Regulation 48 Resumption of investigation after criminal proceedingsI1

Where the whole or part of the investigation of a complaint has been suspended until the conclusion of criminal proceedings, and the complainant has failed to indicate after the conclusion of those proceedings that the complainant wishes the investigation to start or be resumed, the F1IOPC DG or, as the case may be, appropriate authority shall take the steps set out in paragraph (2).

The IOPC DG or appropriate authority shall take all reasonable steps to contact the complainant to ascertain whether the complainant wants the investigation to start or be resumed as the case may be.

If the complainant indicates the wish for the investigation to start or be resumed, the IOPC DG or appropriate authority shall start or resume the investigation as the case may be.

If the complainant indicates that the complainant does not want the investigation to start or be resumed, or if the complainant fails to reply within a period of 28 days commencing on the day after the date of a letter sent to the complainant by the IOPC DG or appropriate authority, the IOPC DG or appropriate authority as the case may be shall determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter.

If the IOPC DG or appropriate authority determines that it is not in the public interest for the complaint to be treated as a recordable conduct matter, the provisions of these Regulations shall cease to apply to the complaint.

If the IOPC DG or appropriate authority determines that it is in the public interest for the complaint to be treated as a recordable conduct matter, the provisions of these Regulations shall apply to the matter.

Subject to paragraph (8), the IOPC DG or appropriate authority shall notify the person complained against if paragraph (5) or (6) applies.

Nothing in paragraph (7) shall require the IOPC DG or appropriate authority to make a notification if F2the IOPC DG or appropriate authority is of the opinion that that might prejudice any criminal investigation or pending proceedings or would be contrary to the public interest.