Regulation 30 Recording etc. of conduct matters in other casesI1
England and Wales
This regulation applies where—
a conduct matter comes (otherwise than as mentioned in regulation 29) to the attention of the chief officer, the local policing body or the contractor; and
it appears to the chief officer, the local policing body or the contractor that the conduct involved in that matter falls within paragraph (3).
In a case where a conduct matter has not come to the attention of the chief officer in accordance with paragraph (1), the local policing body or the contractor shall notify the chief officer about the matter and the circumstances that make it appear as mentioned in paragraph (1)(b).
Conduct falls within this paragraph if (assuming it to have taken place)—
it appears to have resulted in the death of any person or in serious injury to any person;
a member of public has been adversely affected by it; or
it is of a description specified in paragraph (4).
The following descriptions of conduct are specified for the purposes of paragraph (3)—
a serious assault, as defined in guidance issued by the F1Director General;
a serious sexual offence, as defined in guidance issued by the Director General;
serious corruption, as defined in guidance issued by the Director General;
a criminal offence or behaviour which is liable to lead to disciplinary proceedings and which in either case was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion, or other status identified in F2guidance issued by the Director General;
a relevant offence;
conduct whose gravity or other exceptional circumstances make it appropriate to record the matter in which the conduct is involved; or
conduct which is alleged to have taken place in the same incident as one in which conduct within sub-paragraph (a) to (f) is alleged.
The chief officer must determine whether the matter is one which the chief officer is required to refer to the Director General under regulation 33 or is one which it would be appropriate to so refer.
In a case in which the chief officer determines that the matter is one which the chief officer is required to refer to the Director General under regulation 33, or is one which it would be appropriate to so refer, the chief officer shall record the matter.
In any other case, the chief officer shall determine whether the matter is repetitious within the meaning of regulation 31.
In a case where the chief officer determines that the matter is not repetitious within the meaning of regulation 31, the chief officer shall record the matter.
In any other case, the chief officer may (but need not) record the matter.
In a case where the chief officer—
records a matter under this regulation; and
is not required to refer the matter to the Director General under regulation 33 and does not do so,
the appropriate authority may deal with the matter in such other manner (if any) as it may determine.
Nothing in paragraph (6) or (8) shall require the chief officer to record any conduct matter if the chief officer is satisfied that the matter has been, or is already being, dealt with by means of criminal or disciplinary proceedings against the person to whose conduct the matter relates.
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Annotations
Textual amendments
- F1
Words in Regulations substituted (except in reg. 1) (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 33(2)(a) (with regs. 33(3), 37)
- F2
Words in reg. 30(4)(d) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 33(13) (with reg. 37)
- F3
Reg. 30(12) omitted (8.1.2018) by virtue of The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 33(14) (with reg. 37)