OpenLegislation

Regulation 18 Power to determine the form of an investigation

Original text. Later amendments are not shown.

(1)

This regulation applies where—

(a)

a complaint or conduct matter is referred to the Commission; and

(b)

the Commission determines that it is necessary for the complaint or matter to be investigated.

(2)

It shall be the duty of the Commission to determine the form which the investigation should take.

(3)

In making a determination under paragraph (2) the Commission shall have regard to the following factors—

(a)

the seriousness of the case; and

(b)

the public interest.

(4)

The only forms which the investigation may take in accordance with a determination made under this regulation are—

(a)

an investigation by a police force selected by the Commission, under the management of the Commission;

(b)

an investigation by the Commission itself.

(5)

The Commission may at any time make a further determination under this regulation to replace an earlier one.

(6)

Where a determination under this regulation replaces an earlier determination under this regulation the Commission may give the relevant police force such directions as the Commission considers appropriate for the purpose of giving effect to the new determination.

(7)

It shall be the duty of a person to whom a direction is given under paragraph (6) to comply with it.

(8)

The Commission shall notify the police and crime panel of any determination that it makes under this regulation in relation to a particular complaint or conduct matter.