OpenLegislation

Regulation 69 Action by the Director General in response to an investigation report under regulation 68F1I1

England and Wales

(1)

This regulation applies where—

(a)

a report on an investigation carried out under the management of the Director General is submitted to F2the Director General under paragraph (3) of regulation 68; or

(b)

a report on an investigation carried out by a person designated by the Director General is submitted to the Director General under paragraph (4) of that regulation.

(2)

On receipt of the report, the Director General must—

(a)

if it appears that the Chief Executive has not already been sent a copy of the report, send a copy of the report to the Chief Executive;

(b)

determine whether the conditions set out in paragraphs (3) and (4) are satisfied in respect of the report;

(c)

if the Director General determines that those conditions are so satisfied, notify the Director of Public Prosecutions of the determination and send the Director a copy of the report; and

(d)

notify the Chief Executive and the persons mentioned in paragraph (7) of F3the Director General’s determination under paragraph (b) and of any action taken by the Director General under paragraph (c).

(3)

The first condition is that the report indicates that a criminal offence may have been committed by a person to whose conduct the investigation related.

(4)

The second condition is that the circumstances are such that, in the opinion of the Director General, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions.

(5)

The Director of Public Prosecutions must notify the Director General of any decision of the Director to take, or not to take, action in respect of the matters dealt with in any report a copy of which has been sent to the Director under paragraph (2)(c).

(6)

The Director General must notify the persons mentioned in paragraph (7) if criminal proceedings are brought against any person by the Director of Public Prosecutions in respect of any matters dealt with in a report copied to the Director under paragraph (2)(c).

(7)

The persons are—

(a)

in the case of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under regulation 14 (duty to provide information for other persons); and

(b)

in the case of a recordable conduct matter, every person entitled to be kept properly informed in relation to that matter under that regulation.

(8)

On receipt of the report, the Director General must also notify the Chief Executive that the Chief Executive must determine—

(a)

whether any person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer;

(b)

whether or not any such person’s performance is unsatisfactory;

(c)

what action (if any) the Chief Executive is required to, or will in the Chief Executive’s discretion, take in respect of the matters dealt with in the report; and

(d)

what other action (if any) the Chief Executive will in the Chief Executive’s discretion take in respect of those matters.

(9)

On receipt of a notification under paragraph (8) the Chief Executive must make those determinations and submit a memorandum to the Director General which—

(a)

sets out the determinations the Chief Executive has made; and

(b)

if the Chief Executive has decided in relation to any person whose conduct is the subject matter of the report that disciplinary proceedings or unsatisfactory performance proceedings should not be brought against that person, sets out the Chief Executive’s reasons for so deciding.

(10)

On receipt of a memorandum under paragraph (9), the Director General must—

(a)

consider the memorandum and whether the Chief Executive has made the determinations under paragraph (8) that the Director General considers appropriate in respect of the matters dealt with in the report;

(b)

determine, in the light of the Director General’s consideration of those matters, whether or not to make recommendations under regulation 75 (duties with respect to disciplinary proceedings etc.); and

(c)

make such recommendations (if any) under that regulation as the Director General thinks fit.

(11)

On the making of a determination under paragraph (10)(b) the Director General must give a notification—

(a)

in the case of a complaint, to the complainant and to every person entitled to be kept properly informed in relation to the complaint under regulation 14; and

(b)

in the case of a recordable conduct matter, to every person entitled to be kept properly informed in relation to that matter under that regulation.

(12)

The notification required by paragraph (11) is one setting out—

(a)

the findings of the report;

(b)

the F4Director General’s determination under paragraph (10)(b); and

(c)

the action which the Chief Executive is to be recommended to take as a consequence of the determination.

(13)

Regulation 16 (exceptions to the duty to keep the complainant informed and to provide information for other persons) has effect in relation to the duties imposed on the Director General by paragraph (11) of this regulation as it has effect in relation to the duties imposed on the Director General by regulations 13 and 14.

(14)

Subject to regulation 16, the Director General is entitled (notwithstanding any obligation of secrecy imposed by any rule of law or otherwise) to discharge the duty to give a person mentioned in paragraph (11) notification of the findings of the report by sending that person a copy of the report.

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)(c) (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)(d) (with regs. 36(4), 37)

F4

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)

Commencement

I1

Reg. 69 in force at 30.4.2017, see reg. 1