The Police (Complaints and Misconduct) Regulations 2020

Relevant review bodyE+W

This section has no associated Explanatory Memorandum

32.  The description of complaints specified for the purposes of paragraph 30(1)(a) of Schedule 3 (reviews: cases where the Director General is the relevant review body)(1) is any complaint—

(a)about the conduct of a senior officer;

(b)in relation to which the appropriate authority is unable to satisfy itself, from the complaint alone, that the conduct complained of (if it were proved)—

(i)would not justify the bringing of criminal or disciplinary proceedings against a person serving with the police, or

(ii)would not involve an infringement of a person’s rights under Article 2 or 3 of the Convention (within the meaning of the Human Rights Act 1998);

(c)that has been, or must be, referred to the Director General under paragraph 4 of Schedule 3 (reference of complaints to the Director General)(2);

(d)that the Director General is treating as having been referred to the Director General under paragraph 4A(1) of Schedule 3 (power of the Director General to treat complaint as having been referred);

(e)arising from the same incident as a complaint to which any of sub-paragraphs (a) to (d) applies;

(f)to any part of which any of sub-paragraphs (a) to (e) applies.

Commencement Information

I1Reg. 32 in force at 1.2.2020, see reg. 1(1)

(1)

Paragraph 30(1)(a) was inserted by paragraphs 1, 15 and 22 of Schedule 14 to the Police Reform and Social Responsibility Act 2011 and amended by paragraphs 29 and 39 of Schedule 5, and paragraphs 15 and 56 of Schedule 9, to the Policing and Crime Act 2017.

(2)

Paragraph 4 was amended by paragraphs 277 and 300 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 and section 17(1) and (2) of, and paragraphs 1 and 7 of Schedule 4, paragraphs 1, 4, 29 and 30 of Schedule 5 and paragraphs 15 and 56 of Schedule 9 to, the Policing and Crime Act 2017.