The Police (Complaints and Misconduct) Regulations 2004
| Jurisdiction | UK Non-devolved |
| Citation | SI 2004/643 |
| Year | 2004 |
2004 No. 643
POLICE, ENGLAND AND WALES
The Police (Complaints and Misconduct) Regulations 2004
Made 8th March 2004
Laid before Parliament 11th March 2004
Coming into force 1st April 2004
Whereas the Secretary of State, has consulted, in accordance with sections 24 and 39(11) of the Police Reform Act 20021, the Independent Police Complaints Commission, persons whom he considers to represent the interests of police authorities, persons whom he considers to represent the interests of chief officers of police and such other persons as he thinks fit;
And whereas the Secretary of State has supplied a draft of these Regulations to the Police Advisory Board for England and Wales and has taken into consideration their representations in accordance with section 63(3)(d) of the Police Act 19962;
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 39(1) and 83(1) to (2A) of the Police Act 19973, and sections 13, 20(5), 21(10) and (12), 23, 29(1), 39(9) and 105(4) and (5) of, and paragraphs 3(7), 4(1)(b) and (4), 7(1) and (3), 8(2), 9(8), 11(2)(c), 13(4), 23(11), 24(9) and 25(13) of Schedule 3 to, the Police Reform Act 2002, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Police (Complaints and Misconduct) Regulations 2004 and shall come into force on 1st April 2004.
(2) In these Regulations—
“the 2002 Act” means the Police Reform Act 2002;
“bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 19714in England and Wales.
“the Commission” means the Independent Police Complaints Commission;
“working day” means any day other than a Saturday or Sunday or a day which is a bank holiday or public holiday in England and Wales.
Reference of complaints to the Commission
2.—(1) For the purposes of paragraph 4(1)(b) of Schedule 3 to the 2002 Act (reference to the Commission of any complaint of a specified description), the complaints set out in paragraph (2) are hereby specified.
(2) Those complaints are—
(a)
(a) any complaints not falling within paragraph 4(1)(a) of that Schedule but alleging conduct which constitutes—
(i) a serious assault, as defined in guidance issued by the Commission;
(ii) a serious sexual offence, as defined in guidance issued by the Commission;
(iii) serious corruption, as defined in guidance issued by the Commission;
(iv) a criminal offence or behaviour which is liable to lead to a disciplinary sanction and which in either case was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion, or other status identified in guidance by the Commission;
(v) a serious arrestable offence, within the meaning of section 116 of the Police and Criminal Evidence Act 19845, or
(b)
(b) complaints which arise from the same incident as one in which any conduct falling within sub-paragraph (a) or within paragraph 4(1)(a) of Schedule 3 to the 2002 Act is alleged.
(3) Where a complaint is required to be referred to the Commission under sub-paragraph (1)(a) or (b) of paragraph 4 of Schedule 3 to the 2002 Act, notification of the complaint shall be given to the Commission—
(a)
(a) not later than the end of the working day following the day on which it first becomes clear to the appropriate authority that the complaint is one to which that sub-paragraph applies, and
(b)
(b) in such manner as the Commission specifies.
(4) Where a complaint is required to be referred to the Commission under sub-paragraph (1)(c) of paragraph 4 of Schedule 3 to the 2002 Act, notification of the complaint shall be given to the Commission—
(a)
(a) not later than the end of the working day following the day on which the Commission notifies the appropriate authority that the complaint is to be referred, and
(b)
(b) in such manner as the Commission specifies.
Dispensation by the Commission
3.—(1) For the purposes of paragraph 7 of Schedule 3 to the 2002 Act (dispensation by the Commission from requirements of Schedule 3) the complaints set out in paragraph (2) are hereby specified—
(2) Those complaints are complaints where the appropriate authority considers that—
(a)
(a) more than 12 months have elapsed between the incident, or the latest incident, giving rise to the complaint and the making of the complaint and either that no good reason for the delay has been shown or that injustice would be likely to be caused by the delay;
(b)
(b) the matter is already the subject of a complaint;
(c)
(c) the complaint discloses neither the name and address of the complainant nor that of any other interested person and it is not reasonably practicable to ascertain such a name or address;
(d)
(d) the complaint is vexatious, oppressive or otherwise an abuse of the procedures for dealing with complaints;
(e)
(e) the complaint is repetitious; or
(f)
(f) it is not reasonably practicable to complete the investigation of the complaint or any other procedures under Schedule 3 to the 2002 Act.
