Police Reform and Social Responsibility Act 2011

Rights of appeal E+W

15 E+W Schedule 3 (handling of complaints and conduct matters) is amended in accordance with the following paragraphs of this Schedule.

Commencement Information

I1 Sch. 14 para. 15 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)

16 E+W In paragraph 3 (failures to notify or record a complaint), after sub-paragraph (3) insert—

“(3A) But the complainant has no right of appeal under sub-paragraph (3) in either of the following cases.

(3B) The first case is where, by virtue of paragraph 2(7), there is no requirement to record the complaint.

(3C) The second case is where—

(a) the complaint relates to a direction and control matter, and

(b) the appeal relates to a failure by a local policing body.”.

Commencement Information

I2 Sch. 14 para. 16 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)

17 (1) Paragraph 7 (dispensation by the Commission from requirements of Schedule 3 to 2002 Act) is amended in accordance with this paragraph. E+W

(2) After sub-paragraph (7) insert—

“(8) The complainant shall have a right of appeal to the relevant appeal body against any decision by the appropriate authority under this paragraph to handle the complaint otherwise than in accordance with this Schedule or to take no action in relation to it.

(9) But the complainant has no right of appeal in either of the following cases.

(10) The first case is where the appeal relates to a decision for which the Commission has given permission under this paragraph.

(11) The second case is where the complaint relates to a direction and control matter.

(12) On an appeal under this paragraph, subject to sub-paragraphs (13) and (14), the relevant appeal body shall—

(a) determine whether any decision taken by the appropriate authority under this paragraph should have been taken in the case in question; and

(b) if the relevant appeal body finds in the complainant's favour, give such directions as the relevant appeal body thinks appropriate to the local policing body or chief officer as to the action to be taken for handling the complaint in accordance with this Schedule or handling it otherwise than in accordance with this Schedule;

and it shall be the duty of a local policing body or chief officer to comply with any directions given under paragraph (b).

(13) Sub-paragraph (12) does not apply in a case where a particular chief officer of police is—

(a) the person in respect of whose decision the appeal is made under this paragraph, and

(b) the relevant appeal body in relation to the appeal.

(14) In such a case—

(a) the appeal shall determine whether any decision taken by the appropriate authority under this paragraph should have been taken in the case in question; and

(b) if the appeal finds in the complainant's favour, the chief officer of police must take such action as the chief officer thinks appropriate for handling the complaint in accordance with this Schedule or handling it otherwise than in accordance with this Schedule.”.

Commencement Information

I3 Sch. 14 para. 17 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)

18 E+W For paragraph 9 and the italic heading that precedes it (Appeals relating to local resolution) substitute—

“Appeals relating to complaints dealt with other than by investigation E+W

8A (1) The complainant shall have a right of appeal to the relevant appeal body against the outcome of any complaint that is—

(a) subjected to local resolution, or

(b) handled otherwise than in accordance with this Schedule.

(2) But the complainant has no right of appeal if the complaint relates to a direction and control matter.

(3) On an appeal under this paragraph, subject to sub-paragraphs (4) and (5), the relevant appeal body shall—

(a) determine whether the outcome of the complaint is a proper outcome; and

(b) if the relevant appeal body finds in the complainant's favour, give such directions as the relevant appeal body thinks appropriate to the appropriate authority as to the action to be taken in relation to the complaint;

and it shall be the duty of the appropriate authority to comply with any directions given under paragraph (b).

(4) Sub-paragraph (3) does not apply in a case where a chief officer of police is the relevant appeal body in relation to the appeal.

(5) In such a case—

(a) the appeal shall determine whether the outcome of the complaint is a proper outcome; and

(b) if the appeal finds in the complainant's favour, the chief officer of police must take such action as the chief officer thinks appropriate in relation to the complaint.”.

Commencement Information

I4 Sch. 14 para. 18 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)

19 (1) Paragraph 21 (power of the Commission to discontinue an investigation) is amended in accordance with this paragraph. E+W

(2) After sub-paragraph (6) (inserted by paragraph 13(7) of this Schedule) insert—

“(7) The complainant shall have a right of appeal to the relevant appeal body against any decision by the appropriate authority under sub-paragraph (1A) to discontinue the investigation of the complaint.

(8) But the complainant has no right of appeal if the complaint relates to a direction and control matter.

(9) On an appeal under this paragraph, subject to sub-paragraphs (10) and (11), the relevant appeal body shall—

(a) determine whether any decision taken by the appropriate authority under this paragraph should have been taken in the case in question; and

(b) if the relevant appeal body finds in the complainant's favour, give such directions as the relevant appeal body thinks appropriate to the local policing body or chief officer as to the action to be taken for investigating the complaint;

and it shall be the duty of a local policing body or chief officer to comply with any directions given under paragraph (b).

(10) Sub-paragraph (9) does not apply in a case where a particular chief officer of police is—

(a) the person in respect of whose decision an appeal is made under this paragraph, and

(b) the relevant appeal body in relation to the appeal.

(11) In such a case—

(a) the appeal shall determine whether any decision taken by the appropriate authority under this paragraph should have been taken in the case in question; and

(b) if the appeal finds in the complainant's favour, the chief officer of police must take such action as the chief officer thinks appropriate for investigating the complaint.”.

Commencement Information

I5 Sch. 14 para. 19 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)

20 (1) In the italic heading that precedes paragraph 25 (appeals to the Commission with respect to an investigation), omit “to the Commission”. E+W

(2) Paragraph 25 is amended in accordance with the following provisions of this paragraph.

