Made | 8th March 2004 | ||
Laid before Parliament | 11th March 2004 | ||
Coming into force | 1st April 2004 |
1. | Citation, commencement and interpretation |
2. | Reference of complaints to the Commission |
3. | Dispensation by the Commission |
4. | Local resolution of complaints |
5. | Recording and reference of conduct matters |
6. | Power of Commission to impose requirements in relation to an investigation which it is supervising |
7. | Power of the Commission to discontinue an investigation |
8. | Appeals to the Commission: failures to notify or record a complaint |
9. | Appeals to the Commission: local resolution |
10. | Appeals to the Commission with respect to an investigation |
11. | Manner in which duties to provide information are to be performed |
12. | Exceptions to the duty to keep complainant informed and to provide information for other persons |
13. | Meaning of "relative" |
14. | Copies of complaints etc. |
15. | Withdrawn and discontinued complaints |
16. | Circumstances in which an investigation or other procedure may be suspended |
17. | Resumption of investigation after criminal proceedings |
18. | Appointment of persons to carry out investigation |
19. | Combining and splitting investigations |
20. | Relinquishing the Commission's supervision or management of an investigation |
21. | Complaints against a person who has subsequently ceased to serve with the police |
22. | Complaints against a person whose identity is unascertained |
23. | Notification of actions and decisions |
24. | Keeping of records |
25. | Register to be kept by the Commission |
26. | Delegation of powers and duties by chief officer |
27. | Manner and time limits of notifications |
28. | Application to contracted-out staff |
29. | Application to NCIS and NCS |
30. | Disciplinary proceedings for police staff |
Reference of complaints to the Commission
2.
- (1) For the purposes of paragraph 4(1)(b) of Schedule 3 to the 2002 Act (reference to the Commission of any complaint of a specified description), the complaints set out in paragraph (2) are hereby specified.
(2) Those complaints are -
(b) complaints which arise from the same incident as one in which any conduct falling within sub-paragraph (a) or within paragraph 4(1)(a) of Schedule 3 to the 2002 Act is alleged.
(3) Where a complaint is required to be referred to the Commission under sub-paragraph (1)(a) or (b) of paragraph 4 of Schedule 3 to the 2002 Act, notification of the complaint shall be given to the Commission -
(4) Where a complaint is required to be referred to the Commission under sub-paragraph (1)(c) of paragraph 4 of Schedule 3 to the 2002 Act, notification of the complaint shall be given to the Commission -
Dispensation by the Commission
3.
- (1) For the purposes of paragraph 7 of Schedule 3 to the 2002 Act (dispensation by the Commission from requirements of Schedule 3) the complaints set out in paragraph (2) are hereby specified -
(2) Those complaints are complaints where the appropriate authority considers that -
(3) For the purposes of paragraph (2)(e) a complaint is repetitious if, and only if -
(4) For the purposes of paragraph (2)(f) it is not reasonably practicable to complete the investigation of a complaint or any other procedures under Schedule 3 to the 2002 Act if, and only if -
(5) In this regulation any reference to action not being reasonably practicable shall include a reference to action which it does not appear reasonably practicable to take within a period which is reasonable in all the circumstances of the case.
(6) An application under paragraph 7(1) of Schedule 3 to the 2002 Act for permission to handle a complaint in whatever manner (if any) an authority thinks fit shall be in writing and shall be accompanied by -
(7) The appropriate authority shall supply any further information requested by the Commission for the purpose of considering an application by that authority made under paragraph 7 of Schedule 3 to the 2002 Act.
Local resolution of complaints
4.
- (1) The procedures that are to be available for dealing with a complaint which is to be subjected to local resolution are, subject to the provisions of this regulation, any procedures which are approved by the Commission.
(2) Where it appears to the appointed person that the complaint had in fact already been satisfactorily dealt with at the time it was brought to his notice, he may, subject to any representation by the complainant, treat it as having been locally resolved.
(3) The appointed person shall as soon as practicable give the complainant and the person complained against an opportunity to comment on the complaint.
(4) The appointed person shall not, for the purpose of locally resolving a complaint, tender on behalf of the person complained against an apology for his conduct unless the person complained against has admitted the conduct in question and has agreed to the apology.
(5) Where the person complained against chooses not to comment on the complaint, the appointed person shall record this fact in writing.
(6) Where a complaint has been dealt with by way of local resolution a record shall be made as soon as practicable of the outcome of the procedure and the person complained against shall be sent a copy of that record.