(3) For the purposes of paragraph (2)(e) a complaint is repetitious if, and only if—
(a)
(a) it is substantially the same as a previous complaint (whether made by or on behalf of the same or a different complainant), or it concerns substantially the same conduct as a previous conduct matter;
(b)
(b) it contains no fresh allegations which significantly affect the account of the conduct complained of;
(c)
(c) no fresh evidence, being evidence which was not reasonably available at the time the previous complaint was made, is tendered in support of it; and
(d)
(d) as respects the previous complaint or conduct matter, either—
(i) the requirements of paragraph 23(7) or 24(6) of Schedule 3 to the 2002 Act (determination by the appropriate authority of what action to take) were complied with;
(ii) the complaint was locally resolved in accordance with the provisions of paragraph 8 of that Schedule;
(iii) the Commission gave the appropriate authority a direction under regulation 7(7)(b) (requirement to dispense with the requirements of Part 2 of the 2002 Act);
(iv) the complainant gave such notification that he withdrew the complaint as is mentioned in regulation 15(1)(a); or
(v) the Commission, under paragraph 7 of Schedule 3 to the 2002 Act, gave the appropriate authority permission to handle the complaint in whatever way it saw fit.
(4) For the purposes of paragraph (2)(f) it is not reasonably practicable to complete the investigation of a complaint or any other procedures under Schedule 3 to the 2002 Act if, and only if—
(a)
(a) it is not reasonably practicable to communicate with the complainant or a person acting on his behalf; or
(b)
(b) it is not reasonably practicable to complete a satisfactory investigation in consequence of—
(i) a refusal or failure, on the part of the complainant, to make a statement or afford other reasonable assistance for the purposes of the investigation; or
(ii) the lapse of time since the event or events forming the subject-matter of the complaint.
(5) In this regulation any reference to action not being reasonably practicable shall include a reference to action which it does not appear reasonably practicable to take within a period which is reasonable in all the circumstances of the case.
(6) An application under paragraph 7(1) of Schedule 3 to the 2002 Act for permission to handle a complaint in whatever manner (if any) an authority thinks fit shall be in writing and shall be accompanied by—
(a)
(a) a copy of the complaint;
(b)
(b) an explanation of the appropriate authority’s reasons for making the application;
(c)
(c) in a case falling within paragraph (2)(e), the previous complaint and a copy of the record of any resolution, withdrawal or dispensation of that complaint;
(d)
(d) copies of any other documents or material in the possession of the appropriate authority which are relevant to the complaint.
(7) The appropriate authority shall supply any further information requested by the Commission for the purpose of considering an application by that authority made under paragraph 7 of Schedule 3 to the 2002 Act.
Local resolution of complaints
4.—(1) The procedures that are to be available for dealing with a complaint which is to be subjected to local resolution are, subject to the provisions of this regulation, any procedures which are approved by the Commission.
(2) Where it appears to the appointed person that the complaint had in fact already been satisfactorily dealt with at the time it was brought to his notice, he may, subject to any representation by the complainant, treat it as having been locally resolved.
(3) The appointed person shall as soon as practicable give the complainant and the person complained against an opportunity to comment on the complaint.
(4) The appointed person shall not, for the purpose of locally resolving a complaint, tender on behalf of the person complained against an apology for his conduct unless the person complained against has admitted the conduct in question and has agreed to the apology.
(5) Where the person complained against chooses not to comment on the complaint, the appointed person shall record this fact in writing.
(6) Where a complaint has been dealt with by way of local resolution a record shall be made as soon as practicable of the outcome of the procedure and the person complained against shall be sent a copy of that record.
(7) A complainant shall be entitled to obtain a copy of that record from the appropriate authority if he applies for such a copy not later than the end of three months from the day on which—
(a)
(a) the local resolution of his complaint was achieved; or
(b)
(b) for whatever other reason, it was determined that the complaint should no longer be subject to that procedure.
(8) An appropriate authority shall provide a copy of any...
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