Statutory Instruments
2014 No. 2406
Police, England And Wales
The Police (Complaints and Misconduct) (Amendment) Regulations 2014
Made
9th September 2014
Laid before Parliament
10th September 2014
Coming into force
1st October 2014
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 29(1) of, and paragraph 28A(4) of Schedule 3 to, the Police Reform Act 2002( 1 ).
In accordance with section 24 of that Act( 2 ), the Secretary of State has consulted with the Independent Police Complaints Commission, such persons as appear to the Secretary of State to represent the views of police and crime commissioners, the Mayor’s Office for Policing and Crime, the Common Council of the City of London, the Association of Chief Police Officers and such other persons as she thinks fit.
In accordance with section 63(3)(b) of the Police Act 1996( 3 ), the Secretary of State supplied a draft of these Regulations to the Police Advisory Board for England and Wales and has taken into consideration that Board’s representations.
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Police (Complaints and Misconduct) (Amendment) Regulations 2014 and come into force on 1st October 2014.
(2) These Regulations extend to England and Wales.
Amendment to the Police (Complaints and Misconduct) Regulations 2012
2. —(1)The Police (Complaints and Misconduct) Regulations 2012( 4 ) are amended in accordance with paragraphs (2) and (3).
(2) After regulation 29 insert—
“ Recommendations by the Commission and requirement to respond
29A. —(1) For the purposes of paragraph 28A(4)(a)(ii) of Schedule 3 to the 2002 Act (recommendation following receipt of report relating to specified conduct matter), the following conduct matters are specified—
(a) a matter falling within paragraph 13(1)(a) of Schedule 3 to the 2002 Act;
(b) a matter relating to—
(i) a serious assault, as defined in guidance issued by the Commission ( 5 ) ;
(ii) a serious sexual assault, as defined in guidance issued by the Commission;
(iii) serious corruption, as defined in guidance issued by the Commission;
(iv) a criminal offence or behaviour which is liable to lead to misconduct proceedings and which in either case was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion, or other status identified in guidance by the Commission;
(v) a relevant offence;
(vi) conduct which took place in the same incident as one in which conduct falling within sub-paragraphs (i) to (v) took place; or
(c) a matter in respect of which the Commission gives a notification to the appropriate authority under paragraph 13(1)(c) of Schedule 3 to the 2002 Act.
(2) For the purposes of paragraph 28A(4)(a)(iii) of Schedule 3 to the 2002 Act (recommendation following receipt of report relating to specified complaint), the following complaints are specified—
(a) a complaint falling within paragraph 4(1)(a) of Schedule 3 to the 2002 Act;
(b) a complaint alleging conduct which constitutes—
(i) a serious assault, as defined in guidance issued by the Commission;
(ii) a serious sexual assault, as defined in guidance issued by the Commission;
(iii) serious corruption, as defined in guidance issued by the Commission;
(iv) a criminal offence or behaviour which is liable to lead to misconduct proceedings and which in either case was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion, or other status identified in guidance by the Commission;
(v) a relevant offence;
(c) a complaint which arises from the same incident as one in which any conduct falling within sub-paragraphs (a) or (b) took place; or
(d) a complaint in respect of which the Commission gives a notification to the appropriate authority under paragraph 4(1)(c) of Schedule 3 to the 2002 Act.
(3) For the purposes of paragraph 28A(4)(b) of Schedule 3 to the 2002 Act (recommendation following determination of appeal relating to specified complaint), an appeal relating to a complaint of a type described in paragraph (2) is specified. ” .
(3) In sub-paragraph (b) of regulation 36, for “23,” insert “23, 24C,”.
Mike Penning
Minister of State
Home Office
9th September 2014
2002 c. 30 . Paragraph 28A was inserted by section 139 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) .
Section 24 was amended by section 6(1) of, and paragraph 12 of Schedule 4 to, the Police and Justice Act 2006 (c. 48) , and section 99 of, and paragraphs 277 and 289 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011 (c. 13) .
1996 c. 16 . Section 63(3) was substituted by section 59 of, and paragraph 78 of Schedule 4 to, the Serious Organised Crime and Police Act 2005 (c. 15) and section 10 of the Policing and Crime Act 2009 (c. 26) .
Guidance issued by the Commission under section 22 of the 2002 Act in January 2013. A copy is available at https://www.ipcc.gov.uk/page/statutory-guidance . A copy may be inspected at 90 High Holborn, London WC1V 6BH.