(7) A complainant shall be entitled to obtain a copy of that record from the appropriate authority if he applies for such a copy not later than the end of three months from the day on which -
(8) An appropriate authority shall provide a copy of any such record as soon as practicable after it has received such an application.
(9) In this regulation, "the appointed person" means a person appointed under paragraph 8(1) of Schedule 3 to the 2002 Act to secure the local resolution of a complaint.
Recording and reference of conduct matters
5.
- (1) For the purposes of paragraph 11(2)(c) of Schedule 3 to the 2002 Act (recording etc. of conduct matters), the following descriptions of conduct are hereby specified -
(2) For the purposes of paragraph 13(1)(b) of Schedule 3 to the 2002 Act (reference of recordable conduct matters to the Commission) any matter which relates to conduct falling within paragraph (1)(a) to (e) or (g) of this regulation is hereby specified.
(3) Any conduct matter which is required to be referred to the Commission shall be referred in such manner as the Commission specifies and -
Power of Commission to impose requirements in relation to an investigation which it is supervising
6.
- (1) For the purposes of paragraph 17(7) of Schedule 3 to the 2002 Act (investigations supervised by the Commission) the requirements which may be imposed by the Commission on a person appointed to investigate a complaint or recordable conduct matter are, subject to paragraphs (2) and (3), any reasonable requirements as to the conduct of the investigation as appear to it to be necessary.
(2) Where at any stage of an investigation of a complaint or recordable conduct matter the possibility of criminal proceedings arises, the Commission shall not, under paragraph (1), impose any requirement relating to the obtaining or preservation of evidence of a criminal offence without first obtaining the consent of the Director of Public Prosecutions to the imposition thereof.
(3) The Commission shall not, under paragraph (1), impose any requirement relating to the resources to be made available by a chief officer for the purposes of an investigation without first consulting him and having regard to any representations he may make.
Power of the Commission to discontinue an investigation
7.
- (1) For the purposes of paragraph 21(1) of Schedule 3 to the 2002 Act (discontinuance of investigations) the descriptions of complaint or matter set out in paragraph (2) of this regulation are hereby specified.
(2) Those descriptions are any complaint or matter -
(3) For the purposes of paragraph 21(2) of Schedule 3 to the 2002 Act the cases in which the Commission is authorised to discontinue an investigation that is being carried out in accordance with paragraph 19 of that Schedule are any cases where the complaint or conduct matter under investigation falls within paragraph (2) of this regulation.
(4) Any application by an appropriate authority to the Commission for an order that it discontinue an investigation shall be in writing and shall be accompanied by -
(5) The appropriate authority shall -
(6) The Commission shall not require the discontinuance of an investigation in a case where there has been no application to do so by the appropriate authority unless it has consulted with that authority.
(7) A direction given to an appropriate authority by the Commission under paragraph 21(4)(a) of Schedule 3 to the 2002 Act may -
(8) The steps set out in paragraph (9) are hereby specified for the purposes of paragraph 21(4)(b) of Schedule 3 to the 2002 Act (steps that may be taken by the Commission when an investigation is discontinued).
(9) Those steps are -
Appeals to the Commission: failures to notify or record a complaint
8.
- (1) An appeal under paragraph 3 of Schedule 3 to the 2002 Act against any failure referred to in paragraph 3(3) (failure by a police authority or chief officer to determine who is the appropriate authority or to notify or record anything under paragraph 2) shall be made within 28 days of the date on which notification of that failure is made or sent to the complainant under paragraph 3(2) of that Schedule.
(2) Any such appeal shall be made in writing and shall state -
(3) Where the Commission receives such an appeal it shall -
(4) Where the Commission receives an appeal which fails to comply with one or more of the requirements mentioned in paragraph (2), it may decide to proceed as if those requirements had been complied with.
(5) A police authority or chief officer shall supply to the Commission any information requested under paragraph (3)(b).
(6) The Commission shall determine the outcome of the appeal as soon as practicable.
(7) The Commission shall notify the complainant and the police authority or chief officer concerned of the reasons for its determination.
(8) The Commission may extend the time period mentioned in paragraph (1) in any case where it is satisfied that by reason of the special circumstances of the case it is just to do so.
Appeals to the Commission: local resolution
9.
- (1) Any appeal under paragraph 9 of Schedule 3 to the 2002 Act (appeal by a complainant whose complaint has been subjected to local resolution against the conduct of the local resolution) shall be made within 28 days of the date on which the alleged contravention of the procedural requirements occurred.
