Regulation 66 Discontinuance of an investigation: notifications, appeals etc.I1
England and Wales
The F1Director General must not discontinue an investigation that is being carried out in accordance with regulation 44 (investigations by the Director General F2...) except in a cases where the complaint, conduct matter or DSI matter under investigation is of a description specified in regulation 65(9).
Where the Director General makes an order under regulation 65(1) or discontinues an investigation being carried out in accordance with regulation 44, F3the Director General must give notification of the discontinuance—
to the Chief Executive;
to every person entitled to be kept properly informed in relation to the subject matter of the investigation under regulation 14; and
in a case where the investigation that is discontinued is an investigation of a complaint, to the complainant.
Where the Chief Executive discontinues an investigation under regulation 65(2), the Chief Executive must give notification of the discontinuance—
to every person entitled to be kept properly informed in relation to the subject matter of the investigation under regulation 14; and
in a case where the investigation that is discontinued is an investigation of a complaint, to the complainant.
Where an investigation of a complaint, recordable conduct matter or DSI matter is discontinued in accordance with an order under regulation 65(1)—
the Director General may give the Chief Executive directions in accordance with paragraph (5); and
the Director General may ... take any such steps of a description specified in paragraph (8) (with the exception of the step in paragraph (8)(c)) as the Director General considers appropriate for purposes connected with the discontinuance of the investigation,
but otherwise neither the Chief Executive nor the Director General may take any further action in accordance with the provisions of these Regulations in relation to that complaint or matter.
A direction given to the Chief Executive by the Director General under paragraph (4)(a) may—
require the Chief Executive to produce an investigation report on the discontinued investigation under regulation 68 and to take any subsequent steps under these Regulations;
where the investigation concerned a complaint, require the Chief Executive to disapply the requirements of these Regulations as respects that complaint;
in a case within regulation 65(9)(b), require the Chief Executive to subject the complaint to local resolution;
direct the Chief Executive to handle the matter in whatever manner (if any) the Chief Executive thinks fit.
The Chief Executive must comply with any directions given under paragraph (5).
Where an investigation of a complaint, recordable conduct matter or DSI matter is discontinued in accordance with regulation 65(2)—
the Chief Executive may take any such steps of a description specified in paragraph (8) as the Chief Executive considers appropriate for purposes connected with the discontinuance of the investigation; but
otherwise neither the Chief Executive nor the Director General may take any further action in accordance with the provisions of these Regulations in relation to that complaint or matter.
For the purposes of paragraphs (4)(b) and (7)(a), the steps are—
to produce an investigation report on the discontinued investigation and take any subsequent steps under these Regulations;
where the investigation concerned a complaint, to disapply the requirements of these Regulations as respects that complaint;
to subject the complaint to local resolution;
to handle the matter in whatever manner the Chief Executive or (as the case may be) the Director General thinks fit.
The complainant may appeal to the Director General against any decision by the Chief Executive under regulation 65(2) to discontinue the investigation of the complaint.
On an appeal under this regulation, the Director General must—
determine whether any decision taken by the Chief Executive under regulation 65 or this regulation should have been taken in the case in question; and
if the Director General finds in the complainant’s favour, give such directions as the Director General thinks appropriate to the Chief Executive as to the action to be taken for investigating the complaint;
and the Chief Executive must comply with any such directions.
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
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)
- 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. 66 in force at 30.4.2017, see reg. 1