[F1Reviews relating to complaints dealt with other than by investigationE+W
Textual Amendments
F1Sch. 3 para. 6A and cross-heading 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. 31; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
6A(1)This paragraph applies where a complaint is handled by the appropriate authority in accordance with paragraph 6(2A) otherwise than by the authority making arrangements for the complaint to be investigated by the authority on its own behalf.E+W
(2)The complainant has the right to apply to the relevant review body for a review of the outcome of the complaint.
(3)The relevant review body must notify the following of an application for a review under sub-paragraph (2)—
(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).
(4)On a review applied for under sub-paragraph (2), the relevant review body must determine whether the outcome is a reasonable and proportionate outcome.
(5)Where the [F2Director General] is the relevant review body and the [F2Director General] finds that the outcome is not a reasonable and proportionate outcome, the [F2Director General] may—
(a)determine that it is necessary for the complaint to be investigated;
(b)make a recommendation under paragraph 28ZA.
(6)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)where the complaint has not previously been referred to the [F2Director General] under paragraph 4, make a recommendation to the appropriate authority that it refer the complaint to the [F2Director General] under sub-paragraph (2) of that paragraph;
(b)make a recommendation to the appropriate authority that it make arrangements for the complaint to be investigated by the authority on its own behalf;
(c)make a recommendation under paragraph 28ZA.
(7)The Secretary of State may by regulations make further provision about recommendations under sub-paragraph (6)(a) or (b).
(8)The regulations may (amongst other things) authorise the local policing body making the recommendation to require a response to the recommendation.
(9)The relevant review body must give notification of the outcome of a review under this paragraph and of its reasons for the determination made under sub-paragraph (4)—
(a)to the appropriate authority,
(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 relevant review body that to do so might prejudice any investigation of the complaint, to the person complained against (if any).
(10)In this paragraph references to the outcome of a complaint do not include the outcome of any criminal or disciplinary proceedings brought in relation to any matter which was the subject of the complaint.]
Textual Amendments
F2Words 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)