SCHEDULES

SCHEDULE 3Handling of Complaints and Conduct matters etc.

Part 1Handling of complaints

Reference of complaints to the F1Director General

4

(1)

It shall be the duty of the appropriate authority to refer a complaint to the F1Director General if—

(a)

the complaint is one alleging that the conduct F2or other matter complained of has resulted in death or serious injury;

(b)

the complaint is of a description specified for the purposes of this sub-paragraph in regulations made by the Secretary of State; or

(c)

the F1Director General notifies the appropriate authority that F3the Director General requires the complaint in question to be referred to the F1Director General for F4the Director General's consideration.

(2)

In a case where there is no obligation under sub-paragraph (1) to make a reference, the appropriate authority may refer a complaint to the F1Director General if that authority considers that it would be appropriate to do so so by reason of—

(a)

the gravity of the subject-matter of the complaint; or

(b)

any exceptional circumstances.

(3)

In a case in which a reference under sub-paragraph (1) or (2) is neither made nor required to be made, a F5local policing body may refer a complaint to the F1Director General if—

(a)

it is one in relation to which the chief officer of police of the police force maintained by F6that body is the appropriate authority; and

(b)

the F5local policing body considers that it would be appropriate to do so reason of—

(i)

the gravity of the subject-matter of the complaint; or

(ii)

any exceptional circumstances.

(4)

Where there is an obligation under this paragraph to refer a complaint to the F1Director General, it must be so referred within such period as may be provided for by regulations made by the Secretary of State.

(5)

Subject to sub-paragraph (7), the following powers—

(a)

the power of the F1Director General by virtue of sub-paragraph (1)(c) to require a complaint to be referred to F3the Director General, and

(b)

the power of a F7local policing body or chief officer to refer a complaint to the F1Director General under sub-paragraph (2) or (3),

shall each be exercisable at any time irrespective of whether the complaint is already being investigated by any person or has already been considered by the F1Director General.

F8(5A)

The power of an appropriate authority to refer a complaint to the F1Director General under sub-paragraph (2) is also exercisable after a complaint has been handled in accordance with this Schedule if a recommendation is made under paragraph 6A(6)(a) or 25(4E)(b) (recommendation on a review).

(6)

A F9local policing body or chief officer which refers a complaint to the F1Director General under this paragraph shall give a notification of the making of the reference—

(a)

to the complainant, and

(b)

except in a case where it appears to F10that body or chief officer that to do so might prejudice F11an investigation of the complaint (whether an existing investigation or a possible future one), to the person complained against F12(if any).

F13(6A)

A local policing body which refers a complaint to the F1Director General under sub-paragraph (3) shall also give a notification of the making of the reference to the appropriate authority.

(7)

A complaint that has already been referred to the F14Director General under this paragraph on a previous occasion F15, or that has been treated as having been so referred by virtue of paragraph 4A—

(a)

shall not be required to be referred again under this paragraph unless the F1Director General so directs; and

(b)

shall not be referred in exercise of any power conferred by this paragraph unless the F1Director General consents.

F16(8)

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F17(9)

The appropriate authority must record any complaint that is referred to the F1Director General under this paragraph that has not already been recorded.