Regulation 60 Accelerated procedure in special casesI1
England and Wales
If, at any time before the completion of the investigation, the person investigating a complaint or recordable conduct matter F1or, in the case of an investigation by a designated person under regulation 44, the Director General believes that the Chief Executive would, on consideration of the matter, be likely to consider that the special conditions are satisfied, the person must proceed in accordance with the following provisions of this paragraph.
If the person was appointed under regulation 41 (investigations by the Chief Executive on the Chief Executive’s own behalf), the person must submit to the Chief Executive—
a statement of that person’s belief and the grounds for it; and
a written report on the investigation to that point,
and if the person was appointed following a determination made by the F2Director General under regulation 36 the person must send a copy of the statement and the report to the Director General.
If the person was appointed under regulation 42 or 43 (investigations supervised or managed by the Director General) or designated under regulation 44 (investigations by the Director General F3...), the person must submit to the Chief Executive—
a statement of F4the belief referred to in paragraph (1) and the grounds for it; and
a written report on the investigation to that point,
and must send a copy of the statement and the report to the Director General.
A person submitting a report under this regulation is not prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters in the report as that person thinks fit.
A statement and report may be submitted under this regulation whether or not a previous statement and report have been submitted, but a second or subsequent statement and report may be submitted only if the person submitting them has grounds to believe that the Chief Executive will reach a different determination under regulation 61(2) or 63(2).
After submitting a report under this regulation, the person investigating the complaint or recordable conduct matter must continue the investigation to such extent as that person considers appropriate.
The special conditions are that—
there is sufficient evidence, in the form of written statements or other documents, to establish on the balance of probabilities that conduct to which the investigation relates constitutes gross misconduct; and
it is in the public interest for the person whose conduct it is to cease to be a LAPO without delay.
In regulations 61 to 64—
“special report” means a report submitted under this regulation; and
“special conditions” has the meaning given by paragraph (7) of this regulation.
Annotations
Textual amendments
- F1
Words in reg. 60(1) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 36(17)(a) (with reg. 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)(a) (with regs. 36(4), 37)
- F3
Word in Regulations omitted (8.1.2018) by virtue of The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 36(3) (with regs. 36(4), 37)
- F4
Words in reg. 60(3)(a) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 36(17)(b) (with reg. 37)
Commencement
- I1
Reg. 60 in force at 30.4.2017, see reg. 1