Regulation 48 Resumption of investigation of complaint after criminal proceedings
This regulation applies where—
the Director General or the chief executive has suspended the whole or part of the investigation of a complaint until the conclusion of criminal proceedings under regulation 47; and
the criminal proceedings described 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 chief executive, as the case may be, must write 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 chief executive, 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 starting with the day after the letter was sent by the Director General or the chief executive in accordance with paragraph (2),
the Director General or the chief executive, 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 chief executive determines that it is not in the public interest for the complaint to be treated as a recordable conduct matter, these Regulations cease to apply to the complaint.
Where the Director General or the chief executive determines that it is in the public interest for the complaint to be treated as a recordable conduct matter, the relevant provisions of regulations 18, 19, 20, 26, 27 and 28 apply to the matter.
Subject to paragraph (9), the Director General or the chief executive, 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 chief executive to make a notification if the Director General or the chief executive, 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.