C10C13C12C14C16C5C6C7C8C9Part 2Complaints and Misconduct

Annotations:
Modifications etc. (not altering text)
C10

Pt. 2 power to apply amend or modify conferred (31.10.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 7 para. 7(1); S.I. 2011/2515, art. 2(d)

C13

Pt. 2 applied (with modifications) (22.11.2012) by The Police (Complaints and Misconduct) Regulations 2012 (S.I. 2012/1204), regs. 1(1), 35(1) (with reg. 35(2))

C12

Pt. 2 applied (with modifications) (22.11.2012) by The Police (Complaints and Misconduct) Regulations 2012 (S.I. 2012/1204), regs. 1(1), 27

C5

Pt. 2 (ss. 9-29) applied (with modifications) (1.4.2004) by The Police (Complaints and Misconduct) Regulations 2004 (S.I. 2004/643), regs. 21, 29, 30

C9

Pt. 2 (ss. 9-29): power to apply conferred (7.4.2005 at 5.45 p.m.) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 28(2)(a), 53; S.I. 2005/1126, art. 2

Guidance and regulations

C1C2C3C4C11C1522 Power of the Commission to issue guidance

1

The Commission may issue guidance—

a

to F6local policing bodies ,

b

to chief officers, and

c

to persons who are serving with the police otherwise than as chief officers,

concerning the exercise or performance, by the persons to whom the guidance is issued, of any of the powers or duties specified in subsection (2).

2

Those powers and duties are—

a

those that are conferred or imposed by or under this Part; and

b

those that are otherwise conferred or imposed but relate to—

i

the handling of complaints;

ii

the means by which recordable conduct matters F1or DSI matters are dealt with; or

iii

the detection or deterrence of misconduct by persons serving with the police.

3

Before issuing any guidance under this section, the Commission shall consult with—

F2F7a

such persons as appear to the Commission to represent the views of police and crime commissioners;

aa

the Mayor's Office for Policing and Crime;

ab

the Common Council;

b

the Association of Chief Police Officers; and

c

such other persons as it thinks fit.

4

The approval of the Secretary of State shall be required for the issue by the Commission of any guidance under this section.

5

Without prejudice to the generality of the preceding provisions of this section, the guidance that may be issued under this section includes—

a

guidance about the handling of complaints which have not yet been recorded and about dealing with recordable conduct matters F3or DSI matters that have not been recorded;

b

guidance about the procedure to be followed by the appropriate authority when recording a complaint or any recordable conduct matter F4or DSI matter;

c

guidance about—

i

how to decide whether a complaint is suitable for being subjected to local resolution; F9...

F8ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

guidance about how to protect the scene of an incident or alleged incident which—

i

is or may become the subject-matter of a complaint; or

ii

is or may involve a recordable conduct matter F4or DSI matter;

e

guidance about the circumstances in which it is appropriate (where it is lawful to do so)—

i

to disclose to any person, or to publish, any information about an investigation of a complaint F5, conduct matter or DSI matter; or

ii

to provide any person with, or to publish, any report or other document relating to such an investigation;

f

guidance about the matters to be included in a memorandum under paragraph 23 or 25 of Schedule 3 and about the manner in which, and the place at which, such a memorandum is to be delivered to the Commission.

6

Nothing in this section shall authorise the issuing of any guidance about a particular case.

7

It shall be the duty of every person to whom any guidance under this section is issued to have regard to that guidance in exercising or performing the powers and duties to which the guidance relates.

8

A failure by a person to whom guidance under this section is issued to have regard to the guidance shall be admissible in evidence in any disciplinary proceedings or on any appeal from a decision taken in any such proceedings.