OpenLegislation

Regulation 38 Power of the IOPC DG to determine the form of an investigationF1I1

England and Wales

(1)

This regulation applies where—

(a)

a complaint, recordable conduct matter or DSI matter is referred to the IOPC DG; and

(b)

the IOPC DG determines that it is necessary for the complaint or matter to be investigated.

(2)

It shall be the duty of the IOPC DG to determine the form which the investigation should take.

(3)

In making a determination under paragraph (2) the IOPC DG shall have regard to the following factors—

(a)

the seriousness of the case; and

(b)

the public interest.

(4)

The only forms which the investigation may take in accordance with a determination made under this regulation are an investigation by—

(a)

the appropriate authority on its own behalf;

(b)

the appropriate authority under the supervision of the IOPC DG;

(c)

the appropriate authority under the management of the IOPC DG;

(d)

the IOPC DG.

(5)

The IOPC DG may at any time make a further determination under this regulation to replace an earlier one.

(6)

Where a determination under this regulation replaces an earlier determination under this regulation, or relates to a complaint or matter in relation to which the appropriate authority has already begun an investigation on its own behalf, the IOPC DG may give—

(a)

the appropriate authority; and

(b)

any person previously appointed to carry out the investigation,

such directions as F2the IOPC DG considers appropriate for the purpose of giving effect to the new determination.

(7)

It shall be the duty of a person to whom a direction is given under paragraph (6) to comply with it.

(8)

The IOPC DG shall notify the appropriate authority of any determination that the IOPC DG makes under this regulation in relation to a particular complaint, recordable conduct matter or DSI matter.

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)

Commencement

I1

Reg. 38 in force at 7.10.2013, see reg. 1(1)