Regulation 22 Recording, etc., of conduct matters in other cases

(1)

This regulation applies where—

(a)

a conduct matter comes to the attention of the Minister otherwise than as set out in regulation 21; and

(b)

it appears to the Minister that the conduct involved in that matter falls within paragraph (2).

(2)

Conduct falls within this paragraph if, assuming it to have taken place—

(a)

it appears to have resulted in the death of any person or in serious injury to any person;

(b)

a member of the public has been adversely affected by it; or

(c)

it involves—

(i)

a serious assault, as determined in guidance issued by the Director General;

(ii)

a serious sexual offence, as determined in guidance issued by the Director General;

(iii)

serious corruption, including abuse of position for a sexual purpose or the purpose of pursuing an improper emotional relationship, as determined in guidance issued by the Director General;

(iv)

a criminal offence or behaviour which is liable to lead to disciplinary proceedings and which, in either case, was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion or other status, as determined in guidance issued by the Director General;

(v)

a relevant offence;

(vi)

conduct whose gravity or other exceptional circumstances make it appropriate to record the matter in which the conduct is involved;

(vii)

conduct which is alleged to have taken place in the same incident as one in which conduct within paragraphs (i) to (v) is alleged.

(3)

The Minister must determine whether the matter is one which the Minister is required to refer to the Director General under regulation 28 or is one which it would be appropriate to so refer.

(4)

If the Minister determines that the matter is one which the Minister is required to refer to the Director General under regulation 28, or is one which it would be appropriate to so refer, the Minister must record the matter.

(5)

In any case not falling within paragraph (4), the Minister must determine whether the matter—

(a)

concerns substantially the same conduct as—

(i)

a complaint made previously (“previous complaint”); or

(ii)

a conduct matter recorded previously (“previous conduct matter”);

(b)

is one in respect of which there is no fresh indication that an authorised investigator may have—

(i)

committed a criminal offence; or

(ii)

behaved in a manner which would justify the bringing of disciplinary proceedings;

(c)

is one in respect of which there is no fresh substantive evidence which was not reasonably available at the time the previous complaint was made or the previous conduct matter was recorded; and

(d)

is one where, as respects the previous complaint or previous conduct matter, it has been or is being investigated or otherwise handled in accordance with these Regulations.

(6)

In a case where the Minister determines that the matter does not fall within paragraph (5), the Minister must record the matter.

(7)

In any case not falling within paragraph (4) or (6), the Minister may (but need not) record the matter.

(8)

In a case where the Minister—

(a)

records a matter under this paragraph; and

(b)

is not required to refer the matter to the Director General under regulation 28 and does not do so,

the Minister may deal with the matter in such other manner (if any) as the Minister may determine.

(9)

Nothing in paragraph (4) or (6) requires the Minister to record any conduct matter if the Minister is satisfied that the matter has been, or is already being, dealt with by means of criminal or disciplinary proceedings against the person to whose conduct the matter relates.