The Police (Complaints and Conduct) Regulations 2013

• Citation: S.I. 2013/281
• Sections: 3

Section 1 Citation, commencement, interpretation and extent

(1) These Regulations may be cited as the Police (Complaints and Conduct) Regulations 2013 and come into force on 7th March 2013.

(2) In these Regulations—

“the 2002 Act ” means the Police Reform Act 2002;

“accompanying person” means any person nominated by the serving officer and who is not otherwise involved in the matter;

“Director General” means the Director General of the Independent Office for Police Conduct;

“disciplinary proceedings” means—

in relation to a serving officer who is a member of a police force or a special constable, disciplinary proceedings within the meaning of the Police (Conduct) Regulations 2012 ,

in relation to any other serving officer, any proceedings or management process during which the conduct (as opposed to the performance) of such an officer is considered in order to determine whether a sanction or punitive measure is to be imposed against him in relation to that conduct;

...

“relevant investigator” means a person appointed or designated to investigate under paragraph 18 or 19 of Schedule 3 to the 2002 Act; and

“working day” means any day other than a Saturday or Sunday or a day which is a bank holiday or public holiday in England and Wales.

(3) These Regulations extend to England and Wales and Scotland.

Section 2 Interviews of witnesses during investigation

(1) For the purposes of paragraph 19F(2) of Schedule 3 to the 2002 Act (interview of persons serving with the police etc during certain investigations) where a relevant investigator wishes to interview a serving officer as part of an investigation, the relevant investigator shall—

(a) give written notice to the serving officer that the interview will take place in accordance with this regulation, and

(b) if reasonably practicable, agree a date and time for the interview with the serving officer.

(1) For the purposes of paragraph 19F(2) of Schedule 3 to the 2002 Act (interview of persons serving with the police etc during certain investigations) where a serving officer is required for interview as part of—

(a) an investigation under paragraph 19 of Schedule 3 to the 2002 Act, the Director General shall,

(b) an investigation under paragraph 18 of Schedule 3 to the 2002 Act, the investigator shall,

give written notice to the serving officer that the interview will take place in accordance with this regulation, and if reasonably practicable, agree a date and time for the interview with the serving officer.

(2) Where no date and time is agreed under paragraph (1), the relevant investigator or, in the case of an investigation by a designated person under paragraph 19 of Schedule 3 to the 2002 Act who is not the Director General, the Director General shall specify a date and time for the interview.

(3) Where a date and time is specified under paragraph (2) and—

(a) the serving officer or the serving officer’s accompanying person will not be available at that time; and

(b) the serving officer proposes an alternative time which satisfies paragraph (4),

the interview shall be postponed to the time proposed by the serving officer.

(4) An alternative time must—

(a) be reasonable; and

(b) fall before the end of the period of 5 working days beginning with the first working day after the day specified by the relevant investigator or, in the case of an investigation by a designated person under paragraph 19 of Schedule 3 to the 2002 Act who is not the Director General, the Director General .

(5) The serving officer shall be given written notice of the date, time and place of the interview.

(6) The relevant investigator or, in the case of an investigation by a designated person under paragraph 19 of Schedule 3 to the 2002 Act who is not the Director General, the Director General shall, in advance of the interview, provide the serving officer with such information as the relevant investigator or, as the case may be, the Director General considers appropriate in the circumstances of the case to enable the serving officer to prepare for the interview.

(7) The serving officer shall attend the interview.

(8) An accompanying person may not answer any questions asked of the serving officer during the interview.

(9) Where an accompanying person is a police officer or a police staff member, the chief officer of the force of which the accompanying person is a member shall permit him to use a reasonable amount of duty time for the purposes of this regulation.

(10) The reference in paragraph (9) to the force of which the accompanying person 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.

(11) Nothing in this regulation shall apply, in the case of an investigation to which paragraph 19A of Schedule 3 to the 2002 Act (special procedure where investigation relates to police officer or special constable) applies, to an interview of a serving officer who is the person concerned in relation to the investigation (within the meaning of that paragraph).

Section 3 Additional police bodies

(1) For the purposes of paragraph 19F(7)(a) of Schedule 3 to the 2002 Act, an additional police body means—

(a) the Ministry of Defence Police,

(b) the British Transport Police Force,

(c) the Civil Nuclear Constabulary,

(d) the Port of Bristol Police.

(e) the Port of Liverpool Police,

(f) the Port of Tilbury Police,

(g) the Tees and Hartlepool Harbour Police,

(h) until the day before the relevant date, a police force maintained under section 1 of the Police (Scotland) Act 1967 ; or

(i) with effect from the relevant date, the Police Service of Scotland.

(2) In this regulation, the “relevant date” means the date on which section 6 of the Police and Fire Reform (Scotland) Act 2012 comes into force.