# Police Reform Act 2002, Paragraph 4


(1) It shall be the duty of the appropriate authority to refer a complaint to the Director General if—
(a) the complaint is one alleging that the conduct or other matter complained of has resulted in death or serious injury;
(b) the complaint is of a description specified for the purposes of this sub-paragraph in regulations made by the Secretary of State; or
(c) the Director General notifies the appropriate authority that the Director General requires the complaint in question to be referred to the Director General for the Director General's consideration.
(2) In a case where there is no obligation under sub-paragraph (1) to make a reference, the appropriate authority may refer a complaint to the Director General if that authority considers that it would be appropriate to do so so by reason of—
(a) the gravity of the subject-matter of the complaint; or
(b) any exceptional circumstances.
(3) In a case in which a reference under sub-paragraph (1) or (2) is neither made nor required to be made, a local policing body may refer a complaint to the Director General if—
(a) it is one in relation to which the chief officer of police of the police force maintained by that body is the appropriate authority; and
(b) the local policing body considers that it would be appropriate to do so reason of—
(i) the gravity of the subject-matter of the complaint; or
(ii) any exceptional circumstances.
(4) Where there is an obligation under this paragraph to refer a complaint to the Director General, it must be so referred within such period as may be provided for by regulations made by the Secretary of State.
(5) Subject to sub-paragraph (7), the following powers—
(a) the power of the Director General by virtue of sub-paragraph (1)(c) to require a complaint to be referred to the Director General, and
(b) the power of a local policing body or chief officer to refer a complaint to the Director General under sub-paragraph (2) or (3),
shall each be exercisable at any time irrespective of whether the complaint is already being investigated by any person or has already been considered by the Director General.
(5A) The power of an appropriate authority to refer a complaint to the Director General under sub-paragraph (2) is also exercisable after a complaint has been handled in accordance with this Schedule if a recommendation is made under paragraph 6A(6)(a) or 25(4E)(b) (recommendation on a review).
(6) A local policing body or chief officer which refers a complaint to the Director General under this paragraph shall give a notification of the making of the reference—
(a) to the complainant, and
(b) except in a case where it appears to that body or chief officer that to do so might prejudice an investigation of the complaint (whether an existing investigation or a possible future one), to the person complained against (if any).
(6A) A local policing body which refers a complaint to the Director General under sub-paragraph (3) shall also give a notification of the making of the reference to the appropriate authority.
(7) A complaint that has already been referred to the Director General under this paragraph on a previous occasion , or that has been treated as having been so referred by virtue of paragraph 4A—
(a) shall not be required to be referred again under this paragraph unless the Director General so directs; and
(b) shall not be referred in exercise of any power conferred by this paragraph unless the Director General consents.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) The appropriate authority must record any complaint that is referred to the Director General under this paragraph that has not already been recorded.

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Source: https://www.legislation.gov.uk/ukpga/2002/30/schedule/3/paragraph/4 (the official version)
Page: https://openlegislation.uk/police-reform-act-2002/schedule-3/paragraph-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.