Regulation 43 Investigation by a police force or the National Crime Agency under the direction of the Director General

(1)

This regulation applies where the Director General determines that there should be an investigation under the direction of the Director General by—

(a)

a police force; or

(b)

the National Crime Agency^f1.

(2)

The Director General must—

(a)

in the case of an investigation by a police force—

(i)

identify the police force whose force area includes the geographical area to which the subject matter of the complaint, recordable conduct matter or DSI matter most closely relates; and

(ii)

take steps to obtain the agreement of the chief officer of that force, and the chief executive, to the carrying out of the investigation by that force; or

(b)

in the case of an investigation by the National Crime Agency, take steps to obtain the agreement of the Director General of the National Crime Agency, and the chief executive, to the carrying out of the investigation by the National Crime Agency.

(3)

In the event that no agreement is reached under paragraph (2) the Director General may require the chief officer of any police force that the Director General considers appropriate or, as the case may be, the National Crime Agency, to carry out the investigation.

(4)

Whether by agreement or if required to do so under paragraph (3), where—

(a)

the investigation is to be carried out by a police force, the chief officer of the police force concerned must, if that person has not already done so, appoint a person serving with the police who is a member of that force to investigate that complaint or matter;

(b)

the investigation is to be carried out by the National Crime Agency, the Director General of the National Crime Agency must, if that person has not already done so, appoint a person serving with the National Crime Agency to investigate that complaint or matter.

(5)

An appointment of a person under paragraph (4) must be notified to the chief executive by the chief officer concerned or, as the case may be, by the Director General of the National Crime Agency.

(6)

The person appointed to investigate the complaint or matter under paragraph (4)—

(a)

shall be under the direction and control of the Director General; and

(b)

must comply with all such requirements in relation to the carrying out of that investigation as may be imposed under these Regulations.

Annotations

Footnotes

f1: The National Crime Agency was established by section 1 of the Crime and Courts Act 2013 (c. 22).