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Police and Criminal Evidence Act 1984
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Changes over time for: Section 85
Version Superseded: 01/04/1999
Alternative versions:
- 01/02/1991- Amendment
- 05/07/1996
Point in time - 01/04/1999- Amendment
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Point in time view as at 05/07/1996. This version of this provision has been superseded.
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Police and Criminal Evidence Act 1984, Section 85 is up to date with all changes known to be in force on or before 07 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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85 Investigation of complaints: standard procedure.E+W
(1)If a chief officer determines that he is the appropriate authority in relation to an officer about whose conduct a complaint has been made and who is not a senior officer, he shall record it.
(2)After doing so he shall consider whether the complaint is suitable for informal resolution and may appoint an officer from his force to assist him.
(3)If it appears to the chief officer that the complaint is not suitable for informal resolution, he shall appoint an officer from his force or some other force to investigate it formally.
(4)It if appears to him that it is suitable for informal resolution, he shall seek to resolve it informally and may appoint an officer from his force to do so on his behalf.
(5)If it appears to the chief officer, after attempts have been made to resolve a complaint informally—
(a)that informal resolution of the complaint is impossible; or
(b)that the complaint is for any other reason not suitable for informal resolution,
he shall appoint an officer from his force or some other force to investigate it formally.
(6)An officer may not be appointed to investigate a complaint formally if he has previously been appointed to act in relation to it under subsection (4) above.
(7)If a chief officer requests the chief officer of some other force to provide an officer of his force for appointment under subsection (3) or (5) above, that chief officer shall provide an officer to be so appointed.
(8)No officer may be appointed under this section unless he is—
(a)of at least the rank of chief inspector; and
(b)of at least the rank of the officer against whom the complaint is made.
(9)Unless the investigation is supervised by the Authority under section 89 below, the investigating officer shall submit his report on the investigation to the chief officer.
(10)A complaint is not suitable for informal resolution unless—
(a)the member of the public concerned gives his consent; and
(b)the chief officer is satisfied that the conduct complained of, even if proved, would not justify a criminal or disciplinary charge.
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