(2) Any such appeal shall be made in writing and shall state -
(3) Where the Commission receives such an appeal it shall request any information from any person which it considers necessary to dispose of the appeal.
(4) Where the Commission receives an appeal which fails to comply with one or more of the requirements mentioned in paragraph (2), it may decide to proceed as if those requirements had been complied with.
(5) The appropriate authority shall supply to the Commission any further information requested of it under paragraph (3).
(6) The Commission shall determine the outcome of the appeal as soon as practicable.
(7) The Commission shall notify the complainant, the appropriate authority and the person complained against of the reasons for its determination.
(8) The Commission shall notify the complainant and the person complained against of any direction it gives to the appropriate authority as to the future handling of the complaint.
(9) The Commission may extend the time period mentioned in paragraph (1) in any case where it is satisfied that by reason of the special circumstances of the case it is just to do so.
Appeals to the Commission with respect to an investigation
10.
- (1) Any appeal made by a complainant under paragraph 25(2) of Schedule 3 to the 2002 Act shall be made within 28 days of the date on which the appropriate authority sends a notification to the complainant of its determination under paragraph 24(7) of that Schedule as to what action (if any) it will take in respect of the matters dealt with in the investigation report.
(2) Any such appeal shall be in writing and shall state -
(3) Where the Commission receives such an appeal it shall request any information from any person which it considers necessary to dispose of the appeal.
(4) Where the Commission receives an appeal which fails to comply with one or more of the requirements mentioned in paragraph (2), it may decide to proceed as if those requirements had been complied with.
(5) The appropriate authority shall supply to the Commission any further information requested of it under paragraph (3).
(6) The Commission shall determine the outcome of the appeal as soon as practicable.
(7) The Commission shall notify the complainant and the appropriate authority of the reasons for its determination.
(8) The Commission may extend the time period mentioned in paragraph (1) in any case where it is satisfied that by reason of the special circumstances of the case it is just to do so.
Manner in which duties to provide information are to be performed
11.
- (1) For the purposes of sections 20(5) and 21(10) of the 2002 Act (duties to keep complainant and other persons informed), the manner in which the Commission or, as the case may be, an appropriate authority shall perform the duties imposed by those sections are as follows.
(2) The Commission, in a case falling within section 20(1) or 21(6) of the 2002 Act (investigation of a complaint or conduct matter by or under the management of the Commission), shall inform the complainant or, as the case may be, the interested party -
(b) of any provisional findings of the person carrying out the investigation as frequently as the Commission determines to be appropriate in order for the complainant to be kept properly informed.
(3) An appropriate authority, in a case falling within section 20(2) or 21(7) of the 2002 Act (investigation of a complaint or conduct matter by an appropriate authority), shall inform the complainant or the interested party (as the case may be) -
(b) of any provisional findings of the person carrying out the investigation as frequently as the appropriate authority determine to be appropriate in order for the complainant to be kept properly informed.
(4) When an investigation has been completed, each complainant and interested person shall be notified -
(5) In performing the duties imposed by section 20(1) and (2) and section 21(6) and (7) of the 2002 Act, and by paragraphs 23(9) and 24(7) of Schedule 3 to that Act, the Commission or, as the case may be, the appropriate authority shall determine whether it is appropriate to offer, or to accede to a request for, a meeting with a complainant or, as the case may be, an interested person.
(6) As soon as practicable after any such meeting the Commission or, as the case may be, the appropriate authority shall send to the complainant or interested person a written record of the meeting and an account of how any concerns of that person will be addressed.
(7) As soon as practicable after any misconduct hearing or other action that is taken in respect of the matters dealt with in any report submitted under paragraph 22 of Schedule 3 to the 2002 Act, the Commission or, as the case may be, an appropriate authority shall notify any complainant and interested person of the outcome of that hearing or action, including the fact and outcome of any appeal against the findings of or sanctions imposed by such a hearing.
(8) Subject to paragraphs (5) and (9) any notification under this regulation shall be made in writing.
(9) If the Commission or, as the case may be, the appropriate authority, considers that an investigation has made minimal or no progress since the previous notification, then the next notification may be made by any means that in the opinion of the Commission or, as the case may be, the appropriate authority is suitable.
Exceptions to the duty to keep the complainant informed and to provide information for other persons
12.
