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The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 13, 23(1), 23(2)(g), 23(2)(r) and 105(4) of, and paragraphs 19B(7), 19B(10), 19C(2(b), 19D, 22(7) and 29 of Schedule 3 to, the Police Reform Act 2002
In accordance with section 24 of the Police Reform Act 2002, the Secretary of State has consulted with the Independent Police Complaints Commission, the Association of Police Authorities, the Association of Chief Police Officers and such other persons as she thinks fit.
In accordance with section 63(3) of the Police Act 1996, the Secretary of State supplied a draft of these Regulations to the Police Advisory Board of England and Wales and has taken into consideration their representations before making these Regulations.
— These Regulations may be cited as the Police (Complaints and Misconduct) (Amendment) Regulations 2008 and shall come into force on 1st December 2008.
In these Regulations, “the 2004 Regulations” means the Police (Complaints and Misconduct) Regulations 2004.
These Regulations apply only to allegations in respect of conduct by a person concerned which comes to the attention of either the appropriate authority or the Commission on or after the commencement of these Regulations.
— The 2004 Regulations shall be amended as follows.
In regulation 1(2) (citation, commencement and interpretation) the following definitions are inserted in the appropriate alphabetical places—
After regulation 14 (copies of complaints etc) insert—
(1) For the purposes of paragraph 19B(7) of Schedule 3 to the 2002 Act (assessment of seriousness of conduct under investigation) the notification given by the investigator to the person concerned must be in writing and state—
(2) For the purposes of paragraph 19B(10) of Schedule 3 to the 2002 Act (assessment of seriousness of conduct under investigation), if following service of the notice under paragraph (1), the investigator revises his assessment of the conduct in accordance with paragraph 19B(9) of Schedule 3 to the 2002 Act or his determination of the likely form of any misconduct proceedings to be taken, the investigator shall as soon as practicable, give the person concerned further written notice of—
(1) Where the person concerned is a police officer he may choose—
(2) Where the person concerned is a police staff member he may choose—
(3) A police friend may—
(5) The reference in paragraph (4) to the force of which the police friend is a member shall include a reference to the force maintained for the police area for which a special constable is appointed and the force in which a police staff member is serving.
(1) For the purposes of paragraph 19D(1) of Schedule 3 to the 2002 Act (interview of person whose conduct is being investigated), where an investigator wishes to interview the person concerned as part of his investigation, he shall, if reasonably practicable, agree a date and time for the interview with the person concerned.
(2) Where no date and time is agreed under paragraph (1), the investigator shall specify a date and time for the interview.
(3) Where a date and time is specified under paragraph (2) and—
(4) An alternative time must—
(7) of Schedule 3 to the 2002 Act (final reports on investigations), on completion of an investigation the investigator’s report shall—
(a) provide an accurate summary of the evidence;
(b) attach or refer to any relevant documents; and
(c) indicate the investigator’s opinion as to whether there is a case to answer in respect of misconduct or gross misconduct or whether there is no case to answer. In regulation 18 (appointment of persons to carry out investigations)— In paragraph (1)(a) for “conduct the investigation and to manage the resources that will be required during that process” substitute “manage the investigation”; For paragraph (1)(b) substitute the following sub–paragraph— (b) if he is a person whose involvement in the role could reasonably give rise to a concern as to whether he could act impartially under these Regulations; For paragraph (1)(d) substitute the following sub–paragraph— (d) in a case where the officer concerned is a senior officer, if he is— (i) the chief officer of police of the police force concerned; (ii) a member of the same force as the officer concerned, or where the officer concerned is a member of the Metropolitan Police Force, serving in the same division as the officer concerned.; Omit paragraph (2);
In paragraph (3)(a) for “senior police officer” substitute “senior officer”;
In paragraph (3)(b) omit “(other than in paragraph (1)(d))” and after “special constable” insert “appointed for the area of that force and a police staff member serving in that force;”.
Minister of State
(This note is not part of the Regulations)
These Regulations amend the Police (Complaints and Misconduct) Regulations 2004 by adding new regulations 14A to E and accompanying definitions. The provisions are intended to mirror the provisions in the Police (Conduct) Regulations 2008 for notifying the person under investigation of the severity of his alleged conduct, if proved, supplying the investigator with documents, carrying out interviews during the investigation, and providing certain information in the investigation report.
Regulation 14A inserted by these Regulations requires an investigator handling an investigation subject to special requirements or a recordable conduct matter as defined in paragraphs 19B(1) and 11 of Schedule 3 to the Police Reform Act 2002 respectively to notify the person under investigation of his severity assessment and various other information such as the person concerned’s right to legal representation. A severity assessment involves an assessment as to whether the conduct if proved would amount to misconduct or gross misconduct and the form any disciplinary proceedings would be likely to take.
Regulation 14B explains who can be a police friend and their role in proceedings. In particular, a police friend may provide the investigator with relevant documents in accordance with regulation 14C and may attend the interview conducted as part of the assessment by the investigator as to whether there is a case to answer.
Regulation 14C specifies that the time limit for supplying relevant documents or a statement from the person concerned to the investigator for the purposes of paragraph 19C(2) of Schedule 3 to the Police Reform Act 2002 is 10 working days after the day on which the notice of the severity assessment is given.
Regulation 14D prescribes the procedure for the investigator to arrange and hold an interview with the person concerned during his investigations. Regulation 19E specifies what details an investigator must include in his investigation report where the investigation is subject to special requirements or is a recordable conduct matter.
Regulation 18 of the Police (Complaints and Misconduct) Regulations 2004 is amended to mirror regulation 13 of the Police (Conduct) Regulations 2008 and, in particular, to ensure that a police staff member is not excluded from being able to be appointed to investigate a case under paragraph 16, 17 or 18 of Schedule 3 to the 2002 Act.
( ) 2002 c.30, as amended by section 160 of and Schedule 12 to the Serious Organised Crime and Police Act 2005 (c.15) and section 127 of and Schedule 23 to the Criminal Justice and Immigration Act 2008 (c.4).
( ) Section 24 was amended by section 6 of and paragraph 12 of Schedule 4 to the Police and Justice Act 2006 (c.48).
( ) 1996 c.16. Relevant amendments to section 63 were made by paragraph 78 of Schedule 4 to the Serious Organised Crime and Police Act 2008 (c.15) and paragraph 6 of Schedule 22 to the Criminal Justice and Immigration Act 2008 (c.4).
( ) SI 2004/643, as amended by SI 2005/3311; there are other amending instruments but none is relevant.
( ) S.I. 2008/xxxx
( ) 1992 (c. 52) to which there are amendments not relevant to these Regulations.