Police Reform Act 2002

Initial handling and recording of complaints E+W

2 (1) Where a complaint is made to the Commission—

(a) it shall ascertain whether the complainant is content for the police authority or chief officer who is the appropriate authority to be notified of the complaint; and

(b) it shall give notification of the complaint to the appropriate authority if, and only if, the complainant is so content.

(2) Where a complaint is made to a police authority, it shall—

(a) determine whether or not it is itself the appropriate authority; and

(b) if it determines that it is not, give notification of the complaint to the person who is.

(3) Where a complaint is made to a chief officer, he shall—

(a) determine whether or not he is himself the appropriate authority; and

(b) if he determines that he is not, give notification of the complaint to the person who is.

(4) Where the Commission—

(a) is prevented by sub-paragraph (1)(b) from notifying any complaint to the appropriate authority, and

(b) considers that it is in the public interest for the subject-matter of the complaint to be brought to the attention of the appropriate authority and recorded under paragraph 11,

the Commission may bring that matter to the appropriate authority’s attention under that paragraph as if it were a recordable conduct matter, and (if it does so) the following provisions of this Schedule shall have effect accordingly as if it were such a matter.

(5) Where the Commission, a police authority or a chief officer gives notification of a complaint under any of sub-paragraphs (1) to (3) or the Commission brings any matter to the appropriate authority’s attention under sub-paragraph (4), the person who gave the notification or, as the case may be, the Commission shall notify the complainant—

(a) that the notification has been given and of what it contained; or

(b) that the matter has been brought to the appropriate authority’s attention to be dealt with otherwise than as a complaint.

(6) Where—

(a) a police authority determines, in the case of any complaint made to the authority, that it is itself the appropriate authority,

(b) a chief officer determines, in the case of any complaint made to that chief officer, that he is himself the appropriate authority, or

(c) a complaint is notified to a police authority or chief officer under this paragraph,

the authority or chief officer shall record the complaint.

(7) Nothing in this paragraph shall require the notification or recording by any person of any complaint about any conduct if—

(a) that person is satisfied that the subject-matter of the complaint has been, or is already being, dealt with by means of criminal or disciplinary proceedings against the person whose conduct it was; or

(b) the complaint has been withdrawn.

Modifications etc. (not altering text)

C1 Sch. 3 para. 2 applied (with modifications) (1.4.2006) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(5)(6), Sch. 3

Commencement Information

I1 Sch. 3 para. 2 wholly in force at 1.4.2004; Sch. 3 para. 2 not in force at Royal Assent see s. 108(2); Sch. 3 para. 2 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 2 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)