4) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 15(9)(b), 183(1)(5)(e); S.I. 2020/5, reg. 2(c) (with art. 3(1)(2)(4))

F12

Word in Sch. 3 para. 24(5) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 14(4) (with s. 14(1)); S.I. 2008/2993, art. 2(1)(i)(i) (subject to art. 3)

F13

Sch. 3 para. 24(5A)-(5C) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 47(h)(xii); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F14

Sch. 3 para. 24(6) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 14(6) (with s. 14(1)); S.I. 2008/2993, art. 2(1)(i)(i) (subject to art. 3)

F15

Words in Sch. 3 para. 24(6) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 47(h)(xiii); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F16

Sch. 3 para. 24(6)(a)(ia) inserted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 14(3); S.I. 2012/2892, art. 2(g) (with art. 6)

F17

Sch. 3 para. 24(6)(aa) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 27(2)(a); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F18

Sch. 3 para. 24(6)(b) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 27(2)(b); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F19

Sch. 3 para. 24(6A) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 27(3); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F20

Sch. 3 para. 24(6B) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 15(10)(a), 183(1)(5)(e); S.I. 2020/5, reg. 2(c) (with art. 3(1)(2)(4))

F21

Sch. 3 para. 24(7)-(10) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 15(9)(b), 183(1)(5)(e); S.I. 2020/5, reg. 2(c) (with art. 3(1)(2)(4))

F22

Sch. 3 para. 24(11) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 23(3); S.I. 2005/1521, art. 3(1)(w)

F23

Word in Sch. 3 para. 24(11) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 47(h)(xiv); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F24

Word in Sch. 3 para. 24(11) inserted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(17); S.I. 2017/1249, reg. 2 (with reg. 3)

Modifications

C1

Sch. 3 para. 24 applied (with modifications) (28.12.2005) by virtue of The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(4)(6), Sch. 3

Commencement

I1

Sch. 3 para. 24 wholly in force at 1.4.2004; Sch. 3 para. 24 not in force at Royal Assent see s. 108(2); Sch. 3 para. 24 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 24 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

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))

Notes on Action by the appropriate authority in response to an investigation report under paragraph 22

Textual amendments

F1

Words in Sch. 3 para. 24 heading inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 23(1); S.I. 2005/1521, art. 3(1)(w)