The Act – Section by Section Functions of the Police Investigations and Review Commissioner Section 13: Complaints made by persons serving with the police
101.Sections 34 to 41 of the 2006 Act are concerned with the PIRC’s oversight of complaints made about the police. The PIRC’s oversight functions relate only to “relevant complaints”. A complaint can be made in any circumstances but it will not fall within the statutory complaints handling system or the PIRC’s oversight function unless it is a relevant complaint as defined in section 34 of the 2006 Act.
102.Section 13 amends section 34 of the 2006 Act, which makes provision about “relevant complaints” for the purpose of Chapter 2 of Part 1 of that Act. Section 34 currently requires a relevant complaint to have been made by a “member of the public” (see section 34(6)). The Angiolini Review expressed doubt as to whether an off-duty constable would be treated as a “member of the public” for these purposes, i.e. whether a complaint made by the constable about events directly affecting the constable whilst off-duty would be a relevant complaint.
103.Section 13(1)(c) of the Act amends section 34(6) to provide that a complaint can be made by any person (including a person serving with the police). However, it also amends section 34(3) and inserts a new section 34(3A) to make provision about complaints by constables, or members of police staff, which are not to be treated as being “relevant complaints”.
104.Section 34(3) of the 2006 Act sets out what is not a relevant complaint for these purposes. Section 13(1) amends it so that section 34(3)(aa) excludes from the meaning of “relevant complaint” any complaint made by currently-serving constables and staff about acts or omissions mentioned in new subsection (3A). Subsection (3A)(a) excludes complaints about an act or omission relating to, or adversely affecting, the person in their role as a constable or member of police staff from the meaning of “relevant complaint”. Complaints about acts or omissions relating to, or adversely affecting, the person in their capacity as a private citizen are “relevant complaints” which can be reviewed by the PIRC.
105.Subsection (3A)(b) also excludes complaints by persons serving with the police about acts or omissions witnessed by them (but not directly affecting them) from the definition of a “relevant complaint”.
106.The exclusion in subsection (3)(aa) does not apply to former constables or police staff although subsection (3)(a) (which is not amended by the Act) excludes complaints made by current or former constables or police staff about their terms and conditions from the definition of “relevant complaint”.
107.Section 13(2) amends the title of section 34 to more accurately reflect its content.