Regulation 23 Handling of complaints by the Chief ExecutiveI1

England and Wales

(1)

This regulation applies where a complaint has been recorded by the Chief Executive.

(2)

But this regulation does not apply to a complaint if it is one that has been, or must be, referred to the F1Director General under regulation 21, unless the complaint is for the time being—

(a)

referred back to the Chief Executive under regulation 22; or

(b)

the subject of a determination under regulation 38 (power of the Director General to determine the form of an investigation).

F2(3)

Subject to regulations 24 and 25 (disapplication of the requirements of these Regulations), the Chief Executive must determine whether or not the complaint is suitable for being subjected to local resolution.

(4)

If the Chief Executive determines that the complaint is suitable for being subjected to local resolution, the Chief Executive must make arrangements for it to be so subjected

(5)

If the Chief Executive determines that the complaint is not so suitable, the Chief Executive must make arrangements for the complaint to be investigated by the Chief Executive.

(6)

A determination that a complaint is suitable for being subjected to local resolution may not be made unless the Chief Executive is satisfied that—

(a)

the conduct complained of (even if it were proved) would not justify the bringing of any criminal or disciplinary proceedings against the person whose conduct is complained of; and

(b)

the conduct complained of (even if it were proved) would not involve the infringement of a person’s rights under Article 2 or 3 of the Convention (within the meaning of the Human Rights Act 1998^f1).

(7)

In a case where this regulation applies to a complaint by virtue of paragraph (2)(b), a determination that the complaint is suitable for being subjected to local resolution may not be made unless the Director General approves the determination.

(8)

No more than one application may be made to the Director General for the purposes of paragraph (7) in respect of the same complaint.

(9)

Paragraph (7) (where applicable) is in addition to paragraph (6).

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: Reg. 23(3) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 36(12) (with reg. 37)

Commencement

I1: Reg. 23 in force at 30.4.2017, see reg. 1

Footnotes

f1: 1998 c. 42.