- (1) Subject to paragraph (2), the duties mentioned in section 20(1) and (2) (duty to keep the complainant informed) and section 21(6) and (7) (duty to provide information for other persons) of the 2002 Act and in paragraphs 23(9) and 24(7) of Schedule 3 to that Act (action by the Commission or appropriate authority in response to an investigation report) shall not apply in circumstances where in the opinion of the Commission, or, as the case may be, of the appropriate authority, the non-disclosure of information is necessary for the purpose of -
(2) The Commission or, as the case may be, the appropriate authority shall not conclude that the non-disclosure of information is necessary under paragraph (1) unless it is satisfied that -
(3) Without prejudice to the generality of paragraph (1), the Commission or, as the case may be, the appropriate authority shall consider whether the non-disclosure of information is justified under that paragraph in circumstances where -
Meaning of "relative"
13.
For the purposes of section 21(12) of the 2002 Act (meaning of "relative"), the description of person that is hereby prescribed is any spouse, partner, parent or adult child.
Copies of complaints etc.
14.
- (1) Where a complaint is recorded under paragraph 2(6) of Schedule 3 to the 2002 Act, the appropriate authority shall -
(2) A copy of a complaint supplied under this regulation may be in a form which keeps anonymous the identity of the complainant or of any other person.
(3) An appropriate authority may decide not to supply such a copy of a complaint if it is of the opinion that to do so -
(4) Where an appropriate authority decides not to supply such a copy, it shall keep that decision under regular review.
Withdrawn and discontinued complaints
15.
- (1) If an appropriate authority receives from a complainant notification in writing signed by him or by his solicitor or other authorised agent on his behalf to the effect either -
then the appropriate authority shall forthwith record the withdrawal or the fact that the complainant does not wish any further steps to be taken, as the case may be, and subject to the following provisions of this regulation, the provisions of Part 2 of the 2002 Act shall cease to apply in respect of that complaint.
(2) Where a complainant gives such notification as is mentioned in paragraph (1) to the Commission but, so far as is apparent to the Commission, has not sent that notification to the appropriate authority, then -
(3) Where a complainant gives such notification as is mentioned in paragraph (1) to an appropriate authority, or where the appropriate authority receives a copy of a notification under paragraph (2), and it relates to a complaint -
then the appropriate authority shall notify the Commission that it has recorded the withdrawal of the complaint or the fact that the complainant does not wish any further steps to be taken, as the case may be.
(4) In a case falling within paragraph (3)(b) or (c), the appropriate authority shall also -
(5) In a case falling within paragraph (3)(a), the Commission shall determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter, and shall notify the appropriate authority of its decision.
(6) Where a determination is made that a complaint is to be treated as a recordable conduct matter, then the provisions of Part 2 of Schedule 3 to the 2002 Act shall apply to that matter.
(7) Where a complainant gives such notification as is mentioned in paragraph (1) to an appropriate authority, or where the appropriate authority receives a copy of a notification under paragraph (2), and that notification relates to a complaint which does not fall within any of sub-paragraphs (a) to (c) of paragraph (3), then -
(8) In a case where -
the Commission shall consider whether it is in the public interest for that determination to be reversed, and if so it shall instruct the appropriate authority to reverse the decision.
(9) Where a complainant indicates that he wishes to withdraw the complaint or that he does not wish any further steps to be taken in consequence of the complaint, but he fails to provide a notification to that effect in writing signed by him or on his behalf, then -
(10) Those steps are -
(11) The appropriate authority shall notify the person complained against if -
(12) But nothing in paragraph (11) shall require the appropriate authority to make a notification if it has previously decided under regulation 14(3) not to notify the person complained against of the complaint because it is of the opinion that that might prejudice any criminal investigation or pending proceedings or would be contrary to the public interest.
Circumstances in which an investigation or other procedure may be suspended
16.
- (1) The Commission may suspend any investigation or other procedure under Part 2 of the 2002 Act which would, if it were to continue, prejudice any criminal proceedings.
(2) An appropriate authority may, subject to paragraph (3), suspend any investigation or other procedure under Part 2 of the 2002 Act which would, if it were to continue, prejudice any criminal investigation or proceedings.
(3) The Commission may direct that any investigation or other procedure under Part 2 of the 2002 Act which is liable to be suspended under paragraph (2) shall continue if it is of the view that it is in the public interest to make such a direction.
(4) The Commission shall consult the appropriate authority before making such a direction.
