Regulation 67 Procedure where a conduct matter is revealed during investigation of a DSI matterI1

England and Wales

(1)

If during the course of an investigation of a DSI matter it appears to a person appointed under regulation 43 (investigations managed by the F1Director General) F2... that there is an indication that a LAPO may have—

(a)

committed a criminal offence; or

(b)

behaved in a manner which would justify the bringing of disciplinary proceedings,

the appointed or designated person must make a submission to that effect to the Director General.

(2)

If, after considering a submission under paragraph (1), the Director General determines that there is such an indication, F3the Director General must—

(a)

notify the Chief Executive of that determination; and

(b)

send to the Chief Executive a copy of the submission under paragraph (1).

F4(2A)

If during the course of an investigation of a DSI matter by a person designated under regulation 44 the Director General determines that the person whose conduct is in question may have—

(a)

committed a criminal offence; or

(b)

behaved in a manner which would justify the bringing of disciplinary proceedings,

the Director General must proceed under sub-paragraph (2B).

(2B)

The Director General must—

(a)

prepare a record of the determination;

(b)

notify the Chief Executive of the determination; and

(c)

send to the Chief Executive a copy of the record of the determination prepared under paragraph (a).

(3)

If during the course of an investigation of a DSI matter it appears to a person appointed under regulation 39 (investigations by the Chief Executive on the Chief Executive’s own behalf) or 40 (investigations supervised by the Director General) that there is an indication that a LAPO may have—

(a)

committed a criminal offence; or

(b)

behaved in a manner which would justify the bringing of disciplinary proceedings,

the appointed person must make a submission to that effect to the Chief Executive.

(4)

If, after considering a submission under paragraph (3), the Chief Executive determines that there is such an indication, the Chief Executive must—

(a)

notify the Director General of that determination; and

(b)

send to the Director General a copy of the submission under paragraph (3).

(5)

Where the Chief Executive—

(a)

is notified of a determination by the Director General under paragraph (2) F5or (2B); or

(b)

makes a determination under paragraph (4),

the Chief Executive must record the matter under regulation 29 as a conduct matter.

(6)

Where a DSI matter is recorded under regulation 29 as a conduct matter by virtue of paragraph (5)—

(a)

the person investigating the DSI matter must (subject to any determination made by the Director General under regulation 38(5)) continue the investigation as if appointed or designated to investigate the conduct matter; and

(b)

the other provisions of these Regulations apply in relation to that matter accordingly.

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 reg. 67(1) 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(18)(a) (with reg. 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)
F4: Reg. 67(2A)(2B) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 36(18)(b) (with reg. 37)
F5: Words in reg. 67(5)(a) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 36(18)(c) (with reg. 37)

Commencement

I1: Reg. 67 in force at 30.4.2017, see reg. 1