Police Reform Act 2002

25 (1) This paragraph applies where a complaint has been subjected to— E+W

(a) an investigation by the appropriate authority on its own behalf; F1 ...

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (1A) But this paragraph does not apply where the person investigating submitted a report on the investigation under provision made by virtue of paragraph 20A(4)(b) and did not (as a result of provision made by virtue of paragraph 20A(4)(a)) submit a further report under paragraph 22(2).

(1B) Where this paragraph applies, the complainant has the right to apply to the relevant review body for a review of the outcome of the complaint.

(1C) The relevant review body must notify the following of an application for a review under sub-paragraph (1B)—

(a) the appropriate authority,

(b) every person entitled to be kept properly informed in relation to the complaint under section 21, and

(c) the person complained against (if any).]

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (2ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (4) Where the relevant review body so requires on the making of an application for a review under sub-paragraph (1B), the appropriate authority must provide the relevant review body with—

(a) a copy of the report of the investigation, and

(b) such information concerning the authority's determinations under paragraph 24 as is described in a notification given by the relevant review body to the authority.]

[F6 (4A) On a review applied for under sub-paragraph (1B), the relevant review body must determine whether the outcome of the complaint is a reasonable and proportionate outcome.

(4B) In making a determination under sub-paragraph (4A), the relevant review body may review the findings of the investigation.

(4C) Where the [F7 Director General] is the relevant review body and the [F7 Director General] finds that the outcome is not a reasonable and proportionate outcome, the [F7 Director General] may—

(a) make [F8 the Director General's] own findings (in place of, or in addition to, findings of the investigation);

(b) direct that the complaint be re-investigated;

(c) make a recommendation to the appropriate authority in respect of any person serving with the police—

(i) that the person has a case to answer in respect of misconduct or gross misconduct or has no case to answer in relation to the person's conduct to which the investigation related;

(ii) that the person's performance is, or is not, unsatisfactory;

(iii) that disciplinary proceedings of the form specified in the recommendation are brought against the person in respect of the person's conduct, efficiency or effectiveness to which the investigation related;

(iv) that any disciplinary proceedings brought against that person are modified so as to deal with such aspects of that conduct, efficiency or effectiveness as may be so specified;

(d) make a recommendation under paragraph 28ZA.

(4D) Where the [F7 Director General] makes a recommendation under sub-paragraph (4C)(c)—

(a) the appropriate authority must notify the [F7 Director General] whether it accepts the recommendation and (if it does) set out in the notification the steps that it is proposing to take to give effect to it, and

(b) sub-paragraphs (4) to (8) and (9)(b) of paragraph 27 apply in relation to the recommendation as if it had been made under that paragraph.

(4E) Where a local policing body is the relevant review body and the local policing body finds that the outcome is not a reasonable and proportionate outcome, the local policing body may—

(a) make a recommendation to the appropriate authority that the complaint be re-investigated by the authority on its own behalf;

(b) where the complaint has not previously been referred to the [F7 Director General] under paragraph 4, make a recommendation to the appropriate authority that it refer the complaint to the [F7 Director General] under sub-paragraph (2) of that paragraph;

(c) make a recommendation to the appropriate authority in respect of any person serving with the police—

(i) that the person has a case to answer in respect of misconduct or gross misconduct or has no case to answer in relation to the person's conduct to which the investigation related;

(ii) that the person's performance is, or is not, unsatisfactory;

(iii) that disciplinary proceedings of the form specified in the recommendation are brought against the person in respect of the person's conduct, efficiency or effectiveness to which the investigation related;

(iv) that any disciplinary proceedings brought against that person are modified so as to deal with such aspects of that conduct, efficiency or effectiveness as may be so specified;

(d) make a recommendation under paragraph 28ZA.

(4F) Sub-paragraph (4G) applies where, on a review applied for under sub-paragraph (1B), the relevant review body determines that the report of the investigation indicates that a criminal offence may have been committed by a person (if any) to whose conduct the investigation related and that—

(a) the circumstances are such that, in the opinion of the relevant review body, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions, or

(b) any matters dealt with in the report fall within any category of matters prescribed for the purposes of paragraph 24(2B)(b).

