Regulation 29 Recording etc. of conduct matters in other casesI1

England and Wales

(1)

This paragraph applies where—

(a)

a conduct matter comes (otherwise than as mentioned in regulation 28) to the attention of the Permanent Secretary to the Home Office and the Director General; and

(b)

it appears to the appropriate authority that the conduct involved in that matter falls within paragraph (2).

(2)

Conduct falls within this paragraph if (assuming it to have taken place)—

(a)

it appears to have resulted in the death of any person or in serious injury to any person;

(b)

a member of public has been adversely affected by it; or

(c)

it is of a description specified in paragraph (3).

(3)

The following descriptions of conduct are specified for the purposes of paragraph (2)—

(a)

a serious assault, as defined in guidance issued by the F1IOPC DG;

(b)

a serious sexual offence, as defined in guidance issued by the IOPC DG;

(c)

serious corruption, as defined in guidance issued by the IOPC DG;

(d)

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 guidance by the IOPC DG;

(e)

a relevant offence;

(f)

conduct whose gravity or other exceptional circumstances make it appropriate to record the matter in which the conduct is involved; or

(g)

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.

(4)

The appropriate authority must determine whether the matter is one which it is required to refer to the IOPC DG under regulation 32 or is one which it would be appropriate to so refer.

(5)

In a case in which the appropriate authority determines that the matter is one which it is required to refer to the IOPC DG under regulation 32, or is one which it would be appropriate to so refer, it shall record the matter.

(6)

In any other case, the appropriate authority shall determine whether the matter is repetitious within the meaning of regulation 30.

(7)

In a case where the appropriate authority determines that the matter is not repetitious within the meaning of regulation 30, it shall record the matter.

(8)

In any other case, the appropriate authority may (but need not) record the matter.

(9)

In a case where the appropriate authority—

(a)

records a matter under this regulation; and

(b)

is not required to refer the matter to the IOPC DG under regulation 32 and does not do so,

the appropriate authority may deal with the matter in such other manner (if any) as it may determine.

(10)

Nothing in paragraph (5) or (7) shall require the appropriate authority to record any conduct matter if it 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.

(11)

If it appears to the IOPC DG that—

(a)

any matter that has come to F2the IOPC DG’s attention is a recordable conduct matter; but

(b)

the matter has not been recorded by the appropriate authority,

the IOPC DG may direct the appropriate authority to record that matter; and it shall be the duty of that authority to comply with the direction.

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), reg. 30(2)(a) (with regs. 30(3), 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), reg. 30(2)(d) (with regs. 30(3), 37)

Commencement

I1: Reg. 29 in force at 7.10.2013, see reg. 1(1)