Regulation 21 Reference of complaints to the Director GeneralF1I1
England and Wales
The Chief Executive must refer a complaint to the Director General if—
the complaint is one alleging that the conduct complained of has resulted in death or serious injury;
the complaint does not fall within sub-paragraph (a) but is one alleging conduct which constitutes—
a serious assault, as defined in guidance issued by the Director General;
a serious sexual offence, as defined in guidance issued by the Director General;
serious corruption, as defined in guidance issued by the Director General;
a criminal offence or behaviour which is liable to lead to disciplinary proceedings and which, in either case, was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion, or other status identified in guidance issued by the Director General;
a relevant offence;
the complaint arises from the same incident as one in which any conduct falling within sub-paragraph (a) or (b) is alleged;
In a case where there is no obligation under paragraph (1) to make a reference, the Chief Executive may refer a complaint to the Director General if the Chief Executive considers that it would be appropriate to do so by reason of—
the gravity of the subject matter of the complaint; or
any exceptional circumstances.
Where a complaint is required to be referred to the Director General under paragraph (1)(a), (b) or (c), notification of the complaint must be given to the Director General—
without delay and in any event not later than the end of the day following the day on which it first becomes clear to the Chief Executive that the complaint is one to which that paragraph applies; and
in such manner as the Director General specifies.
Where a complaint is required to be referred to the Director General under paragraph (1)(d), notification of the complaint must be given to the Director General—
without delay and in any event not later than the end of the day following the day on which the Director General notifies the Chief Executive that the complaint is to be referred; and
in such manner as the Director General specifies.
Subject to paragraph (7)—
the power of the Director General by virtue of paragraph (1)(d) to require a complaint to be referred to it; and
the power of the Chief Executive to refer a complaint to the Director General under paragraph (2),
are each exercisable at any time irrespective of whether the complaint is already being investigated by any person or has already been considered by the Director General.
Where the Chief Executive refers a complaint to the Director General under this regulation the Chief Executive must give a notification of the making of the reference—
to the complainant; and
except in a case where it appears to the Chief Executive that to do so might prejudice a possible future investigation of the complaint, to the person complained against.
A complaint that has already been referred to the Director General under this regulation on a previous occasion—
is not required to be referred again under paragraph (1), unless the Director General so directs; and
may only be referred in exercise of the power at paragraph (2) if the Director General consents.
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), regs. 1, 36(2)(a) (with regs. 36(4), 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), regs. 1, 36(2)(c) (with reg. 37)
- F3
Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 36(2)(d) (with regs. 36(4), 37)
Commencement
- I1
Reg. 21 in force at 30.4.2017, see reg. 1