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4(1)It shall be the duty of the appropriate authority to refer a complaint to the [Director General] if—E+W
(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.]
Textual Amendments
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