Where a complaint has been recorded under Schedule 3 of the Police Reform Act 2002, the complainant has a right to apply for a review of the outcome of the complaint. This applies whether the complaint has been investigated by the appropriate authority or handled otherwise than by investigation.
The review will consider whether the outcome of the handling of the complaint is reasonable and proportionate. Where the relevant review body finds that the outcome of the complaint is not reasonable and proportionate it will uphold the review.
The IOPC is the relevant review body where:
- the appropriate authority is a local policing body
- the complaint is about the conduct of a senior officer (an officer holding a rank above chief superintendent)
- the appropriate authority is unable to satisfy itself, from the complaint alone, that the conduct complained of (if it were proved) would not justify the bringing of criminal or disciplinary proceedings138 or would not involve the infringement of a person’s rights under Article 2 or 3 of the European Convention on Human Rights (see glossary)
- the complaint has been, or must be, referred to the IOPC
- the IOPC is treating the complaint as having been referred
- the complaint arises from the same incident as a complaint falling within ii-v
- any part of the complaint falls within (2) to (6) above
In any other case the relevant review body is the Office of the Police and Crime Commissioner.
When undertaking a review of Nottinghamshire Police’s handling of a complaint, the Office of the Police and Crime Commissioner will have two considerations to make:
- Were Nottinghamshire Police’s actions 'reasonable', and
- Were Nottinghamshire Police’s actions 'proportionate'.
The Office of the Police and Crime Commissioner will not be able to reinvestigate the complaint or pass comment on the outcome. However, if the Office of the Police and Crime Commissioner believes that Nottinghamshire Police actions were either unreasonable or disproportionate they will make a recommendation to the Chief Constable and will require a formal response from the Chief to their findings.
Your appeal must be received within 28 calendar days from the day after the date stated on your outcome letter. For example, if your letter is dated 1 April, you have to make sure we receive your appeal by 29 April.
If you wish to request a Complaint Review, please complete the Complaint Review Form which can submitted online or alternatively it can be downloaded and either emailed or posted to the office - details below:
Office of the Police and Crime Commissioner for Nottinghamshire
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