The Service Police (Complaints etc.) Regulations 2023

1. Introductory Text

2. PART 1 Introductory

   1. 1. Citation, commencement and extent

   2. 2. Interpretation

3. PART 2 The Service Police Complaints Commissioner

   1. 3. General functions of the Commissioner

   2. 4. Cooperation between the Commissioner and the Chief Inspector of Constabulary

   3. 5. Efficiency etc. in exercise of functions

   4. 6. Strategy for exercise of functions

   5. 7. Reports to the Secretary of State

4. PART 3 Complaints etc.

   1. CHAPTER 1 General

      1. 8. Application of this Part

      2. 9. Complaints, matters and persons to which this Part applies

      3. 10. Complaints and conduct matters relating to the conduct of former members of a service police force

   2. CHAPTER 2 Handling of complaints

      1. 11. Duties to preserve evidence relating to complaints

      2. 12. Initial handling and recording of complaints

      3. 13. Reference of complaints to the Commissioner

      4. 14. Power of the Commissioner to treat complaint as having been referred

      5. 15. Recording of complaints: copies of complaints etc.

      6. 16. Duties of the Commissioner on references under regulation 13

      7. 17. Handling of complaints by the appropriate authority

      8. 18. Reviews relating to complaints dealt with other than by investigation

      9. 19. Withdrawn complaints

      10. 20. Withdrawn complaints: no written signed notification

   3. CHAPTER 3 Handling of conduct matters

      1. 21. Conduct matters arising in civil proceedings

      2. 22. Recording etc. of conduct matters in other cases

      3. 23. Duties to preserve evidence relating to conduct matters

      4. 24. Reference of conduct matters to the Commissioner

      5. 25. Power of the Commissioner to treat conduct matter as having been referred

      6. 26. Duties of the Commissioner on references under regulation 24

   4. CHAPTER 4 Handling of Death and Serious Injury Matters

      1. 27. Duty to record DSI matters

      2. 28. Duty to preserve evidence relating to DSI matters

      3. 29. Reference of DSI matters to the Commissioner

      4. 30. Power of the Commissioner to treat DSI matter as having been referred

      5. 31. Duties of the Commissioner on references under regulation 29

   5. CHAPTER 5 Investigations and Subsequent Proceedings etc.

      1. 32. Power of the Commissioner to determine the form of an investigation

      2. 33. Investigations by the appropriate authority on its own behalf

      3. 34. Investigations directed by the Commissioner

      4. 35. Appointment of persons to carry out investigations

      5. 36. Investigations by the Commissioner

      6. 37. Timeliness of investigations

      7. 38. Combining and splitting investigations

      8. 39. Change of form of investigation: provision of documentation and evidence

      9. 40. Suspension of investigation or other procedure

      10. 41. Resumption of investigation of complaint after disciplinary or criminal proceedings

      11. 42. Complaints and conduct matters concerning a person whose identity is unascertained

      12. 43. Investigations by the Commissioner: power to serve information notice

      13. 44. Failure to comply with information notice

      14. 45. Appeals against information notices

      15. 46. Special procedure where investigation relates to service police

      16. 47. Special procedure: severity assessment

      17. 48. Special procedure: notification of severity assessment etc.

      18. 49. Special procedure: revision of severity assessment

      19. 50. Special procedure: representations to the person investigating

      20. 51. Special procedure: interview of the person concerned

      21. 52. Special procedure: duty to provide information to appropriate authority

      22. 53. Procedure for interviews of witnesses who are members of the service police forces during certain investigations

      23. 54. Restrictions on proceedings pending the conclusion of an investigation

      24. 55. Procedure where conduct matter is revealed during investigation of DSI matter

      25. 56. Final reports on investigations: complaints, conduct matters and certain DSI matters

      26. 57. Action by the Commissioner in relation to an investigation report under regulation 56

      27. 58. Action by the appropriate authority in response to an investigation report under regulation 56

      28. 59. Provision of copy of report on investigation etc. to person to whose conduct the investigation related

      29. 60. Final reports on investigations: other DSI matters

      30. 61. Action by the Commissioner in relation to an investigation report under regulation 60

      31. 62. Appropriate authority to notify the Commissioner of outcome of administrative action procedures etc.

      32. 63. Power of the Commissioner to require re-investigation

      33. 64. Reviews with respect to an investigation and recommendations by relevant review bodies

      34. 65. Application for reviews under regulations 18 and 64

      35. 66. Re-investigations following a review

      36. 67. Notification of determination of form of investigation etc: exceptions

      37. 68. Recommendations by the Commissioner, the Defence Council or the Boards

      38. 69. Recommendations by the Commissioner

      39. 70. Response to recommendation

      40. 71. Delegation of exercise or performance of powers and duties by the Defence Council or a Board

      41. 72. Manner and time limit of notifications under this Part

      42. 73. General duties of the Defence Council, the Boards, Provost Marshals and Inspectors

      43. 74. Provision of information to the Commissioner

      44. 75. Inspections of service police premises on behalf of the Commissioner

      45. 76. Records to be kept by the Defence Council, Boards and Provost Marshals

      46. 77. Duty to keep the complainant informed

      47. 78. Duty to provide information for other persons

      48. 79. Manner in which duties to keep the complainant and interested person informed are to be performed

      49. 80. Exceptions to duties to keep the complainant and interested person informed

      50. 81. Restrictions on disclosure of sensitive information

      51. 82. Provision of sensitive information to the Commissioner and certain investigators

      52. 83. Register to be kept by the Commissioner

      53. 84. Delegation of exercise or performance of powers and duties by Provost Marshals

      54. 85. Power of the Commissioner to issue guidance

      55. 86. Consequential amendments

5. PART 4 Super-complaints

   1. CHAPTER 1 Interpretation

      1. 87. Interpretation of this Part

   2. CHAPTER 2 Power to make super-complaints

      1. 88. Power to make super-complaints

      2. 89. Criteria for the making of designations

      3. 90. Criterion for the revocation of designations

      4. 91. Guidance about super-complaints

      5. 92. Requirements for making super-complaints

   3. CHAPTER 3 Duties in respect of super-complaints

      1. 93. Duty to acknowledge receipt

      2. 94. Duty to determine eligibility for consideration

      3. 95. Duty to provide progress reports

      4. 96. Duty to report on outcome of investigation

   4. CHAPTER 4 Further provision about super-complaints

      1. 97. Powers in relation to investigations

      2. 98. Information sharing etc.

6. Signature

7. 1. SCHEDULE 1

      Further provision in relation to investigations under regulation 36 (investigations by the Commissioner)

      1. PART 1 Modifications

         1. 1. The provisions specified in paragraphs 2 to 8 apply in...

         2. 2. Application of the Criminal Justice and Public Order Act 1994

         3. 3. Application of Part 3 and 4 of the Armed Forces Act 2006

         4. 4. Application of the Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2009

         5. 5. Application of the Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009

         6. 6. Application of the Armed Forces (Disposal of Property) Regulations 2023

         7. 7. Application of the Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009

         8. 8. Application of the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021

      2. PART 2 Consequential Amendments

         1. 9. Amendment of the Police Act 1997

         2. 10. Amendment of the Regulation of Investigatory Powers Act 2000

         3. 11. Amendment of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010

   2. SCHEDULE 2

      Consequential Amendments

      1. 1. Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

      2. 2. Amendment of the Official Secrets Act 1989 (Prescription) Order 1990

      3. 3. Amendment of the Armed Forces (Service Complaints Miscellaneous Provisions) Regulations 2015

8. Explanatory Note