(3) In sub-paragraph (2)—

(a) in the words before sub-paragraph (a), for “to the Commission” substitute “ to the relevant appeal body ”;

(b) in the words after sub-paragraph (d)—

(i) for “Commission” substitute “ relevant appeal body ”;

(ii) after “this paragraph” insert “ (except that the duty to notify the appropriate authority does not apply where that authority is the relevant appeal body) ”.

(4) After sub-paragraph (2) insert—

“(2ZA) But the complainant has no right of appeal if the complaint relates to a direction and control matter.”.

(5) In sub-paragraph (5), for “Commission” (in each place) substitute “ relevant appeal body ”.

(6) In sub-paragraph (6)—

(a) for “Commission” (in the first place) substitute “ relevant appeal body ”;

(b) after “any matter” insert “—

(a) in a case where the Commission is the relevant appeal body,”;

(c) at the end insert “; and

(b) in a case where the appropriate authority is the relevant appeal body, that authority shall take such steps as it considers appropriate for securing that the complainant is properly informed.”.

(7) In sub-paragraph (7), for “sub-paragraph (6)” substitute “ sub-paragraph (6)(a) ”.

(8) In sub-paragraph (8)—

(a) after “reconsidered,” insert “ in a case where the Commission is the relevant appeal body ”;

(b) at the end of paragraph (b) insert “; and

in a case where the appropriate authority is the relevant appeal body, that authority shall re-investigate the complaint.”.

(9) In sub-paragraph (9)—

(a) for “Commission” (in the first three places) substitute “ relevant appeal body ”;

(b) for “considers appropriate, the Commission shall” substitute “considers appropriate—

(a) sub-paragraph (9ZA) applies if the Commission is the relevant appeal body; or

(b) sub-paragraph (9ZB) applies if the chief officer of police is the relevant appeal body.

(9ZA) The Commission shall—”.

(10) Before sub-paragraph (9A) insert—

“(9ZB) The chief officer of police shall take such action as the chief officer thinks appropriate in relation to the bringing of disciplinary proceedings in respect of the matters dealt with in the report.

(9ZC) If disciplinary proceedings are brought by virtue of sub-paragraph (9ZB), it shall be the duty of the appropriate authority to ensure that they are proceeded with to a proper conclusion.”.

(11) In sub-paragraph (9A)—

(a) for “Commission” substitute “ relevant appeal body ”;

(b) for “it shall direct the appropriate authority” substitute “ in a case where the Commission is the relevant appeal body it shall direct the appropriate authority to, or in a case where the appropriate authority is the relevant appeal body it shall ”;

(c) in sub-paragraph (a)—

(i) omit “to”;

(ii) omit “Commission's”;

(d) in sub-paragraph (b), omit “to”.

(12) In sub-paragraph (10)—

(a) in the words before paragraph (a), for “Commission” substitute “ relevant appeal body ”;

(b) in sub-paragraph (a), after “authority” insert “ (unless it is the relevant appeal body) ”;

(c) in sub-paragraph (d), for “Commission” substitute “ relevant appeal body ”.

(13) In sub-paragraph (11), for “The Commission” substitute “ In a case where the Commission is the relevant appeal body, it ”.

(14) In sub-paragraph (13), for “Commission” substitute “ relevant appeal body ”.

Commencement Information

I6 Sch. 14 para. 20 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)

21 E+W In paragraph 29 (minor definitions), before the definition of “gross misconduct” insert—

““direction and control matter” means a matter that relates to the direction and control of a police force by—

(a) the chief officer of police of that force, or

(b) a person for the time being carrying out the functions of the chief officer of police of that force;”.

Commencement Information

I7 Sch. 14 para. 21 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)

22 E+W After paragraph 29 insert—

“Appeals: the relevant appeal body E+W

30 (1) The relevant appeal body in relation to an appeal is—

(a) the Commission, in a case where the relevant complaint falls within a description of complaints specified in regulations made by the Secretary of State for the purposes of this paragraph; or

(b) the chief officer of police who is the appropriate authority in relation to the relevant complaint, in any other case.

(2) In this paragraph and paragraphs 31 and 32—

• “appeal” means an appeal under paragraph 7(8), 8A, 21(7) or 25(2);

• “relevant complaint”, in relation to an appeal, means the complaint to which the appeal relates.

31 (1) This paragraph applies in a case where—

(a) an appeal is made to the Commission, and

(b) the appropriate authority is the relevant appeal body in relation to the appeal.

(2) The Commission must—

(a) forward the appeal to the appropriate authority; and

(b) notify the person who made the appeal—

(i) that the appropriate authority is the relevant appeal body; and

(ii) the appeal has been forwarded.

(3) The appeal is to be taken to have been—

(a) made to the appropriate authority, and

(b) so made at the time when it is forwarded to the appropriate authority.

32 (1) This paragraph applies in a case where—

(a) an appeal is made to the appropriate authority; and

(b) the Commission is the relevant appeal body in relation to the appeal.

(2) The appropriate authority must—

(a) forward the appeal to the Commission; and

(b) notify the person who made the appeal—

(i) that the Commission is the relevant appeal body; and

(ii) the appeal has been forwarded.

(3) The appeal is to be taken to have been—

(a) made to the Commission; and

(b) so made at the time when it is forwarded to the Commission.”.

Commencement Information

I8 Sch. 14 para. 22 in force at 22.11.2012 by S.I. 2012/2892, art. 2(g) (with art. 6)