OpenLegislation

Regulation 26 Action in response to an investigation reportI1

England and Wales

(1)

This regulation applies where—

(a)

a report on an investigation carried out under the management of the F1Director General is submitted to F2the Director General under regulation 25(2); or

(b)

a report on an investigation carried out by a person designated by the Director General is submitted to F3the Director General, or is otherwise completed, under regulation 25(3).

(2)

On receipt of the report F4, or on its completion by the Director General, the Director General—

(a)

shall determine whether the conditions set out in paragraphs (3) and (4) are satisfied in respect of the report;

(b)

if the Director General determines that those conditions are so satisfied, shall notify the Director of Public Prosecutions of the determination and send him a copy of the report; and

(c)

shall notify—

(i)

the police and crime panel, and

(ii)

every person entitled to be kept properly informed in relation to the investigation under regulation 32(3),

of F5the Director General’s determination under sub-paragraph (a) and of any action taken by the Director General under sub-paragraph (b).

(3)

The first condition is that the report indicates that a criminal offence may have been committed by the relevant office holder.

(4)

The second condition is that the circumstances are such that, in the opinion of the Director General, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions.

(5)

The Director of Public Prosecutions shall notify the Director General of any decision of his to take, or not to take, action in respect of the matters dealt with in any report a copy of which has been sent to him under paragraph (2)(b).

(6)

It shall be the duty of the Director General to notify—

(a)

the police and crime panel, and

(b)

every person entitled to be kept properly informed in relation to the investigation under regulation 32(3)

if criminal proceedings are brought against any person by the Director of Public Prosecutions in respect of any matters dealt with in a report copied to him under sub-paragraph (2)(b).

(7)

In relation to every report submitted to the Director General under regulation 25, the Director General shall, subject to paragraph (8)—

(a)

send a copy of the report to the police and crime panel; and

(b)

publish the report.

(8)

The Director General may delay the sending or publication of a report, or withhold any part of a report from sending or publication, if the Director General considers that it is necessary to do so for the purposes mentioned in regulation 33(1)(a) or (b).

Annotations

Textual amendments

F1

Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 21(2)(a) (with regs. 21(3), 37)

F2

Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 21(2)(c) (with regs. 21(3), 37)

F3

Words in reg. 26(1)(b) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(14)(a) (with reg. 37)

F4

Words in reg. 26(2) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(14)(b) (with reg. 37)

F5

Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 21(2)(d) (with regs. 21(3), 37)

Commencement

I1

Reg. 26 in force at 16.1.2012, see reg. 1