Regulation 47 Resumption of investigation of complaint after criminal investigation or criminal proceedings
This regulation applies where—
the Director General or the Minister has suspended the whole or part of an investigation of a complaint until the conclusion of a criminal investigation or criminal proceedings under regulation 46; and
the criminal investigation or criminal proceedings mentioned in sub-paragraph (a) have concluded.
Where the complainant has not indicated—
a wish for the investigation to start or be resumed; or
a wish that the investigation is not started or resumed,
the Director General or the Minister, as the case may be, must send a letter to the complainant to determine how the complainant wishes to proceed.
A letter under paragraph (2) must, subject to guidance issued by the Director General, be sent by recorded delivery.
Where the complainant indicates a wish for the investigation to start or be resumed, the Director General or the Minister, as the case may be, must start or resume the investigation.
Where the complainant—
indicates a wish that the investigation is not started or resumed; or
does not reply to a letter under paragraph (2) within a period of 28 days beginning with the day after the day on which the letter is sent by the Director General or the Minister in accordance with paragraph (2),
the Director General or the Minister, as the case may be, must determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter.
Where the Director General or the Minister determines that it is not in the public interest for the complaint to be treated as a recordable conduct matter, the provisions of these Regulations relating to the investigation of the complaint cease to apply to the complaint.
Subject to paragraph (9), the Director General or the Minister, as the case may be, must notify the person complained against if paragraph (6) or (7) applies.
Nothing in paragraph (8) requires the Director General or the Minister to make a notification if the Director General or the Minister, as the case may be, believes that to do so might prejudice any criminal investigation or pending proceedings or would be contrary to the public interest.