OpenLegislation

Regulation 32 Reference of conduct matters to the IOPC DGF1I1

England and Wales

(1)

It shall be the duty of the Permanent Secretary to the Home Office or Director General to refer a recordable conduct matter to the IOPC DG if, in a case (whether or not falling within regulation 28 (conduct matters arising in civil proceedings)) in which the Permanent Secretary or Director General is the appropriate authority—

(a)

that matter relates to any incident or circumstances in or in consequence of which any person has died or suffered serious injury;

(b)

that matter is of a description specified in paragraph (2); or

(c)

the IOPC DG notifies the appropriate authority that F2the IOPC DG requires that matter to be referred to the IOPC DG for F3the IOPC DG’s consideration.

(2)

Any matter which relates to conduct falling within the following descriptions is specified for the purposes of paragraph (1)(b)—

(a)

a serious assault, as defined in guidance issued by the IOPC 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; or

(f)

conduct which is alleged to have taken place in the same incident as one in which conduct within sub-paragraphs (a) to (e) is alleged.

(3)

In any case where there is no obligation under paragraph (1) to make a reference, the appropriate authority may refer a recordable conduct matter to the IOPC DG if that authority considers that it would be appropriate to do so by reason of—

(a)

the gravity of the matter; or

(b)

any exceptional circumstances.

(4)

In a case in which a reference under paragraphs (1) or (2) is neither made nor required to be made, the Permanent Secretary to the Home Office may refer any recordable conduct matter to the IOPC DG if—

(a)

it is one in relation to which the Director General is the appropriate authority; and

(b)

the Permanent Secretary considers that it would be appropriate to do so by reason of—

(i)

the gravity of the matter; or

(ii)

any exceptional circumstances.

(5)

Where there is an obligation under this regulation to refer any matter to the IOPC DG, it must be referred in such manner as the IOPC DG specifies and—

(a)

if the matter falls within paragraph (1)(a) or (b), without delay and in any event not later than the end of the day following the day on which it first becomes clear to the appropriate authority that the conduct matter is one to which that sub-paragraph applies; and

(b)

if the matter falls within paragraph (1)(c), without delay and in any event not later than the end of the day following the day on which the IOPC DG notifies the appropriate authority that the conduct matter is to be referred.

(6)

Subject to paragraph (8), the following powers—

(a)

the power of the IOPC DG by virtue of paragraph (1)(c) to require a matter to be referred to it; and

(b)

the power of the Permanent Secretary to the Home Office and the Director General to refer any matter to the IOPC DG under paragraph (3) or (4),

shall each be exercisable at any time irrespective of whether the matter is already being investigated by any person or has already been considered by the IOPC DG.

(7)

Where—

(a)

the Permanent Secretary to the Home Office or the Director General refers a matter to the IOPC DG under this regulation; and

(b)

the Permanent Secretary to the Home Office or (as the case may be) the Director General does not consider that to do so might prejudice a possible future investigation of that matter,

it shall give a notification of the making of the reference to the person to whose conduct that matter relates.

(8)

A matter that has already been referred to the IOPC DG under this regulation on a previous occasion—

(a)

shall not be required to be referred again under this regulation unless the IOPC DG so directs; and

(b)

shall not be referred in exercise of any power conferred by this regulation unless the IOPC DG consents.

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

Commencement

I1

Reg. 32 in force at 7.10.2013, see reg. 1(1)