Regulation 55 Restrictions on proceedings pending the conclusion of an investigationI1

England and Wales

(1)

No criminal or disciplinary proceedings shall be brought in relation to any matter which is the subject of an investigation in accordance with the provisions of these Regulations until—

(a)

the appropriate authority has certified the case as a special case under regulation 57(3) or 60(3); or

(b)

a report on that investigation has been submitted to the F1IOPC DG or to the appropriate authority under regulation 66 or 69 F2or, in the case of an investigation under regulation 44 by the IOPC DG acting personally, a report has been completed by the IOPC DG.

(2)

Nothing in this regulation shall prevent the bringing of criminal or disciplinary proceedings in respect of any conduct at any time after the discontinuance of the investigation in accordance with the provisions of these Regulations which relate to that conduct.

(3)

The restrictions imposed by this regulation in relation to the bringing of criminal proceedings shall not apply to the bringing of criminal proceedings by the Director of Public Prosecutions in any case in which it appears to him that there are exceptional circumstances which make it undesirable to delay the bringing of such proceedings.

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 reg. 55(1)(b) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(18) (with reg. 37)

Commencement

I1: Reg. 55 in force at 7.10.2013, see reg. 1(1)