Office of Public Sector Information
(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.
The Police (Complaints and Misconduct) (Amendment) Regulations 2008