Regulation 52 Resumption of investigation after criminal proceedingsI1

Where the investigation of a conduct matter or DSI matter has been suspended until the conclusion of criminal proceedings, the F1Director General or Chief Executive, as the case may be, must start or resume the investigation after the conclusion of those proceedings.

Where the investigation of a complaint has been suspended until the conclusion of criminal proceedings, and the complainant has not indicated after the conclusion of those proceedings the wish that the investigation start or be resumed, the Director General or Chief Executive, as the case may be, must take the steps set out in paragraph (3).

The Director General or Chief Executive must take all reasonable steps to contact the complainant to ascertain whether the complainant wants the investigation to start or be resumed.

If the complainant indicates the wish for the investigation to start or be resumed, the Director General or Chief Executive must start or resume the investigation.

If—

the Director General or 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.

If the Director General or Chief Executive determines that it is not in the public interest for the complaint to be treated as a recordable conduct matter, the provisions of these Regulations cease to apply to the complaint.

If the Director General or Chief Executive determines that it is in the public interest for the complaint to be treated as a recordable conduct matter, the provisions of these Regulations continue to apply to the matter.

Subject to paragraph (9), the Director General or Chief Executive must notify the person complained against if paragraph (6) or (7) applies.

Nothing in paragraph (8) requires the Director General or Chief Executive to make a notification if the Director General or the Chief Executive, as the case may be, is of the opinion that that might prejudice any criminal investigation or proceedings or would be contrary to the public interest.