(4G) Where this sub-paragraph applies—

(a) if the [F7 Director General] is the relevant review body, the [F7 Director General] must notify the Director of Public Prosecutions of the determination under sub-paragraph (4F) and send the Director a copy of the report;

(b) if a local policing body is the relevant review body, the local policing body must make a recommendation to the appropriate authority that the appropriate authority—

(i) notify the Director of Public Prosecutions of the determination under sub-paragraph (4F), and

(ii) send the Director a copy of the report.

(4H) The Secretary of State may by regulations make further provision about recommendations under sub-paragraph (4E)(a), (b) or (c) or (4G)(b).

(4I) The regulations may (amongst other things) authorise the local policing body making the recommendation to require a response to the recommendation.

(4J) Where this paragraph applies because the person investigating submitted a report on the investigation under provision made by virtue of paragraph 20A(4)(b) (“the first report”) and a further report under paragraph 22(2), the references in sub-paragraphs (4B) and (4C)(a) to the findings of the investigation do not include a reference to findings on the first report.]

F9 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (9ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (9ZB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (9ZC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) The [F10 relevant [F11 review] body] shall give notification of [F12 the outcome of a review] under this paragraph [F13 and of its reasons for the determination made under sub-paragraph (4A)]—

(a) to the appropriate authority F14 ...,

(b) to the complainant;

(c) to every person entitled to be kept properly informed in relation to the complaint under section 21; and

(d) except in a case where it appears to the [F15 relevant [F16 review] body] that to do so might prejudice any F17 ... re-investigation of the complaint, to the person complained against [F18 (if any)].

F19 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) It shall be the duty of the appropriate authority to comply with any directions given to it under this paragraph.

(13) The Secretary of State may by regulations make provision—

(a) for the form and manner in which [F20 applications under sub-paragraph (1B) are to be made];

(b) for the period within which any such [F21 application must be made]; and

[F22 (c) for the procedure to be followed by the relevant review body when carrying out a review applied for under sub-paragraph (1B).]

[F23 (14) In this paragraph references in relation to an investigation to the outcome of the complaint do not include the outcome of any criminal or disciplinary proceedings brought in relation to any matter which was the subject of the investigation.]

Textual Amendments

F1 Word in Sch. 3 para. 25(1)(a) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 47(h)(xvii); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F2 Sch. 3 para. 25(1)(b) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 47(h)(xvii); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F3 Sch. 3 para. 25(1A)-(1C) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 34(2); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F4 Sch. 3 para. 25(2)-(3) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 34(3); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F5 Sch. 3 para. 25(4) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 34(4); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F6 Sch. 3 para. 25(4A)-(4J) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 34(5); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F7 Words in Sch. 3 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(2) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)

F8 Words in Sch. 3 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(5) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)

F9 Sch. 3 para. 25(5)-(9A) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 34(6); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F10 Words in Sch. 3 para. 25(10) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 20(12)(a); S.I. 2012/2892, art. 2(g) (with art. 6)

F11 Word in Sch. 3 para. 25(10) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 34(7)(a)(i); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F12 Words in Sch. 3 para. 25(10) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 34(7)(a)(ii); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F13 Words in Sch. 3 para. 25(10) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 34(7)(a)(iii); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F14 Words in Sch. 3 para. 25(10)(a) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 34(7)(b); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F15 Words in Sch. 3 para. 25(10)(d) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 20(12)(c); S.I. 2012/2892, art. 2(g) (with art. 6)

F16 Word in Sch. 3 para. 25(10)(d) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 34(7)(c)(i); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F17 Words in Sch. 3 para. 25(10)(d) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 34(7)(c)(ii); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F18 Words in Sch. 3 para. 25(10)(d) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 4 para. 8(4); S.I. 2020/5, reg. 2(m) (with art. 3(1)(2)(4))

F19 Sch. 3 para. 25(11) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 34(8); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F20 Words in Sch. 3 para. 25(13)(a) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 34(9)(a); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F21 Words in Sch. 3 para. 25(13)(b) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 34(9)(b); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F22 Sch. 3 para. 25(13)(c) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 34(9)(c); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F23 Sch. 3 para. 25(14) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 34(10); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

Modifications etc. (not altering text)

C1 Sch. 3 para. 25 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. 25 wholly in force at 1.4.2004; Sch. 3 para. 25 not in force at Royal Assent see s. 108(2); Sch. 3 para. 25 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 25 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)