Resumption of investigation after criminal proceedings
17.
- (1) Where the whole or part of the investigation of a complaint has been suspended until the conclusion of criminal proceedings, and the complainant has failed to indicate after the conclusion of those proceedings that he wishes the investigation to start or be resumed, the Commission or, as the case may be, appropriate authority shall take the steps set out in paragraph (2).
(2) The Commission or appropriate authority shall take all reasonable steps to contact the complainant to ascertain whether he wants the investigation to start or be resumed as the case may be.
(3) If the complainant indicates that he does wish the investigation to start or be resumed, the Commission or appropriate authority shall start or resume the investigation as the case may be.
(4) If the complainant indicates that he does not want the investigation to start or be resumed, or if he fails to reply within 21 days to a letter sent to him by the Commission or appropriate authority, the Commission or appropriate authority as the case may be shall determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter.
(5) If the Commission or appropriate authority determines that it is not in the public interest for the complaint to be treated as a recordable conduct matter, the provisions of Part 2 of the 2002 Act shall cease to apply to the complaint.
(6) If the Commission or appropriate authority determines that it is in the public interest for the complaint to be treated as a recordable conduct matter, the provisions of Part 2 of Schedule 3 to the 2002 Act shall apply to the matter.
(7) The Commission or appropriate authority shall notify the person complained against if paragraph (5) or (6) applies.
(8) But nothing in paragraph (7) shall require the Commission or appropriate authority to make a notification if it is of the opinion that that might prejudice any criminal investigation or pending proceedings or would be contrary to the public interest.
Appointment of persons to carry out investigations
18.
- (1) No person shall be appointed to carry out an investigation under paragraph 16, 17 or 18 of Schedule 3 to the 2002 Act (investigation by the appropriate authority on its own behalf, supervised and managed investigations) -
(2) No member of a police force shall be appointed to carry out an investigation under paragraph 16, 17 or 18 of Schedule 3 to the 2002 Act in a case where the person who is the subject of the investigation is also a member of a police force, unless the officer so appointed is -
(c) of at least the same rank as the officer concerned.
(3) In this regulation -
Combining and splitting investigations
19.
- (1) An appropriate authority which is carrying out an investigation on its own behalf may -
if it considers that it is more efficient and effective, or is otherwise in the public interest, to do so.
(2) Subject to paragraph (3), where the Commission is supervising, managing or carrying out an investigation, it may -
if it considers that it is more efficient and effective, or is otherwise in the public interest, to do so.
(3) The Commission shall not take any action under paragraph (2) in relation to a supervised or managed investigation except after consultation with the appropriate authority.
(4) Nothing in this regulation shall prevent the Commission from determining that -
Relinquishing the Commission's supervision or management of an investigation
20.
- (1) This regulation applies where the Commission -
(2) Where this regulation applies, the Commission -
(3) But nothing in paragraph (2)(a) shall require the Commission to make a notification to the person complained against if it is of the opinion that that might prejudice any criminal investigation or pending proceedings or would be contrary to the public interest.
Complaints against a person who has subsequently ceased to serve with the police
21.
Where a complaint or conduct matter relates to the conduct of a person who has ceased to be a person serving with the police since the time of the conduct, then Part 2 of the 2002 Act shall apply in relation to such a person as if it did not include any requirement for an appropriate authority to determine whether disciplinary proceedings should be brought against a person whose conduct is the subject-matter of a report.
Complaints against a person whose identity is unascertained
22.
- (1) Where a complaint or conduct matter relates to the conduct of a person whose identity is unascertained at the time at which the complaint is made or the conduct matter is recorded, or whose identity is not ascertained during or subsequent to, the investigation of the complaint or recordable conduct matter, then Part 2 of the 2002 Act and these Regulations shall apply in relation to such a person as if it did not include -
(2) Where the identity of such a person is subsequently ascertained, the Commission and appropriate authority shall take such action in accordance with Part 2 of the 2002 Act and these Regulations as they see fit, regardless of any previous action taken under that Part as modified above.
Notification of actions and decisions
23.
- (1) So far as not covered by paragraph 23(9) and (10) and paragraph 25(10) and (11) of Schedule 3 to the 2002 Act (notifications by the Commission in relation to recommending disciplinary proceedings), where the Commission takes any action or decisions in consequence of it having received a memorandum under paragraph 23(7) or paragraph 25(3) of that Schedule, it shall notify such action or decisions, together with an explanation of its reasons for having taken them, to -
(2) Without prejudice to the generality of paragraph (1), the Commission shall include in any notification under that paragraph a statement as to whether it intends to bring and conduct, or otherwise participate or intervene in, any disciplinary proceedings.
