Regulation 59 Restrictions on proceedings pending the conclusion of an investigationI1

England and Wales

(1)

No criminal or disciplinary proceedings may be brought in relation to any matter which is the subject of an investigation in accordance with the provisions of these Regulations until—

(a)

the Chief Executive has certified the case as a special case under regulation 61(3) or 63(3); or

(b)

a report on that investigation has been submitted to the F1Director General or to the Chief Executive under regulation 68 (final reports on investigations: complaints and conduct matters) or 71 (final reports on investigations: DSI matters).

(2)

Nothing in this regulation prevents the bringing of criminal or disciplinary proceedings in respect of any conduct at any time after the discontinuance of the investigation in accordance with the provisions of these Regulations which relate to that conduct.

(3)

The restrictions imposed by this regulation in relation to the bringing of criminal proceedings do not apply to the bringing of criminal proceedings by the Director of Public Prosecutions in any case in which it appears to the Director that there are exceptional circumstances which make it undesirable to delay the bringing of such proceedings.

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)

Commencement

I1: Reg. 59 in force at 30.4.2017, see reg. 1