Regulation 65 Power to discontinue an investigationI1

England and Wales

(1)

The F1Director General may by order require the discontinuance of the investigation of a complaint or matter if (whether on the application of the Chief Executive or otherwise) it appears to the Director General that—

(a)

the complaint or matter is of a description specified in paragraph (9); and

(b)

discontinuance of the investigation is within the F2Director General’s power.

(2)

The Chief Executive may discontinue an investigation if it appears to the Chief Executive that—

(a)

the complaint or matter is of a description specified in paragraph (9); and

(b)

discontinuance of the investigation is not within the Director General’s power.

(3)

Before discontinuing an investigation or applying to the Director General for an order requiring the discontinuance of an investigation, the Chief Executive must—

(a)

write to the complainant at the complainant’s last known address—

(i)

inviting the complainant to make representations in relation to the matter; and

(ii)

allowing the complainant a period of 28 days, commencing on the day after the date of the letter, to do so; and

(b)

have regard to any representations made by the complainant.

(4)

Any application by the Chief Executive to the Director General for an order requiring the discontinuance of an investigation must be in writing and must be accompanied by—

(a)

a copy of the complaint; and

(b)

a memorandum from the Chief Executive containing a summary of the investigation undertaken so far and explaining the reasons for the application.

(5)

The Chief Executive must—

(a)

send the complainant a copy of any such application on the same day as the day on which the application is sent to the Director General; and

(b)

supply any further information requested by the Director General for the purpose of considering that application.

(6)

The Director General must not require the discontinuance of an investigation in a case where there has been no application to do so by the Chief Executive unless F3the Director General has consulted with the Chief Executive.

(7)

Before requiring the discontinuance of an investigation under paragraph (1) in a case where there has been no application to do so by the Chief Executive, the Director General must—

(a)

write to the complainant at the complainant’s last known address—

(i)

inviting the complainant to make representations in relation to the matter; and

(ii)

allowing the complainant a period of 28 days, commencing on the day after the date of the letter, to do so; and

(b)

have regard to any representations made by the complainant.

(8)

For the purposes of this regulation—

(a)

discontinuance of the investigation of a complaint is within the Director General’s power if

(i)

the investigation is being undertaken by the Chief Executive on the Chief Executive’s own behalf and the complaint is one required to be referred to the Director General under regulation 21; or

(ii)

the investigation is under the supervision or management of the Director General;

(b)

discontinuance of the investigation of a matter other than a complaint is within the Director General’s power if the investigation is under the supervision or management of the Director General.

(9)

For the purposes of paragraphs (1) and (2), a complaint or matter is of a description specified in this paragraph if it is one—

(a)

in which the complainant refuses to co-operate to the extent that the relevant body considers that it is not reasonably practicable to continue the investigation;

(b)

which the Chief Executive has determined is suitable for local resolution;

(c)

which the relevant body considers is vexatious, oppressive or otherwise an abuse of the procedures for dealing with complaints, conduct matters or DSI matters;

(d)

which is repetitious, as defined in regulation 24(8) or 30; or

(e)

which the relevant body otherwise considers is such as to make it not reasonably practicable to proceed with the investigation.

(10)

For the purposes of paragraph (9) “relevant body” means—

(a)

the Director General, in a case where discontinuance is within the Director General’s power in accordance with paragraph (8); and

(b)

the Chief Executive, in any other case.

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)(b) (with regs. 36(4), 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)(c) (with reg. 37)

Commencement

I1: Reg. 65 in force at 30.4.2017, see reg. 1