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by Munro Research

Police (Complaints and Conduct) Act 2012


Official Summary

Make provision about interviews held during certain investigations under Schedule 3 to the Police Reform Act 2002; and about the application of Part 2 of that Act to matters occurring before 1 April 2004.

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Overview

This bill amends the Police Reform Act 2002, clarifying procedures for interviewing police officers during misconduct investigations and allowing for the review of past complaints that predate the Act's full implementation.

Description

The bill makes two key changes:

Interview Procedures

It introduces new regulations for interviewing serving police officers during investigations into complaints or misconduct. These regulations will cover requirements for officer attendance, scheduling of interviews, information disclosure to the officer, and the right to be accompanied. The Secretary of State will have the power to create these regulations and they will apply to investigations conducted by the police and the Independent Office for Police Conduct (IOPC).

Retroactive Application of the Police Reform Act 2002

The bill allows the IOPC to review pre-April 2004 complaints or misconduct matters under exceptional circumstances. This means that older cases, previously not covered by the 2002 Act, could be re-examined if deemed necessary.

Government Spending

The bill's financial implications are not explicitly stated in the provided text. The cost of implementing the new regulations and processing any retroactive cases will likely increase government spending, but the precise figures are unavailable.

Groups Affected

  • Serving police officers: This bill directly affects serving officers who may be subject to the new interview procedures. The bill grants them certain rights during the interview process.
  • The Independent Office for Police Conduct (IOPC): The IOPC will have expanded powers to investigate past complaints and will need to implement the new interview procedures.
  • Individuals who made complaints before April 2004: Some individuals who made complaints before April 2004 may see their cases reviewed under exceptional circumstances,potentially leading to further investigation.
  • The Secretary of State: The Secretary of State will be responsible for creating and enacting regulations related to the interview procedures.
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