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Police Reform Act 2002

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Police Reform Act 2002. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary

    1. Part 1: Powers of the Secretary of State

    2. Part 2: Complaints and Misconduct

    3. Part 3: Removal, suspension and disciplining of police officers

    4. Part 4: Police Powers

    5. Part 5: The Ministry of Defence Police

    6. Part 6: Miscellaneous

    7. Part 7: Supplemental

  3. Background

    1. Part 1: Powers of the Secretary of State

    2. Part 2: Complaints and Misconduct

    3. Part 3: Removal, suspension and disciplining of police officers

    4. Part 4: Police Powers etc.

      1. Chapter 1: Exercise of police powers etc. by civilians

    5. Part 5: The Ministry of Defence Police

  4. The Act

    1. Commentary on Sections

      1. Part 1: Powers of the Secretary of State

        1. Section 1: National Policing Plan

        2. Section 2: Codes of practice for chief officers

        3. Section 3: Powers to require inspection and report

        4. Section 4: Directions to police authorities

        5. Section 5: Directions as to action plans

        6. Section 6: Regulation of equipment

        7. Section 7: Regulation of procedures and practices

        8. Section 8 and Schedule 1: Equivalent provision for NCIS and NCS

      2. Part 2: Complaints and misconduct

        1. Section 9: The Independent Police Complaints Commission

      3. Schedule 2: Independent Police Complaints Commission

        1. Paragraph 1: Chairman

        2. Paragraph 2: Ordinary Members of the Commission

        3. Paragraph 6: Staff

        4. Section 10: General functions of the Commission

        5. Section 11: Reports to the Secretary of State

        6. Section 12: Complaints, matters and persons to which Part 2 applies

        7. Section 13 and Schedule 3: Handling of complaints and conduct matters etc.

      4. Schedule 3Part 1: Handling of complaints

        1. Paragraph 2: Initial handling and recording of complaints

        2. Paragraph 3: Failures to notify or record a complaint

        3. Paragraph 4: Reference of complaints to the Commission

        4. Paragraph 5: Duties of the Commission on references under paragraph 4

        5. Paragraph 6: Handling of complaints by the appropriate authority

        6. Paragraph 7: Dispensation by the Commission from requirements of Schedule

        7. Paragraph 8: Local resolution of complaints

        8. Paragraph 9: Appeals relating to local resolution

      5. Schedule 3Part 2: Handling of conduct matters

        1. Paragraph 10: Conduct matters arising in civil proceedings

        2. Paragraph 11: Recording etc. of conduct matters in other cases

        3. Paragraph 13: Reference of conduct matters to the Commission

        4. Paragraph 14: Duties of the Commission on references under paragraph 13

      6. Schedule 3Part 3: Investigations and subsequent proceedings

        1. Paragraph 15: Power of the Commission to determine the form of investigation

        2. Paragraph 16: Investigation by the appropriate authority on its own behalf

        3. Paragraph 17: Investigations supervised by the Commission

        4. Paragraph 18: Investigations managed by the Commission

        5. Paragraph 19: Investigations by the Commission itself

        6. Paragraph 20: Restrictions on proceedings pending the conclusion of an investigation

        7. Paragraph 21: Power of Commission to discontinue and investigation

        8. Paragraph 22: Final reports of investigations

        9. Paragraph 23: Action by the Commission in response to an investigation report

        10. Paragraph 24: Action by the appropriate authority in response to an investigation report

        11. Paragraph 25: Appeals to the Commission with respect to an investigation

        12. Paragraph 26: Reviews and re-investigations following an appeal

        13. Paragraph 27: Duties with respect to disciplinary proceedings

        14. Paragraph 28: Information for complainant about disciplinary recommendations

        15. Section 14: Direction and control matters

        16. Section 15: General duties of police authorities, chief officers and inspectors

        17. Section 16: Payment for assistance with investigations

        18. Section 17: Provision of information to the Commission

        19. Section 18: Inspections of police premises on behalf of the Commission

        20. Section 19: Use of investigatory powers by or on behalf of the Commission

        21. Section 20: Duty to keep the complainant informed

        22. Section 21: Duty to provide information for other persons

        23. Section 22: Power of the Commission to issue guidance

        24. Section 26: Forces maintained otherwise than by police authorities

        25. Section 27: Conduct of the Commission’s staff

      7. Part 3: Removal, suspension and disciplining of police officers

        1. Section 30: Resignation in the interests of efficiency and effectiveness

        2. Section 31: Procedural requirements for removal of senior officers

        3. Section 32: Suspension of senior officers

        4. Section 33: Removal of senior officers at the instance of the Secretary of State

        5. Section 34: Regulations concerning procedure for removal of senior officers

        6. Section 35: Disciplinary proceedings for special constables

        7. Section 36: Conduct of disciplinary proceedings