(3) The Commission may decide not to give such a notification and explanation to the person complained against if it is of the opinion that that notification might prejudice any criminal investigation, pending proceedings, or review of the complaint.
Keeping of records
24.
Every police authority and chief officer shall keep records, in such form as the Commission shall determine, of -
Register to be kept by the Commission
25.
- (1) The Commission shall establish and maintain a register of all information supplied to it by a police authority or chief officer under Part 2 of the 2002 Act.
(2) Subject to paragraph (3), the Commission may publish or otherwise disclose to any person any information held on the register provided that the publication or disclosure is necessary for or conducive to the purpose of -
(3) Information may not be published or disclosed in circumstances where in the opinion of the Commission the non-disclosure of information is necessary for the purposes mentioned in regulation 12(1)(a) and (b).
Delegation of powers and duties by chief officer
26.
- (1) Subject to paragraphs (3) and (4), a chief officer may delegate all or any of the powers or duties conferred or imposed on him by or under Part 2 of the 2002 Act to such an officer as is mentioned in paragraph (2).
(2) Those powers or duties may be delegated -
(3) A chief officer may delegate all or any of his powers or duties in relation to the local resolution of complaints under Part 2 of the 2002 Act to any person serving with the police.
(4) A chief officer shall not, in any particular case, delegate any power or duty under paragraph (1) to an officer who has acted as investigating officer in that case, or who has acted in relation to it in pursuance of an attempt to resolve it by way of local resolution.
(5) This regulation is without prejudice to any other power of a chief constable to delegate powers, duties or functions (whether at common law or otherwise).
Manner and time limits of notifications
27.
- (1) Any notification to be given under these Regulations shall -
(2) No time limit mentioned in these Regulations or determined by the Commission shall apply in any case where exceptional circumstances prevent that time limit being complied with.
Application to contracted-out staff
28.
- (1) Subject to paragraph (2), Part 2 of the 2002 Act and these Regulations shall apply in relation to a detention officer or escort officer as they apply in relation to a person serving with the police.
(2) Paragraph (1) applies only insofar as a complaint relates to, or another instance of misconduct involves, the carrying out of functions for the purposes of which any power or duty is conferred or imposed by a designation under section 39(2) of the 2002 Act (police powers for contracted-out staff).
(3) References in Part 2 of the 2002 Act to a person who is under the direction and control of a chief officer shall include references to a detention officer or escort officer who has been so designated by that chief officer.
(4) In this regulation, "detention officer" means a person designated under section 39(2)(a) of the 2002 Act and "escort officer" means a person designated under section 39(2)(b) of that Act.
Application to NCIS and NCS
29.
- (1) Subject to the modifications set out in this regulation, Part 2 of the 2002 Act and these Regulations shall apply to any member of the National Criminal Intelligence Service and to any member of the National Crime Squad as they apply in relation to persons serving with the police.
(2) In their application to any member of the National Criminal Intelligence Service and to any member of the National Crime Squad, Part 2 of the 2002 Act and these Regulations shall apply as if -
(3) In this regulation -
(4) The statutory instruments set out in paragraph (5) are hereby revoked.
(5) Those statutory instruments are -
Disciplinary proceedings for police staff
30.
In relation to a person serving with the police who is not a member of a police force or a special constable, for the purposes of Part 2 of the 2002 Act, "disciplinary proceedings" means any proceedings or management process during which the conduct of such a person is considered in order to determine whether a sanction or punitive measure is to be imposed against him in relation to that conduct.
Hazel Blears
Minister of State
Home Office
8th March 2004
[2] 1996 c. 16; section 63(3)(d) was inserted by section 107 of, and paragraph 17 of Schedule 7 to, the 2002 Act.back
[3] 1997 c. 50; sections 39(1) and 83(1) to (2A) were substituted by section 25 of the 2002 Act.back
[5] 1984 c. 60; section 116 was amended by section 125(1) of, paragraphs 5 and 11 of Schedule 15 to, and Part 1 of Schedule 16 to, the Terrorism Act 2000 (c. 11) and by section 456; of, and paragraphs 1 and 14 of Schedule 11 to, the Proceeds of Crime Act 2002 (c. 29).back