Part 2Complaints and Misconduct

Guidance and regulations

22 Power of the F1Director General to issue guidance

(1)

The F1Director General may issue guidance—

(a)

to F2local 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 F3or 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 F1Director General shall consult with—

F4F5(a)

such persons as appear to the F1Director General to represent the views of police and crime commissioners;

(aa)

the Mayor's Office for Policing and Crime;

(ab)

the Common Council;

(b)

F6the National Police Chiefs' Council; and

(c)

such other persons as F7the Director General thinks fit.

(4)

The approval of the Secretary of State shall be required for the issue by the F1Director General 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 F8or 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 F9or DSI matter;

F10(c)

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

(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 F9or 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 F11, 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;

F12(f)

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

(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.