Police Reform Act 2002

Police Reform Act 2002

2002 CHAPTER 30

The Act

Commentary on Sections

Schedule 3Part 3: Investigations and subsequent proceedings

Paragraph 15: Power of the Commission to determine the form of investigation

100. Under sub-paragraphs (1) to (4), if a complaint or conduct matter has been referred to the Commission under the provisions in paragraphs 4 or 13 and the Commission has decided, under paragraphs 5 or 14, that the matter requires investigation, it will determine, according to the seriousness of the case and the public interest, the form the investigation should take. The Commission will have four options:

• a police investigation on behalf of the appropriate authority;

• a police investigation supervised by the Commission;

• a police investigation managed by the Commission; or

• an investigation by the Commission independent of the police.

101. Having made a determination on the form the investigation should take, sub-paragraph (5) allows the Commission to make a further determination at any time if it believes another form of investigation is more appropriate. A further determination may be necessary if new information comes to light or circumstances change that will make another form of investigation more suitable. In such a case, under sub-paragraph (6), the Commission must notify the appropriate authority and will be able to give directions to that authority as it sees fit to enable smooth transition from one method of investigation to another.