        8. Section 37: Protected disclosures by police officers

      8. Part 4: Police powers

        1. Chapter 1: Exercise of police powers etc. by civilians

          1. Section 38: Police powers for police authority employees

      9. Schedule 4: Police powers exercisable by police civilians

      10. Part 1: Community support officers

      11. Part 2: Investigating Officers

      12. Part 3: Detention officers

      13. Part 4: Escort Officers

        1. Section 39: Police powers for contracted-out staff

        2. Section 40: Community safety accreditation schemes

        3. Section 41: Accreditation under community safety accreditation schemes

      14. Schedule 5: Powers exercisable by accredited persons

        1. Section 42: Supplementary provisions relating to designations and accreditations

        2. Section 43: Railway safety accreditation scheme

        3. Section 44: Removal of restriction on powers conferred on traffic wardens

        4. Section 45: Code of practice relating to chief officers’ powers under Chapter 1

        5. Section 46: Offences against designated and accredited persons etc.

        6. Section 47: Interpretation of Chapter 1

      15. Part 4Chapter 2: Provisions modifying and supplementing police powers

        1. Section 48: Offences for which a person may be arrested without warrant

      16. Schedule 6: Specific offences which are arrestable offences

        1. Section 49: Power of arrest in relation to failure to stop a vehicle

        2. Section 50: Persons acting in an anti-social manner

        3. Section 51: Independent custody visitors for places of detention

        4. Section 52: Detention review for detained persons who are asleep

        5. Section 53: Persons suspected of offences connected with transport systems

        6. Section 54: Persons authorised to take intimate samples from persons in police detention

        7. Section 55: Extension of role of health care professionals

        8. Section 56: Specimens taken from persons incapable of consenting

        9. Section 57: Use of specimens taken from persons incapable of consenting

        10. Section 58: Equivalent provision for offences connected with transport systems

        11. Section 59: Vehicles used in a manner causing alarm, distress or annoyance

        12. Section 60: Retention of vehicles seized under section 59

        13. Section 61: Anti-social behaviour orders

        14. Section 62: Power of Secretary of State to add relevant authorities

        15. Section 63: Orders in county court proceedings

        16. Section 64: Orders on conviction in criminal proceedings

        17. Section 65: Interim orders

        18. Section 66: Consultation requirements

        19. Section 67: Sex offenders: England and Wales

        20. Section 68: Interim orders for sex offenders: England and Wales

        21. Section 69: Sex offender orders made in Scotland or Northern Ireland

        22. Section 70: Sex offenders: Scotland

        23. Section 71: Sex offender orders made in England and Wales or Northern Ireland

        24. Section 72: Sex offenders: Northern Ireland

        25. Section 73: Interim orders for sex offenders: Northern Ireland

        26. Section 74: Sex Offender Orders made in England and Wales or Scotland

        27. Section 75: Removal of truants to designated places

        28. Section 76: Amendments to Part 3 of the Road Traffic Offenders Act 1988

        29. Section 77: Application of the Police (Property) Act 1897 to NCS

      17. Part 5: The Ministry of Defence Police

        1. Section 78: Ministry of Defence Police serving with other forces

        2. Section 79: Disciplinary matters

        3. Section 80: Functions of inspectors of constabulary

        4. Section 81: Exemptions from firearms legislation

      18. Part 6: Miscellaneous

        1. Section 82: Nationality requirements

        2. Section 83: Attestation of constables

        3. Section 84: Delegation of functions in relation to senior appointments

        4. Section 85: Director General of NCIS

        5. Section 86: Police members of NCIS

        6. Section 87: Police members of NCS

        7. Sections 88 and 89: Regulations for NCIS and NCS

        8. Sections 90 and 91: Supplementary provisions about police membership of NCIS and NCS

        9. Section 92: Police authorities to produce three-year strategy plans

        10. Section 93: Quorum for the Service Authorities under the 1997 Act

        11. Section 94: Expenses of members of police authorities etc.

        12. Section 95: Duties under the Health and Safety at Work etc. Act 1974

        13. Section 96: President of ACPO

        14. Section 97: Crime and disorder reduction partnerships

        15. Section 98: Secretary of State’s functions in relation to strategies

        16. Section 99: Power to modify the functions and structure of PITO

        17. Section 100: Metropolitan Police Authority Housing

        18. Section 101: Provision of goods and services by police authorities

        19. Section 102: Liability for wrongful acts of constables etc.

        20. Section 103: Liability in respect of members of teams

        21. Section 104: Assaults on members of teams

      19. Part 7: Supplemental

        1. Section 108: Short title, commencement and extent

  5. Commencement

  6. Hansard References

  7. Glossary

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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