The Police (Complaints and Misconduct) Regulations 2020

Police friend: police staff members and designated police volunteers E+W

23.—(1) This regulation applies where—

(a) it appears to—

(i) the person investigating a complaint, or

(ii) in the case of an investigation of a complaint under paragraph 19 of Schedule 3 (investigations by the Director General) other than by the Director General acting personally, the Director General,

that there is an indication that a police staff member or designated police volunteer to whose conduct the investigation relates may have committed a criminal offence or behaved in a manner which would justify the bringing of disciplinary proceedings;

(b) in the case of an investigation of a complaint under paragraph 18 of Schedule 3 (investigations directed by the Director General), the Director General determines that there is such an indication, or

(c) the investigation of a recordable conduct matter relates to the conduct of a police staff member or designated police volunteer.

(2) The police staff member or designated police volunteer to whose conduct the investigation relates may choose—

(a) a person employed by a trade union of which that person is an official within the meaning of sections 1 and 119 of the Trade Union and Labour Relations (Consolidation) Act 1992 (meaning of “trade union”)(1);

(b) an official of a trade union (within that meaning) whom the union has reasonably certified in writing as having experience of, or as having received training in, acting as a police staff member’s companion or designated police volunteer’s companion at disciplinary proceedings;

(c) a member of a police force;

(d) a special constable;

(e) a police staff member, or

(f) any other person nominated by the police staff member or designated police volunteer to whose conduct the investigation relates and approved by the chief officer of the force in which that police staff member or designated police volunteer is serving,

who is not otherwise involved in the matter to act as the police staff member or designated police volunteer’s police friend.

(3) A police friend may—

(a) advise the police staff member or designated police volunteer to whose conduct the investigation relates throughout proceedings under these Regulations;

(b) provide any relevant statement or relevant document to the person investigating;

(c) accompany the police staff member or designated police volunteer to whose conduct the investigation relates to any interview of that person conducted by the person investigating, and

(d) make representations to the Director General concerning any aspect of the proceedings under these Regulations.

(4) Paragraphs (4) and (5) of regulation 18 (police friend: special procedure) apply for the purposes of this regulation as they apply for the purposes of that regulation.

Commencement Information

I1 Reg. 23 in force at 1.2.2020, see reg. 1(1)

(1)

1992 c. 52. There are amendments to section 119 but none is relevant.