Part 1Police
Chapter 2Complaints and misconduct
Supervision of complaints
34“Relevant complaint” and “person serving with the police”
1
In this Chapter, “relevant complaint” means a complaint which is given or sent by any of the persons mentioned in subsection (6) to the appropriate authority in relation to the complaint.
2
In subsection (1), “complaint” means a written statement expressing dissatisfaction about an act or omission—
a
by a police authority;
b
by a joint police board;
c
by a police force;
d
by the Authority;
e
by the Agency; or
f
by a person who, at the time of the act or omission, was a person serving with the police.
3
But “complaint” does not include—
a
any statement made by a person serving with, or who has served with, the police, about the terms and conditions of that person's service with the police; or
b
a statement which consists of or includes an allegation of an act or omission which constitutes a crime.
4
An act or omission need not be one occurring in the course of a person's duty, employment or appointment (as the case may be) in order to fall within subsection (2)(f).
5
A complaint need not identify a person serving with the police who is the subject of the complaint in order to fall within subsection (2)(f).
6
The persons referred to in subsection (1) are—
a
a member of the public who claims to be the person in relation to whom the act or omission took place;
b
a member of the public not falling within paragraph (a) who claims to have been adversely affected by the act or omission;
c
a member of the public who claims to have witnessed the act or omission;
d
a person acting on behalf of a person falling within any of paragraphs (a) to (c).
7
For the purposes of this section, a person is serving with the police if the person—
a
is a constable of a police force;
b
is employed or appointed by virtue of section 9 of the 1967 Act (employment otherwise than as a constable) by a police authority or a joint police board;
c
is a member of the staff of the Authority; or
d
is a member of the Agency,
and related expressions are to be construed accordingly.