Following changes to legislation on the 1st February 2020, appeals that were previously dealt with by the Chief Constable will fall to the Police and Crime Commissioner. The new process will be known as a 'Review'.
The Police, Crime and Victims’ Commissioner is the relevant review body in most cases (the exception being those highlighted below). Durham Constabulary will inform you of your right to apply for a review and direct you to this page on the OPCVC website in their communication with you. The application for review must be made within 28 days starting the day after you received the outcome.
- The complaint is about the conduct of a senior officer (an officer holding a rank above Chief Superintendent). The Independent Office of Police Conduct (IOPC) is the relevant review body.
- 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 proceedings or would not involve the infringement of a person's rights under Article 2 or 3 of the European Convention of Human Rights (ECHR). IOPC is the relevant review body.
- The complaint has been, or must be referred to the IOPC. IOPC is the relevant review body.
- The IOPC is treating the complaint as having been referred. IOPC is the relevant review body.
- The complaint arises from the same incident as a complaint falling within the above. IOPC is the relevant review body.
All reviews for Durham have been delegated by the Police, Crime and Victims’ Commissioner to the Independent Review Adjudicator,
as set out in the IOPC Statutory guidance.
If your complaint to Durham Constabulary qualifies for an OPCVC review the following information must be sent to:
General.Enquiries@durham.pcc.pnn.gov.uk or in writing to Office of the Police, Crime and Victims’ Commissioner, Police Headquarters, Aykley Heads, Durham, DH1 5TT.
* The details of the complaint. * The date on which the complaint was made. * The name of the force who decision is the subject of the application and the date on which the complainant was provided with the outcome. * The details about their right of review at the conclusion of the investigation or other handling of their complaint * Please explain would you would like to happen.
Alternatively, please download and complete the review form (Link here)
Only the complainant or someone acting on their behalf can make an application for a review.
What you can expect from us -
- Within five days of receiving the application for a review, we will acknowledge your correspondence and inform you when you can expect to hear about the review and what will happen next. You will also be given a point of contact for any queries. Decisions will be reached as soon as practicable, however, the OPCVC will provide an update every 28 days.
The role of the OPCVC will be to offer the opportunity to consider whether the complaint outcome is reasonable and proportionate and, if not, to put things right.