Police Reform Act 2002

[F1Action by the [F2Director General] in [F3relation] to an investigation report under paragraph 24AE+W

Textual Amendments

F1Sch. 3 paras. 24A-24C inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 24; S.I. 2005/1521, art. 3(1)(w)

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)

F3Word in Sch. 3 para. 24B cross-heading 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(19); S.I. 2017/1249, reg. 2 (with reg. 3)

24B(1)If the [F2Director General] determines under paragraph 24A(4) that the report indicates that a person serving with the police may have—E+W

(a)committed a criminal offence, or

(b)behaved in a manner which would justify the bringing of disciplinary proceedings,

[F4the Director General] shall notify the appropriate authority in relation to the person whose conduct is in question of [F5the Director General's] determination and, if it appears that that authority has not already been sent a copy of the report, send a copy of the report to that authority.

[F6(1A)Sub-paragraph (3A) of paragraph 24A applies for the purposes of sub-paragraph (1) of this paragraph as it applies for the purposes of sub-paragraph (2)(b) of that paragraph.]

(2)Where the appropriate authority in relation to the person whose conduct is in question is notified of a determination by the [F2Director General] under sub-paragraph (1), it shall record the matter under paragraph 11 as a conduct matter F7. . . .

[F8(3)Where a DSI matter is recorded under paragraph 11 as a conduct matter by virtue of sub-paragraph (2)—

(a)the person investigating the DSI matter shall (subject to any determination made by the [F2Director General] under paragraph [F915(5A) or (5B)]) investigate the conduct matter as if appointed or designated to do so, and

(b)the other provisions of this Schedule shall apply in relation to that matter accordingly.]

Textual Amendments

F4Words 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)

F5Words 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)

F6Sch. 3 para. 24B(1A) 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), ss. 19(3)(e), 183(1)(5)(e); S.I. 2020/5, reg. 2(g) (with art. 3(1)(2)(4))

F7Words in Sch. 3 para. 24B(2) repealed (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 149, 153, Sch. 23 para. 16(2), Sch. 28 Pt. 8 (with s. 14(1)); S.I. 2008/2993, art. 2(1)(k)(ii) (subject to art. 3)

F8Sch. 3 para. 24B(3) inserted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 16(3) (with s. 14(1)); S.I. 2008/2993, art. 2(1)(i)(i) (subject to art. 3)

F9Words in Sch. 3 para. 24B(3)(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. 47(h)(xvi); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

24C(1)[F10This paragraph applies where] the [F2Director General] determines under paragraph 24A(4) that there is no indication in the report that a person serving with the police may have—E+W

(a)committed a criminal offence, or

(b)behaved in a manner which would justify the bringing of disciplinary proceedings,

F11...

F12(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(3)The [F2Director General] may notify the appropriate authority that it must, in accordance with regulations under section 50 or 51 of the 1996 Act, determine—

(a)whether or not the performance of a person serving with the police is unsatisfactory, and

(b)what action (if any) the authority will take in respect of any such person's performance.]

[F13(4)On receipt of a notification under sub-paragraph (3) the appropriate authority shall make those determinations and submit a memorandum to the [F2Director General] setting out the determinations the authority has made.]

[F13(5)On receipt of a memorandum under sub-paragraph (4), the [F2Director General] shall—

(a)consider the memorandum and whether the appropriate authority has made the determinations under sub-paragraph (4) that the [F2Director General] considers appropriate;

(b)determine whether or not to make recommendations under paragraph 27;

(c)make such recommendations (if any) under that paragraph as [F4the Director General] thinks fit.]]

Textual Amendments

F10Words in Sch. 3 para. 24C(1) substituted (1.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 95(8)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2454, art. 3(c)(iii)

F11Words in Sch. 3 para. 24C omitted (1.10.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 95(8)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2454, art. 3(c)(iii)

F12Sch. 3 para. 24C(2) repealed (1.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 95(8)(c) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2454, art. 3(c)(iii)

F13Sch. 3 paras. 24C(3)-(5) inserted (1.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 138(1), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2454, art. 3(a)