Regulation 34 Procedure where conduct matter is revealed during investigation of DSI matter

(1)

If during the course of an investigation of a DSI matter it appears to a person appointed under regulation 43 or 44, that there is an indication that an officer may have—

(a)

committed a criminal offence; or

(b)

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

the person so appointed must make a submission to that effect to the Director General.

(2)

If, after considering a submission under paragraph (1), the Director General determines that there is such an indication, the Director General must—

(a)

notify the chief executive of the Director General’s determination; and

(b)

send to the chief executive a copy of the submission under paragraph (1).

(3)

If during the course of an investigation of a DSI matter being carried out by a person appointed under regulation 43 or 44 the Director General determines (without there having been a submission under paragraph (1)) that there is an indication that an officer may have—

(a)

committed a criminal offence; or

(b)

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

the Director General must notify the chief executive of the Director General’s determination.

(4)

If during the course of an investigation of a DSI matter by a person designated under regulation 45 the Director General determines that an officer may have—

(a)

committed a criminal offence; or

(b)

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

the Director General must proceed under paragraph (5).

(5)

The Director General must—

(a)

prepare a record of the determination;

(b)

notify the chief executive of the determination; and

(c)

send to the chief executive a copy of the record of the determination prepared under sub-paragraph (a).

(6)

If, during the course of an investigation of a DSI matter, it appears to a person appointed by the chief executive under regulation 42 to undertake an investigation that an officer may have—

(a)

committed a criminal offence; or

(b)

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

the person so appointed must make a submission to that effect to the chief executive in relation to the DSI matter.

(7)

If, after considering a submission under paragraph (6), the chief executive determines that there is such an indication, the chief executive must notify the Director General of that determination and send a copy of the submission under paragraph (6) to the Director General.

(8)

Where the chief executive—

(a)

is notified of a determination by the Director General under paragraph (2), (3) or (5); or

(b)

makes a determination under paragraph (7),

the chief executive must record the matter under regulation 19 as a conduct matter.

(9)

Where a DSI matter is recorded under regulation 19 as a conduct matter by virtue of paragraph (8)—

(a)

the person investigating the DSI matter must, subject to any determination made by the Director General under regulation 36(8) or (9), continue the investigation as if appointed or designated to investigate the conduct matter; and

(b)

the other provisions of these Regulations apply in relation to that matter accordingly.