Legislation – Policing and Crime Act 2017
Changes to legislation:
Policing and Crime Act 2017, Paragraph 37 is up to date with all changes known to be in force on or before 03 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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Changes and effects yet to be applied to Schedule 5 Paragraph 37:
- specified provision(s) amendment to earlier commencing S.I. 2017/1139, reg. 2 by S.I. 2017/1162 reg. 2
SCHEDULE 5Complaints, conduct matters and DSI matters: procedure
Part 4Reviews
37
(1)
Paragraph 26 (reviews and re-investigations following an appeal) is amended as follows.
(2)
Omit sub-paragraph (1).
(3)
In sub-paragraph (2), omit “or sub-paragraph (1)”.
(4)
In sub-paragraph (3), for “(3)” substitute “
.
(4)
”
(5)
“(3A)
Where, following a recommendation under paragraph 25(4E)(a) in relation to a complaint, the appropriate authority determines that it is appropriate for it to re-investigate the complaint on its own behalf, sub-paragraphs (3) to (5) of paragraph 16 shall apply in relation to the re-investigation as they apply in relation to an investigation to which paragraph 16 applies.”
(6)
In sub-paragraph (4)—
(a)
for “25(8)” substitute “
;
25(4C)(b)
”
(b)
omit “or sub-paragraph (1) of this paragraph”;
(c)
before “as they apply” insert “
.
and any re-investigation of the type described in sub-paragraph (3A) of this paragraph
”
(7)
“(4A)
Where the Commission determines under sub-paragraph (2) that the re-investigation should take the form of an investigation by the appropriate authority on its own behalf, the Commission may also give the appropriate authority such directions as to the handling of the matter in future as the Commission thinks fit.”
(8)
“(5)
The Commission shall notify the appropriate authority of any determination that it makes under this paragraph and of its reasons for making the determination.
(5A)
The Commission shall also notify the following of any determination that it makes under this paragraph and of its reasons for making the determination—
(a)
the complainant;
(b)
every person entitled to be kept properly informed in relation to the complaint under section 21;
(c)
the person complained against (if any).
(5B)
The duty imposed by sub-paragraph (5A) on the Commission shall have effect subject to such exceptions as may be provided for by regulations made by the Secretary of State.
(5C)
Subsections (6) to (8) of section 20 apply for the purposes of sub-paragraph (5B) as they apply for the purposes of that section.”
(9)
Omit sub-paragraph (6).