Police Reform Act 2002

E+W

5 (1) It shall be the duty of the [F1 Director General] in the case of every complaint referred to [F2 the Director General] by a [F3 local policing body] or chief officer, to determine whether or not it is necessary for the complaint to be investigated.

[F4 (1A) The Secretary of State may by regulations provide that the [F1 Director General] must determine that it is necessary for complaints referred to [F2 the Director General] that relate to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis to be investigated.

(1B) Regulations under sub-paragraph (1A) may provide that the duty on the [F1 Director General] applies only in relation to complaints relating to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis that are of a description specified in the regulations.

(1C) Regulations under sub-paragraph (1A) may also provide that, where the [F1 Director General] is required by the regulations to determine that it is necessary for a complaint to be investigated, paragraph 15 is to apply in relation to the complaint as if sub-paragraphs (4)(a), (4A) and (5A)(b) were omitted.]

(2) Where the [F1 Director General] determines under this paragraph that it is not necessary for a complaint to be investigated [F5 —

(a) in a case where the complaint is already being investigated by the appropriate authority on its own behalf (and notwithstanding the [F6 Director General's] determination), the [F1 Director General] must refer the complaint back to the appropriate authority for the investigation to be completed, and

(b) in any other case, the [F1 Director General] may, if [F2 the Director General] thinks fit, refer the complaint back to the appropriate authority to be dealt with by that authority in accordance with paragraph 6.]

(3) Where the [F1 Director General] refers a complaint back under sub-paragraph (2), [F2 the Director General] shall give a notification of the making of the reference back—

(a) to the complainant, and

(b) except in a case where it appears to the [F1 Director General] that to do so might prejudice [F7 an investigation of the complaint (whether an existing investigation or a possible future one)], to the person complained against [F8 (if any)].

Textual Amendments

F1 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)

F2 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(4) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)

F3 Words in Sch. 3 para. 5(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 300(6); S.I. 2011/3019, art. 3, Sch. 1

F4 Sch. 3 para. 5(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. 10(2); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F5 Words in Sch. 3 para. 5(2) 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. 10(3); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F6 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(3) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)

F7 Words in Sch. 3 para. 5(3)(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. 10(4); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F8 Words in Sch. 3 para. 5(3)(b) 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. 7(5); S.I. 2020/5, reg. 2(m) (with art. 3(1)(2)(4))

Modifications etc. (not altering text)

C1 Sch. 3 para. 5 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. 5 wholly in force at 1.4.2004; Sch. 3 para. 5 not in force at Royal Assent see s. 108(2); Sch. 3 para. 5 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 5 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)