Part 5Amendment of the Police (Complaints and Misconduct) Regulations 2020

Amendment of the Police (Complaints and Misconduct) Regulations 2020

56.  The Police (Complaints and Misconduct) Regulations 2020(1) are amended in accordance with regulations 57 to 60.

Amendment to regulation 17 (special procedure: notification of severity assessment etc.)

57.  In regulation 17, omit paragraph (7).

Amendment to regulation 19 (special procedure: revision of severity assessment)

58.  In regulation 19, omit paragraph (7).

Amendments to regulation 26 (accelerated procedure: other investigations)

59.—(1) Regulation 26 is amended as follows.

(2) After paragraph (1) insert—

“(1A) This regulation also applies if a report or a copy of a report on an investigation under—

(a)paragraph 16 of Schedule 3 (investigations by the appropriate authority on its own behalf);

(b)paragraph 18 of Schedule 3, or

(c)paragraph 19 of Schedule 3,

is submitted or sent to the appropriate authority under paragraph 22 (final reports on investigations) or paragraph 23 (action by the Director General in relation to an investigation report) of Schedule 3.”.

(3) In paragraph (2), for “The appropriate authority” substitute “Where paragraph (1) applies, the appropriate authority”.

(4) After paragraph (2) insert—

“(2A) Subject to paragraph (2B), where paragraph (1A) applies, the appropriate authority may at any time determine whether the special conditions are satisfied.

(2B) The appropriate authority must not make a determination under paragraph (2A)—

(a)where the appropriate authority has a duty under paragraph 23(5B) of Schedule 3 to comply with a direction to bring misconduct proceedings;

(b)where the appropriate authority accepts a recommendation made under paragraph 25(4C)(c) or (4E)(c) of Schedule 3 (reviews with respect to an investigation) that misconduct proceedings of the form specified in the recommendation are brought;

(c)where the appropriate authority has a duty under paragraph 27(4)(b) of Schedule 3 (duties with respect to disciplinary proceedings etc) to comply with a direction to give effect to a recommendation to bring misconduct proceedings, or

(d)where the case is referred to misconduct proceedings, on or after the date of the misconduct meeting or misconduct hearing.”.

(5) In paragraph (3), for “If the appropriate authority” substitute “Subject to paragraph (3A), if the appropriate authority”.

(6) After paragraph (3) insert—

“(3A) Where paragraph (1A)(b) or (c) applies, the appropriate authority must not certify the case under paragraph (3) unless—

(a)it submits a memorandum to the Director General notifying the Director General of its determination that the special conditions are satisfied and the reasons for its determination, and

(b)the Director General notifies the appropriate authority that the Director General does not object to the certification.

(3B) The Director General must notify the appropriate authority whether or not the Director General objects to the certification before the end of the period of 10 working days beginning with the first working day after receipt of the memorandum under paragraph (3A).

(3C) If the Director General notifies the appropriate authority that the Director General objects to the certification, the Director General must provide the appropriate authority with a statement of the Director General’s belief as to why it would be inappropriate to certify the case.”.

(7) In paragraph (4), for “The appropriate authority” substitute “Except where paragraph (1A)(a) applies, the appropriate authority”.

(8) After paragraph (9) insert—

“(10) In this regulation, “misconduct hearing”, “misconduct meeting” and “misconduct proceedings” have the same meaning as in the Conduct Regulations.”.

Amendment to regulation 51 (manner and time limit of notifications under these Regulations)

60.  After paragraph (1) insert—

“(1A) Paragraph (1B) applies to—

(a)a notice under regulation 17(1) and a copy of the terms, or revised terms, of reference of the investigation under regulation 17(2) or (3);

(b)a notice under regulation 19(5)(b).

(1B) Subject to paragraph (1C), a notice or document to which this paragraph applies must be—

(a)given to the person concerned in person;

(b)sent to the person concerned by e-mail or other means of electronic communication;

(c)given to the person concerned in person by that person’s police friend, where the police friend has agreed with the appropriate authority to deliver the notice, or

(d)given to the person concerned in any other manner agreed between the person investigating and the person concerned.

(1C) Where it is not reasonably practicable to give or supply a written notice or document to the person concerned under paragraph (1B)(a) or (b) and there is no agreement under paragraph (1B)(c) or (d), the written notice or document must be—

(a)left with a person at the person concerned’s last known address, or

(b)sent to the person concerned’s last known address by first class post by recorded delivery or other service which provides for delivery on the next working day (“by post”).

(1D) Where a written notice or document is sent by e-mail or other means of electronic communication, it is to be taken to have been given or supplied to the person concerned—

(a)if the e-mail or other electronic transmission is sent on a working day before 4.30 p.m., on that day, or

(b)in any other case, on the next working day after the day on which it was sent.

(1E) Where a written notice or document is sent by post, it is to be taken to have been given or supplied to the person concerned—

(a)on the second day after it was posted, left with, delivered to or collected by the relevant service provider, provided that day is a working day, or

(b)in any other case, on the next working day after the day on which it was posted, left with, delivered to or collected by the relevant service provider.”.